Consultation process for caveated property
Commonwealth rights and interests in Indigenous grant-funded property (CRIIP) project
Changes to ATSIC legislation
The Australian Government holds caveats over 2800 grant-funded property titles owned by 400 Indigenous organisations. Former ATSIC legislation stopped the Government from removing its interests in these properties unless they were being sold, transferred or mortgaged. The old legislation meant ATSIC property grants were treated differently from other grants and that Australian Government agencies had different approaches for dealing with the disposal of property.
In February 2018, legislation was passed to allow the Government to give written notice to Indigenous organisations that its consent is no longer required for a property disposal. This means that Indigenous organisations can apply at any time to have a caveat on their property lifted perpetually.
Developing new policy guidelines
As a result of the legislative changes, the Government is developing new policy guidelines on the retention and removal of caveats over grant-funded properties. In May and June 2018, we will conduct a national consultation process to inform the development of the new CRIIP policy and guidelines. A governance committee is overseeing this process. The committee includes consenting authorities and invited Indigenous representatives:
- Department of the Prime Minister and Cabinet
- Department of Health
- Attorney General’s Department
- Department of Communications and the Arts
- Indigenous Land Corporation
- Indigenous Business Australia
- invited Indigenous representatives from Aboriginal Housing Victoria, NSWALC and National Congress.
In developing the new policy guidelines, the Australian Government is committed to three clear principles:
- Supporting self-determination by maximising choice, flexibility, autonomy and economic independence for Indigenous organisations.
- Supporting the sustainability of assets for community benefit, to ensure the activation of cultural, legal, health, environmental, social and economic outcomes.
- Ensuring no organisation is disadvantaged through a new policy to deal with grant-funded properties.
Have your say
The Government wants to hear from Aboriginal and Torres Strait communities and landholders to inform the new policy guidelines. This is a complex and challenging area, and there are different points of view to consider.
Consultations are planned in the following locations and dates from 10-12pm (with venues TBA):
- Brisbane: Tuesday 29 May 2018
- Townsville: Wednesday 30 May 2018
- Cairns: Thursday 31 May 2018
- Melbourne: Tuesday 12 June
- Ceduna: Wednesday 13 June
- Perth: Thursday 14 June
- Canberra: Monday 18 June
- Sydney: Wednesday 20 June
- Dubbo: Thursday 21 June
For further information, including confirmation of venues, and to register your interest in attending a consultation meeting, please email CthRightsandInterests@pmc.gov.au.
Submissions can also be provided in writing, and are due by 30 June 2018.
Rights and Interests Fact Sheet: Developing new policy guidelines
Rights and Interests Fact Sheet: What interests do the Australian Government hold?
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