Native Title Law
Connection evidence
Evidence that a native title claim group has maintained their traditional laws, customs and connection to the claim area from before British sovereignty to the present. A fundamental requirement for a successful native title determination.
Evidence that a native title claim group has maintained their traditional laws, customs and connection to the claim area from before British sovereignty to the present. A fundamental requirement for a successful native title determination.
Connection evidence is the body of evidence assembled to demonstrate that a native title claim group has maintained their traditional laws and customs in relation to a particular area and their connection to that area continuously from before British sovereignty to the present day. It is the central evidentiary requirement in a native title claim. Connection evidence typically includes anthropological reports prepared by specialist anthropologists, historical records, oral evidence from Elders and knowledge holders, and genealogical evidence establishing the composition of the claim group. The quality and depth of connection evidence is often the determinative factor in whether a claim group can reach a consent determination with the State or must proceed to a contested hearing. Preparing robust connection evidence before lodgement of a claim is among the most important steps in the claims process.
Related terms
Native Title Law
Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
Native Title Law
Traditional law and custom
The body of law and practices maintained by an Aboriginal or Torres Strait Islander group from before British sovereignty, which forms the basis of their native title claim. Courts assess whether these laws and customs have been maintained continuously to the present.
Native Title Law
Consent determination
A determination that native title exists in an area, made by the Federal Court with the agreement of all parties, avoiding a contested hearing. The most common pathway to a positive native title determination.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.