Changes to ATSIC legislation
The National Indigenous Australians Agency (NIAA) was established on 1 July 2019. Prior to this the functions of the Agency were delivered by the Department of the Prime Minister and Cabinet (PM&C). We are currently working through this transition and some content is yet to be transferred between websites. For the latest news from NIAA visit niaa.gov.au.
Indigenous AffairsConsultation process for caveated property
Friday, 31 May 2019
Publication author(s):
Publication abstract:
Read about what has changed, and why it has changed.
What has changed?
- The Australian Government holds caveats over 2800 grant-funded property titles owned by 400 Aboriginal and Torres Strait Islander organisations. Caveats are a legal warning that someone other than the owner holds an interest in a property.
- Former ATSIC legislation stopped the Government from removing its interests in these properties unless they were being sold, transferred or mortgaged.
- The change means the Government can now have an open conversation about whether it should keep these caveats or remove them.
Why has it changed?
- The Australian Government is committed to working in partnership with Aboriginal and Torres Strait Islander communities to progress self-determination.
- The old legislation meant ATSIC property grants have been treated differently from other grants, and Australian Government agencies have had varied approaches to dealing with organisations disposing of property.
- At the same time, assets of significant value to the Indigenous estate are not identified or protected under current policies.
- This situation has created red tape, uncertainty and complexity for organisations dealing with their own properties.
- The law has been changed so a new, consistent Australian Government policy can be developed and applied.