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

The government has considered this amendment and all I can say with respect to the amendment and to the Democrats is that this is about the court taking into account certain reports when making orders about native title determination applications. As a matter of practice, when a judge calls for a report or seeks to use a report and takes it into account he would of course disclose it to the other parties to the proceedings and we see that that is the way the reforms should work. Therefore we cannot accept this amendment.

Question negatived.

I move government amendment (11) on sheet QW307:

(11)  Schedule 2, item 53, page 44 (after line 15), at the end of subsection 136GE(1), insert:

However, the findings of the review are not binding on any of the participating parties.

Government amendment (11) would remove any doubt that the findings made by a member of the tribunal following a connection review are not binding on any of the parties. The government does not consider that the provisions as drafted could render the findings binding on parties and it is not intended that the findings of a connection review be binding. A connection review is intended to be upon a voluntary process. Concerns were raised with the government that these provisions may, not withstanding the government’s intention and the drafting of the provisions, render the findings of a connection review binding on the parties. This amendment will avoid any doubt about the operation of the provision by providing that the findings of a connection review are not binding on any of the parties participating in the review.