Recommendations
Recommendation 1
The committee recommends that Schedule 1 of the Bill be amended
to increase the minimum period of recognition of a Native Title Representative
Body to two years.
Recommendation 2
The committee recommends that the Federal Government finalise
and implement the proposed funding arrangements for Prescribed Bodies Corporate
as a high priority.
Recommendation 3
The committee recommends that the code of conduct for parties
participating in National Native Title Tribunal mediation be developed without
delay and be made available to all parties in mediation before the National
Native Title Tribunal.
Recommendation 4
The committee recommends that the proposed powers of the
National Native Title Tribunal to give directions concerning the production of
documents (proposed section 136CA) or attendance at mediation (proposed subsection
136B(1A)) be amended to include rights to object to the directions on the
grounds of confidentiality, privilege and prejudice.
Recommendation 5
The committee recommends that guidelines for the exercise of
the powers to give directions in proposed subsection 136B(1A) and proposed
section 136CA be developed as a matter of priority.
Recommendation 6
The committee recommends that the Federal Court and the
National Native Title Tribunal develop a protocol which will allow
non-compliance with the directions of the National Native Title Tribunal as to
the production of documents and the attendance of parties at mediation to be
dealt with as a matter of priority by the Federal Court.
Recommendation 7
The committee recommends that the National Native Title Tribunal
develop an ongoing mediation training program for its members having particular
focus upon the characteristics and requirements of mediating native title
matters.
Recommendation 8
The committee recommends that the operation of proposed
Division 4AA be monitored by the Attorney-General's Department and a report
prepared for the Parliament after two years operation to assess the following:
- the extent to which these measures are
used;
- the effect they have on the resolution
of claims in terms of both cost and time;
- the extent, if at all to which the
parties' rights are compromised by this process; and
- the extent to which there is
duplication between the functions of the Court and the National Native Title
Tribunal in this area.
Recommendation 9
The committee recommends that the Federal Government consider
inclusion of the amendments to section 87A proposed by Telstra in the further
amendments to the Native Title Act 1993 planned for later in 2007.
Recommendation 10
Subject to the preceding recommendations, the committee
recommends that the Bill be passed.
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