National Native Title Tribunal
Corporate Plan 2018-2019
Background
The Native Title Act 1993 (Cth) established the National Native Title Tribunal (Tribunal) as an independent body with a wide range of functions.
The Act is a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders (Indigenous Australians) and is intended to advance the process of reconciliation among all Australians.
The purpose of the native title scheme, established by the Act is to:
- provide for the recognition and protection of native title
- establish a mechanism for determining claims to native title, and
- establish ways in which future dealings affecting native title (future acts) may proceed.
The Tribunal has numerous functions designed to assist in serving that purpose. In particular, the Tribunal has responsibilities in connection with the processing of applications for determinations as to the existence or non-existence of native title over identified parcels of land, and with applications for compensation payable pursuant to the Act.
The Tribunal has functions in connection with future acts as defined in s 233 of that Act. It also assists persons involved in proceedings under the Act, including dispute resolution.
Section 109 of the Act provides:
- The Tribunal must pursue the objective of carrying out its functions in a fair, just, economical, informal and prompt way.
- The Tribunal, in carrying out its functions, may take account of the cultural and customary concerns of Aboriginal peoples and Torres Strait Islanders, but not so as to prejudice unduly any party to any proceedings that may be involved.
- The Tribunal, in carrying out its functions, is not bound by technicalities, legal forms or rules of evidence.
The President of the Tribunal is responsible for managing the administrative affairs of the Tribunal, with the assistance of the Federal Court of Australia (FCA) Chief Executive Officer (CEO) and Principal Registrar, who may delegate his powers under the Act, to any of the Native Title Registrar, Deputy Registrar or staff assisting the Tribunal.
The CEO also has powers of delegation under the Public Service Act 1999 (Cth) and the Public Governance, Performance and Accountability Act 2013 (Cth).
The President may direct the FCA CEO and Principal Registrar regarding the exercise of his or her power to assist the President in managing the administrative affairs of the Tribunal.
Our Purpose
The purpose of the Tribunal is to perform the functions conferred upon it by the Act in accordance with the directions contained in s 109, ethically, efficiently, economically and courteously, thus advancing the purposes underlying the Act, particularly reconciliation amongst all Australians.
Goals
Each year, the Tribunal reviews its strategies and Priorities, having regard to its statutory functions. The Tribunal presently expects changes in those functions as the result of anticipated statutory amendments. It is expected that there will be an increased emphasis upon post-determination dispute resolution.
Our strategic objectives for the next four years:
- To increase contact with stakeholders, particularly representative bodies, governments at all levels and prescribed bodies corporate, with emphasis upon identification of their needs and development and demonstration of its capacity to satisfy such needs.
- To develop staff capacity by specialised training, including cross skilling and by fostering staff understanding of the wider role of the Tribunal in fulfilling the purpose of the Native Title Act.
- To develop amongst non-Indigenous staff a clearer understanding of the needs and problems of Indigenous Australians, as well as of their cultures and aspirations.
- To increase significantly the number of Indigenous staff working in the Tribunal.
Performance measures
The Tribunal strives to be an externally focussed organisation, responsive to stakeholder needs, and conscious of the role conferred upon it by Parliament.
The Tribunal will look to stakeholders for their assessments of its performance. It will also, where possible, identify relevant statistics concerning performance, maintain such statistics and publish them.
Performance criteria for the Tribunal is part of Outcome 1, Program 1.1 (Federal Court of Australia).
1 Strategic Objective
Increase contact with stakeholders
This strategy underpins the Tribunal's commitment to be service-focussed and responsive to the needs of stakeholders, relying on recent market research. The Tribunal will focus on core statutory functions. It will identify innovative ways in which to improve collaboration with stakeholders and it will seek to ensure that its services are appropriate and delivered respectfully.
Better communication, simplification of processes, and improved culture and innovation are at the heart of this strategy. Technology, internal reorganisation and the development of new products will assist us in implementing it, as will ensuring that the skills and capabilities of staff are aligned with the Tribunal's commitment to service excellence.
Technology and the development of new products will be an important enabler to achieve the strategy, as will ensuring that the skills and capabilities of staff are aligned with a commitment to service excellence.
Over the four years of this plan, the Tribunal will focus on the following strategies:
- Ensure consistent service delivery with a focus on service excellence.
- Improve service delivery through innovation and a focus on the needs of key clients and stakeholders.
Priorities - Increase contact with stakeholders
In 2018–19, the Tribunal will progress the following projects:
| Objective | Activity | Target date |
|---|---|---|
| Ensure consistent service delivery with a focus on service excellence |
| Ongoing |
| Improve service delivery through innovation and a focus on the needs of key clients and stakeholders |
| Ongoing |
| Ongoing |
2 Strategic Objective
Develop staff capacity
Several recent senior staff departures have offered an opportunity for re-organisation. In these circumstances, the Tribunal will take the following steps in 2018–19:
- identify and clarify the various functions conferred upon the Tribunal by the Act
- identify available specialised human resources within and outside the Tribunal
- develop new Brisbane premises
- redesign the teams performing the Tribunal's functions in order to facilitate a higher degree of specialisation amongst staff members whilst offering them opportunities for multi-skilling
- identify and train new leaders to replace recently departed senior staff, and
- develop clear lines of responsibility, accountability and communication within the Tribunal as a whole.
The goal is to build a capable, tolerant, respectful, culturally sensitive and diverse team. Staff members are universally enthusiastic, talented and generally attuned to the Tribunal's goals. However an unduly fluid structure has led to a loss of coherence, and the need for development of a more conventional system of leadership, supervision, delegation and reporting. A new structure has been devised. Over the next year, it will be adopted and adapted as necessary.
Over the four years of this plan, the Tribunal will focus on the following strategy:
- Restructure teams.
Priorities - Develop staff capacity
In 2018–19, the Tribunal will progress the following projects:
| Objective | Activity | Target date |
|---|---|---|
| Restructure teams |
| Ongoing |
| Ongoing | |
| Ongoing | |
| Ongoing |
3 Strategic Objective
Develop cultural awareness
In conjunction with the FCA, the Tribunal will develop a new reconciliation action plan and participate in the development of an indigenous employment strategy. Both documents will consolidate the Tribunal's commitment to developing cultural awareness and diversity within our workforce and to building relationships with the communities which we serve.
Whilst formal steps are essential in any plan to foster an appropriate workplace culture, informal steps are also of great value. When Indigenous and non-Indigenous people work together, their shared experiences should contribute to achieving the desired outcomes.
Further, stakeholders should see that the Tribunal values all of its staff, and that they work harmoniously together. By opening the workplace to the scrutiny of stakeholders and, to some extent, the general public, the Tribunal will seek to demonstrate best practice in our workplace relationships.
Over the four years of this plan, the Tribunal will focus on the following strategies:
- Develop a new Reconciliation Action Plan.
- Develop an Indigenous employment strategy.
Priorities - Develop cultural awareness
In 2018–19, the Tribunal will progress the following projects:
| Objective | Activity | Target date |
|---|---|---|
| Develop a new Reconciliation Action Plan |
| Ongoing |
| Develop an Indigenous employment strategy |
| Ongoing |
4 Strategic Objective
Increase Indigenous staff numbers
Presently, Indigenous participation in the Tribunal's workforce is concentrated in the Brisbane and Cairns offices. The Tribunal has, however, recently appointed an Indigenous lawyer in the Perth Office. It presently expects to employ two Indigenous graduates as research assistants, possibly located in Brisbane and Perth. Every attempt will be made to recruit other Indigenous staff where practicable.
Over the four years of this plan, the Tribunal will focus on the following strategy:
- Increase overall number of Indigenous staff within the Tribunal.
Priorities - Increase Indigenous staff numbers
In 2018–19, the Tribunal will progress the following projects:
| Objective | Activity | Target date |
|---|---|---|
| Increase overall number of Indigenous staff within the Tribunal |
| Ongoing |
