Author Description

The basic premise of this excellently researched and argued Discussion Paper is that there are working and workable Aboriginal systems of compensatory law which are not given equal weight in Native Title negotiation and the Native Title Act 1993 hence leading to confusion; That "native title compensation is, like native title itself, sui generis, or unique... (so) will require an innovative jurisprudential approach that acknowledges it as a fundamantally new creature, recognisable at the intersection of Aboriginal and Western laws"; under the headings: EMERGING DISCOURSES AND DIVISIONS OVER COMPENSATION; ABORIGINAL REGIMES OF COMPENSATION; THE DISCOURSE ABOUT COMPENSATION UNDER THE NATIVE TITLE ACT 1993; THE DISTINCTIVE FEATUREOF THE STATUTORY PATHWAYS; CREATING A RECOGNITION SPACE FOR NATIVE TITLE COMPENSATION; NATIVE TITLE AS CULTURAL PROPERTY; JUST TERMS COMPENSATION FOR NATIVE TITLE AS CULTURAL PROPERTY; A HEADS OF DAMAGES FOR NATIVE TITLE COMPENSATION; THE LESSONS AND CHALLENGES FOR COMPENSATION POLICY AND PRACTICE;"these policy and practical matters will all need to be addressed in order to secure just and sustainable compensation processes."