P&E Law has provided a submission to the Australian Law Reform Commission’s Review of the Future Acts Regime (Discussion Paper 88), drawing on decades of experience representing Aboriginal and Torres Strait Islander clients in future act negotiations.

Our submission supports the ALRC’s call for reform, highlighting that the current regime under the Native Title Act 1993 is no longer fit for purpose. Key themes include:

• The need for a properly resourced and sustainable system to support native title holders, including Registered Native Title Bodies Corporate (RNTBCs);
• Support for an impact-based model to replace the current categorisation of future acts;
• Strong endorsement of proposals to improve conduct, content standards and transparency in negotiations;
• The importance of ensuring native title parties are not disadvantaged by power imbalances or inadequate procedural protections;
• Support for the introduction of Native Title Management Plans, with caution that proper funding and accessibility must underpin their implementation.

We thank the ALRC for its thoughtful work and the opportunity to contribute to this important national conversation.

Read our full submission here