Chapter 15

No further calls disrupted Patrick on Monday. Tuesday served as a major contrast. The Minister’s PA called to ask whether he could come to a meeting at 1400. He had barely gotten off the phone when Jason called. Apparently he had also been “invited.” Patrick read him the Tribunal passage, emphasizing “Normally, the land will be passed down to future generations in a way that recognises the community’s traditional connection to that country.”

“Interesting,” Jason said, “I’ll do a bit of research before we meet.”

Next came Roy. He had spoken to Archy and gave Patrick the group’s Sat-phone number. Patrick told Roy about the coming meeting and read him, too, the paragraph from the Tribunal. By ten, Patrick was talked out.

It was only a few minutes later that Rachel cheered: “He folded!”

“What?”

“Email from Dr. G. ‘Thank you for the revised proposal and the expanded bibliography. This looks good to go. I’d appreciate a progress report in six to eight weeks’. You were right!”

“That’s good. We should celebrate tonight. But I’ll be meeting downtown in the afternoon.”

“With whom?”

“Madam Minister and Jason. Possibly others. I’m going to snack and then shower and dress. I’ll leave here around 1300 and catch the bus at King and Queen.”

“Wouldn’t you rather drive? I could wait for you at the Gallery.”

“That would be nice. Perhaps you could get some procedural advice from Winnie.”

Patrick was close to perfect on the attendees: there was one more, a slightly older woman he recognized immediately, Jennifer Macklin, but he waited till Mrs. Miller introduced her.

“I’m truly honored, ma’am,” he said.

“No chatting up an old bird, Mr. Hollister.”

“I assure you, I never expected to meet the person who introduced the 2011 legislation. It was when I was still in Perth.” [In November 2011, Federal legislation was introduced by Macklin to address key issues such as unemployment, school attendance, alcohol abuse, child protection, safety, housing and land reforms in the Northern Territory.]

“Your fame goes before you, Jenny,” the Minister said. “Let’s sit down.” They did. “Patrick, I’ve given a copy of your report to Ms Macklin; and Jason and I have read it. I think it makes sense. But I don’t know how it can be effected. Can you share your thoughts with us?”

Patrick took a deep breath. “Yes, I can. And I’m glad that Ms Macklin is here. My thoughts centre about the National Native Title Tribunal.”

“Aha!” said Macklin.

“I don’t know anything about them,” said the Minister.

“Nor did I until two days ago. But having been a student till recently, I still remember how to do research. The Tribunal is under the Attorney General. It has an office here in Sydney, but the Tribunal’s President is from Perth, as is one of the Members; both of the other Members are from Queensland.”

Jenny interrupted. “Who are they?”

Patrick looked at his note. “President is Raelene Webb, QC; Members are Helen Shurven, Dr. Valerie Cooms, and James McNamara. Dr. Cooms is from North Stradbroke Island. There are also an Acting Native Title Registrar, Rob Powrie, and Dr. Debbie Fletcher, who’s his Deputy. He’s in Canberra and she’s also in Perth.”

“Interesting,” said the Minister. “Four women, two men; one Aborigine; three in Perth, two in Brisbane, and one in Canberra. Is that statutory?”

“I don’t think so,” said Patrick. “As near as I can tell, the Act calls for President and Members to be appointed to the office of the Attorney General by the Governor-General for five-year-terms.”

“Hmmm. My guess is that those in Perth relate to the Noongar Claim and those in Queensland to the Torres Islands and Cape York.”

“I’m certain you’re right, Jenny. And there’s no one from the Northern Territory, or South Australia or New South because until a few months ago, those wheels didn’t squeak. Patrick, you went to Sturt when you were working for Jason. And you spoke to the mob at the Cave and went to Menindee at my request. What do you think?”

“I’ve many thoughts about many things, ma’am. Could you be more specific?”

“Start with the Tribunal.”

“OK. The government says ‘The National Native Title Tribunal (NNTT) is an independent agency established by the Native Title Act 1993.

“‘The Tribunal comprises a President and Members, who are appointed by the Governor General under the Act to make decisions, conduct inquiries, reviews and mediations, and assist various parties with native title applications, and Indigenous land use agreements (ILUAs).

“‘The NNTT is supported by the Native Title Registrar, also appointed by the Governor General. Together, the statutory office-holders of the Tribunal, (the President, Members and the Registrar), each have separate and specific functions and responsibilities to perform under the Act.’ And there are definitions of those.

“There are also very elaborate rules for filing claims and such. In fact, my reading of ‘Making a Claim’ has made me far more sympathetic to the forceful actions of bands just occupying territory.”

Jenny snorted.

“Let me read the beginning to give you the bureaucratic flavor.

To make a native title claimant application a Federal Court application form Form 1 Native Title Determination Application (Claimant Application) must be filled out and filed in the Federal Court.

An application is made by an applicant, who makes the claim on behalf of the native title claim group. The person(s) who make up the applicant must be authorised by the native title claim group to make the application.

An application must contain certain information and be accompanied by certain documents, set out in the NNTTs procedures and guidelines.