Queensland Government Reverses Secret Native Title Court Contest Policy
The Queensland government has executed a dramatic policy reversal, abandoning a secret directive to contest every new native title claim in court. This eleventh-hour backflip occurred just before the government was scheduled to appear before the federal court to explain why it had abruptly stopped negotiating with Cape York traditional owners.
Federal Court Scrutiny and Ministerial Directive
The controversy began when Federal Court Chief Justice Debra Mortimer issued a "please explain" order to the Queensland Department of Natural Resources and Mines. This followed the state's sudden decision to oppose parts of a decade-old native title claim by the Cape York United #1 claim group, areas it had previously accepted.
In an affidavit, acting director general Amy Rosanowski revealed that Natural Resources Minister Dale Last had issued a directive on February 17th ordering that "native title determination applications should be contested." This instruction was communicated to staff two days later, resulting in the department ceasing review of connection materials and advising applicants that claims would proceed to trial.
Policy Reversal and Ongoing Uncertainty
Following the federal court's intervention, Rosanowski met with Minister Last on March 9th and was advised "he no longer considered this undetermined area should proceed to trial." In her subsequent affidavit, she clarified that "the minister further informs me he does not require all other undetermined areas to proceed directly to trial" and that "the state's current position is that connection in this area is accepted in principle."
However, confusion persists as Minister Last later stated to media that "the government believes Queensland should be open and available for all Queenslanders" and emphasized the government's "responsibility to represent the interests of all Queenslanders" in native title matters.
Court Proceedings and Legal Implications
During the federal court hearing, Chief Justice Mortimer expressed concern that the February policy shift had "put into a state of uncertainty what is happening in Queensland about native title claims." She noted that multiple claims had been stalled after the state ceased negotiations following the directive.
Solicitor General Gim Del Villar, representing the state, assured the court that "the state does not have a blanket position that it is going to take matters throughout the state to trial" and that decisions would depend on "the evidence and particular circumstances of the particular case."
Dan O'Gorman, representing the Cape York claimants, expressed relief that "apparently, now nothing has changed" while noting his clients saw "nothing to be gained by commenting upon the events that took place between the 17th of February and the 10th of March."
Broader Context of Native Title Claims
Most native title claims in Australia are resolved through consent determinations, where both traditional owner groups and state governments agree before federal court approval. Contested court hearings represent a minority of cases and are significantly more expensive, time-consuming, and complex for applicants.
The Queensland policy reversal comes amid ongoing national discussions about Indigenous land rights and government responsibilities in native title processes. The episode highlights the delicate balance between state interests and Indigenous rights in Australia's legal landscape.
