David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I want to briefly clarify some things because I am not sure that senators have a clear grasp of what rep bodies are supposed to do. Section 203B sets out the functions of rep bodies, and those functions are in subsection (1): (a) facilitation and assistance functions; (b) certification functions; (c) dispute resolution functions; (d) notification functions referred to in section 203BG; (e) agreement-making function; (f) internal review functions. These functions are all very outcomes based and service related. The facilitation function, for example, is:

(a) to research and prepare native title applications, and to facilitate research into, preparation of and making of native title applications.

These are rudimentary tasks. These are outcomes based functions. Section 203BB(1)(b) is:

(b) to assist registered native title bodies corporate, native title holders and persons who may hold native title ... in consultations, mediations, negotiations and proceedings—

and so it goes on. The certification function is set out in section 203BE:

(1) The certification functions of a representative body are:

(a) to certify, in writing, applications for determinations of native title relating to areas of land or waters wholly or partly within the area for which the body is the representative body.

This is about getting the job done. It has not been getting done. The changes will assist it to get done, and that is the obligation of these rep bodies. They are not some fanciful political mechanism that becomes a bureaucratic dream team for a whole lot of do-gooders. This is outcomes based, and we want to see them start performing.