Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760 (15 June 2004)

Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760 (15 June 2004) Report

AIATSIS Issues Paper

• Author(s): Lisa Strelein
• Published: 2005
• Publisher: Australian Institute of Aboriginal and Torres Strait Islander Studies; Native Title Research Unit
• Volume: Land, Rights, Laws: Issues of Native Title

Link to resource Report broken link

Abstract: Under section 66B of the NTA claim groups are entitled to replace or remove named applicants. Authorisation of the applicant can occur in accordance with decision making processes under either traditional law and customs that are binding on the group for decisions of that kind, or, where there is no such process, a process agreed to and adopted by the native title claim group in relation to authorising the application and things of that kind: s 251B. In this paper, Dr Lisa Strelein examines the decision in Bolton v WA [2004] FCA 760 (15 June 2004) against a backdrop of similar cases involving removal of applicants and authorisation to determine current state of the law and the implications for practice.

• Urls: https://aiatsis.gov.au/publications/products/authorisation-and-replacement-applicants-bolton-v-wa-2004-fca-760, https://aiatsis.gov.au/sites/default/files/products/issues_paper/strelein-ntip-v3n1-authorisation-and-replacement-of-applicants_0.pdf
• Publisher Location: Canberra
• Keywords: Aboriginal