Upcoming reforms to the native title system

The Government established the Working Group in March 2013 to "explore how to strengthen governance and promote sustainability in the management of native title benefits," the media release explains. 

The Working Group included representatives from the National Native Title Council and the Minerals Council of Australia, as well as various academics, legal practitioners and philanthropists.

The Working Group made a number of recommendations, including:

• creating a new kind of not-for-profit body with income tax exempt status, called an Indigenous Community Development Corporation entity, for use by Indigenous communities;

• regulating  private agents involved in negotiating native title agreements;

• considering a statutory trust that would hold native title benefits where there was no other appropriate entity to hold them;

• considering a process for the registration of native title agreements; and

• clarifying that the native title holding community is the beneficial holder of native title benefits. 

Under the recommendations, indigenous communities will have access to the Indigenous Community Development Corporation (ICDC) - a new tax-exempt community future fund.

Assistant Treasurer David Bradbury, Attorney-General Mark Dreyfus QC, and Indigenous Affairs Minister Jenny Macklin have said that the Government is providing 'in-principle support' for all of the Working Group’s recommendations, and will develop these recommendations further in consultation with stakeholders. 

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Report to Government from Working Group on Taxation of Native Title and Traditional Owner Benefits and Governance

Media Release

Reforms to the Native Title System – Independent Review – Department of Families, Housing, Community Services and Indigenous Affairs