Connection report guide
Connection in a native title claim
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.
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. This report may be complemented or supplemented by evidence in affidavit form and/or in formats such as videos, audio recordings, etc.
The requirements for such evidence of “connection” are contained in s. 223 of the Native Title Act 1993 (Cth) [NTA].
Purpose of connection evidence
An Applicant’s connection evidence puts before the State key information that the State will use to decide whether or not it is prepared to enter into substantive negotiation towards a consent determination.
Guide to compiling a connection report
The Guide reflects the Queensland Government's understanding of the requirements for connection as set out in the NTA. 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. It sets out the type of information consultant anthropologists will need to consider in the preparation of the Applicants' evidence. The Guide also sets out the type of information that should be included and the issues that should be addressed. It is written as a reference tool and not as a template.
Claim Resolution within ATSILS 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, 229K)*
- Guide to compiling a Connection Report for native title claims in the Torres Strait (PDF, 194K)*
* Requires Adobe Reader
Last reviewed 24 February 2012
Last updated 30 August 2011