Changes to ATSIC legislation
Indigenous AffairsConsultation process for caveated property
Friday, 31 May 2019
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.