The Recognition Level of the Native Title Claim Group: A Legal and Policy Perspective

The Recognition Level of the Native Title Claim Group: A Legal and Policy Perspective Report

AIATSIS Issues Paper

  • Author(s): Daniel Lavery
  • Published: 2004
  • Publisher: Australian Institute of Aboriginal and Torres Strait Islander Studies; Native Title Research Unit
  • Volume: Land, Rights, Laws: Issues of Native Title

Abstract: In this paper, Daniel Lavery examines the difficulties of appropriately recognising native title claim groups given the relative silence of the Native Title Act 1993 (Cth), conflicting federal court cases, the differences of legal and anthropological methodologies, and legal and policy considerations. Lavery ultimately argues that the recognition level of native title claim groups should be determined by asking whether the group of persons which claim the rights and interests are the same community which sources the traditional laws and customs. Native title determinations made by the broader legal system must be made wisely and perhaps, Lavery argues, this wisdom lies in not unduly dissecting the Indigenous societies. Above all, any native title determination should strengthen the Indigenous community of native title holders, not merely parts of them.

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Suggested Citation
Daniel Lavery, 2004, The Recognition Level of the Native Title Claim Group: A Legal and Policy Perspective, Volume:Land, Rights, Laws: Issues of Native Title, Report, viewed 09 August 2022, https://www.nintione.com.au/?p=3259.

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