Connection report guide
Connection evidence guide
By lodging a native title claim in the Federal Court the native title party commences a legal proceeding, involving the Queensland Government and other respondent parties. A consent determination of native title can only occur if agreement about issues relating to connection exists between all the parties involved.
The State can only agree to a consent determination that native title exists where the native title party provides evidence of their connection to the lands and waters claimed under the claim group's system of traditional laws and customs. The State receives this body of evidence and argument generally in the form of a connection report written by a consultant anthropologist.
Purpose of connection evidence
The purpose of connection evidence (generally in the form of a written report compiled by a consultant anthropologist; this may also be complemented or supplemented by affidavit material and/or other formats such as videos, audio recordings etc) that puts before the State of Queensland key information and analysis that the State will use to decide whether or not it is prepared to proceed towards a consent determination of native title.
The compilation of connection evidence to the State necessitates the input of legal officers and consultant anthropologists as a native title claim is framed within a legal proceeding. Empirical data, analysis and argument presented to the State needs to sustain a legal analysis that the requirements of s.223 of the Native Title Act (Cth) have been met.
Guide to compiling a connection report
The guide reflects the Queensland Government's understanding of the legal requirements for the recognition of native title at the time of writing. Other parties may have a different understanding and it is important that the native title applicants consider this especially when their goal is to obtain the agreement of these parties to a consent determination of native title.
The guide has been produced to assist consultant anthropologists in the preparation of a connection report. The guide sets out the type of information consultant anthropologists will need to consider in the preparation of the Applicants' evidence. The guide sets out the type of information that should be included, and the issues that should be addressed. It is a written as a reference tool and not as a template.
Claims Resolution manages the connection process. It is reviewed by the Connection Unit and Crown Law and a recommendation made to the Director, Claim Resolution. Further inquiries relating to the State's requirements can be obtained from the Director, Claim Resolution.
Guide to compiling a Connection Report for native title claims in Queensland (PDF, 173K)*
Guide to compiling a Connection Report for native title claims in the Torres Strait (PDF, 194K)*
* Requires Acrobat Reader
Last updated: 10 March 2009