Rights and Interests Fact Sheet: Changes to ATSIC legislation
Indigenous AffairsConsultation process for caveated property
Tuesday, 22 May 2018
The Australian Government is committed to working in partnership with Aboriginal and Torres Strait Islander communities to progress self-determination.
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.
Have your say
- The Australian Government wants to hear from Aboriginal and Torres Strait communities and landholders so your views and experiences inform the new policy.
- To have your say, contact CthRightsandInterests@pmc.gov.au to register your interest in attending a consultation meeting, or give your feedback by 30 June 2018.