David Pocock (ACT, Independent) Share this | Hansard source

by leave—I move an amendment to the motion as circulated:

That the motion be amended to read as follows:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 26 August 2025:

(a) the effectiveness of the Native Title Act 1993 (the Act) and related state, territory and federal institutional and policy frameworks in addressing inequalities in the negotiating position of First Peoples, with specific reference to the principles of free, prior and informed consent;

(b) the process, quality and effectiveness of consultation and consent processes with traditional custodians with respect to:

(i) ascertaining the views of traditional owners and native title holders and applicants,

(ii) negotiations on behalf of traditional custodians,

(iii) communication with traditional custodians,

(iv) maintenance and accuracy of the register of members,

(v) opportunity for dissenting views and the management of dissenting views and conciliation of disputes,

(vi) declaration and management of conflicts of interest, including but not limited to connections to and involvement with proponents, and

(vii) transparency and accountability in decision-making processes;

(c) the current operation of the future acts regime and other relevant parts of the Act, including section 31 (right to negotiate), section 66B (replacement of the applicant) and Part 6 (the operation of the National Native Title Tribunal);

(d) ensuring transparency and accountability in decision-making, financial and other operations, including corporate reporting responsibilities and conducting directors' meetings, annual general meetings and special general meetings;

(e) the availability, accessibility, impact and accountability of public sector funding for:

(i) prescribed bodies corporate,

(ii) native title representative bodies,

(iii) land councils,

(iv) traditional custodians to pursue native title claims outside of native title representative bodies, and

(v) native title claim respondents/objectors;

(f) the explicit authority and responsibilities of prescribed bodies corporate and representative bodies under the Act;

(g) opportunities for reforming existing institutional, legislative and policy frameworks, including new accountability or governance arrangements, to better advance the rights and economic, social, environmental and cultural aspirations of First Peoples; and

(h) other related matters.