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

I am obliged to all senators for their contribution. The Democrats’ opposition to schedule 3 would remove a provision intended to allow a recommendation by the prescribed body corporate report to be implemented. That provision will allow regulations to allow native title holders to decide on the types of decisions they wish to be consulted about, according to their particular circumstances. I say to Senator Bartlett, prescribed bodies corporate must presently consult about ‘native title decisions’. The definition of ‘native title decision’ is presently unclear and we seek to clarify it. However, it is often understood as requiring prescribed bodies corporate to consult with and obtain the consent of the native title holders they represent about all future acts. That is a very expensive and time-consuming process, particularly in outback Australia.

Future acts, which result in native title being surrendered, are clearly significant and existing consultation and consent obligations will be retained for these acts. Other future acts have more limited impacts and prescribed bodies corporate will not be legislatively obliged to meet consultation and consent requirements for these acts. However, prescribed body corporate members will be completely free to impose additional consultation and consent requirements on their prescribed body corporate through its rules, if they so want.

In closing can I say, as I do not intend to say anything more on the upcoming division, that the measures of the Native Title Amendment Bill 2006 are part of the government’s practical reforms to improve performance of the native title system and to encourage agreement making in preference to litigation—that is, a negotiated settlement at about a fraction, probably less than five per cent, of the cost of weeks and weeks of Federal Court hearings and visitations to the designated claim areas.

The government has developed and is now implementing a coordinated and balanced package of reforms to address all significant elements of the native title system. The reforms enhance the framework within which parties can seek outcomes. The key to securing outcomes is the behaviour of the parties themselves. With the changes made by these reforms, the performance of the native title system should continue to improve and we should continue to encourage agreement making and resolution through conciliation and through negotiation and mediation as opposed to bringing in the lawyers in the court.