What is authorisation?

10.9       An application for a determination of native title can only be made by an applicant who has been authorised by all the people who hold the native title claimed.[1]

10.10   An applicant for compensation must also be authorised. The Native Title Act provides for applications for compensation for the extinguishment or impairment of native title arising from validation of certain past, intermediate or future acts.[2]To make an application for compensation, a person or group of people must be authorised by all the people who claim to be entitled to the compensation. The person or group of people is ‘the applicant’, and the people who claim to be entitled to the compensation are ‘the compensation claim group’. This chapter refers to both native title claims and compensation claims, unless otherwise indicated.

10.11   The Native Title Act does not require all members of a claim group to participate in the authorisation of the applicant. It is sufficient if all members have been given an opportunity to participate.[3] The Federal Court has provided guidance as to the correct procedure for giving notice of and conducting an authorisation meeting.[4]

10.12   A claim cannot be registered unless the Registrar is satisfied that the applicant is authorised to make the application, or that the representative body has certified that the applicant is authorised.[5]