12.1       This chapter considers aspects of the processes involved in the resolution of native title claims, whether this resolution is achieved through litigated proceedings or, as is increasingly the case, through consent determinations. The aspects considered include:

  • the role of the Crown in native title applications, and particularly in consent determinations;

  • the use of expert evidence in native title proceedings;

  • handling information generated as connection evidence;

  • specialist training schemes; and

  • the native title application inquiry process.

12.2       This chapter includes a recommendation that options for voluntary specialist training for native title practitioners be explored. The ALRC makes two recommendations regarding the native title application inquiry process, intended to facilitate the use of the native title application inquiry process where the Court considers it appropriate. The ALRC also recommends that amendments made to s 223 of the Native Title Act should only apply to determinations made after the date of commencement of any amendment.