Summary

7.1          The Terms of Reference for this Inquiry require the ALRC to consider whether there should be a ‘presumption of continuity of acknowledgment and observance of traditional laws and customs and connection’. The ALRC considers that it is not necessary to introduce such a presumption in light of other recommended reforms. It considers that issues concerning proof of native title should be addressed by amendments to the definition of native title in s 223 of the Native Title Act 1993 (Cth) (‘Native Title Act’). These recommended amendments are detailed in Chapter 5. However, the ALRC does recommend that there be guidance in the Native Title Act regarding when inferences may be drawn in the proof of native title rights and interests.