Documents and Legislations which allows for Aboriginal Land Councils and NTRBC's to register with private U.S. companies without informed consent.

Response to this request is long overdue. By law, under all circumstances, National Native Title Tribunal should have responded by now (details). You can complain by requesting an internal review.

: Deborah-May: Torrens

Dear National Native Title Tribunal,

I am contacting the National Native Title Tribunal to ask for specific documents, Acts and legislations which allows for an Individual from any Aboriginal Land Council and RNTBC to register LALC's and RNTBC's with private U.S. companies such as Duns and Bradstreet, without knowledge or informed consent of Members, Native Title Holders and Custodians.

I look forward to receiving a response from you by twenty (20) working days.

Yours faithfully,

:Deborah-May: Torrens

FOIContact, National Native Title Tribunal

1 Attachment

OFFICIAL

 

Dear Deborah-May

 

I refer to your email on 4 July 2024, seeking ‘Acts and legislations which
allows for an Individual from any Aboriginal Land Council and RNTBC to
register LALC's and RNTBC's with private U.S. companies such as Duns and
Bradstreet, without knowledge or informed consent of Members, Native Title
Holders and Custodians’.

 

The National Native Title Tribunal does not manage Local Aboriginal Land
Councils. You should direct that portion of your query to the NSW
Government. The Tribunal also does not manage registrations relating to
RNTBCs with US companies such as Duns and Bradstreet. You may wish to
contact Duns and Bradstreet directly in relation to your query.

 

Otherwise, acts and legislation are publicly accessible on the [1]Federal
Register of Legislation. The Tribunal is otherwise unable to assist with
your query.  

 

Kind regards

Mike

 

Freedom of Information Officer

National Native Title Tribunal

 

 

 

 

 

 

 

 

 

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: Deborah-May: Torrens

Dear Mike,

I am writing to seek clarification and regarding the responsibilities of the National Native Title Tribunal in matters pertaining to the registration of Local Aboriginal Land Councils (LALCs) and Registered Native Title Bodies Corporate (RNTBCs) with foreign entities, specifically those governed under the U.S. Corporation and the European Union.

As an advocate for the rights and interests of Indigenous communities, I am concerned about the potential implications such registrations may have on the native title rights and the broader cultural heritage protections afforded under Australian law.

It is imperative that the Tribunal, tasked with the administration and protection of native title, provides genuine guidance and transparent information to the general public and all stakeholders involved.

The lack of readily available information on these matters raises several questions:

1. What is the Tribunal's role in overseeing or advising on such registrations?

2. Are there specific guidelines or regulatory measures that LALCs and RNTBCs should follow when engaging with foreign companies?

3. What are the potential legal and cultural impacts on native title rights when Indigenous land councils and bodies corporate register with entities under foreign jurisdictions?

4. How does the Tribunal plan to inform and educate stakeholders about these critical issues?

The clarity on these points is crucial for ensuring that the rights and interests of Native Title holders are not inadvertently compromised. It would also greatly assist in fostering a more informed and engaged community, aware of the international engagements that may affect their rights, freedoms and cultural heritage.

I kindly request that the Tribunal provide detailed information or direct me to resources that could address these queries. Your cooperation and transparency in this matter will be greatly appreciated and will contribute to the ongoing trust and confidence in the Tribunal's commitment to protecting native title rights.

Thank you for your attention to this matter. I look forward to your prompt response.

Yours sincerely,

:Deborah-May: Torrens

FOIContact, National Native Title Tribunal

1 Attachment

OFFICIAL

 

Dear Deborah-May

 

I refer to your further email sent on 9 July 2024 and to my previous email
to you of 5 July 2024.

 

There is nothing further that can be added to my previous response, which
noted that the National Native Title Tribunal does not manage either Local
Aboriginal Land Councils or the registration of RNTBCs with foreign
entities. As there is nothing further that can be added in relation to
this, any further queries in relation to the same matters may not receive
a response.

 

Kind regards

Mike

 

Freedom of Information Officer

National Native Title Tribunal

 

 

 

 

 

 

 

 

 

show quoted sections

: Deborah-May: Torrens

Dear Mike,

Thank you for your email dated 9 July 2024, and for your previous correspondence on 5 July 2024.

I appreciate your clarification regarding the National Native Title Tribunal's role and the management of Local Aboriginal Land Councils and the registration of RNTBCs with foreign entities.

For clarity, I would like to highlight the relationship between the Native Title Act and the establishment of Registered Native Title Body Corporates (RNTBCs):

Recognition of Native Title:

The Native Title Act provides the legal framework for recognizing and protecting native title rights and interests of Indigenous Australians.
Determination of Native Title:

When native title is recognized through a determination by the Federal Court of Australia, a RNTBC must be established to hold and manage those native title rights on behalf of the native title holders.
Establishment of RNTBCs:

Under the Native Title Act, once a native title determination is made, the native title holders are required to nominate a corporate entity to manage their native title rights. This entity becomes a RNTBC.
The RNTBC must be incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act), which ensures that it operates in a manner that is consistent with Indigenous governance structures and practices.

Role and Responsibilities of RNTBCs:
RNTBCs hold native title in trust for the native title holders or act as their agent. They have the responsibility to manage and protect native title rights and interests.

They are required to consult with native title holders and make decisions regarding land use, access, and other matters related to native title.

Compliance and Reporting:
RNTBCs must comply with the Native Title Act, the CATSI Act, and other relevant legislation. They must also report annually to the Office of the Registrar of Indigenous Corporations (ORIC) on their activities and financial status.

As I understand there is no further information available on this matter, I will direct any future inquiries to Linda Burney and the Attorney-General.

Thank you for your assistance.

Kind regards,

Deborah-May Torrens

FOIContact, National Native Title Tribunal

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