Australian Law Reform Commission 1986 recommendations - Indigenous customary laws

46. In 1992, the High Court of Australia handed down its decision in Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992) (Mabo No. 2). The court recognised the Meriam people of the Torres Strait held 'native title' over part of their traditional lands. The court found the common law of Australia recognises rights and interests to land held by Indigenous peoples under their traditional laws and customs. Native title rights/interests vary from community-to-community.
47. Following the decision in Mabo No. 2, the Government enacted the Native Title Act 1993 (Cth) which commenced 1 January 1994. The Act creates processes through which native title can be recognised and protected.

Productivity Commission 2014 recommendations on access to justice arrangements

48. The Government's response to the 2014 Productivity Commission Inquiry Report into Access to Justice Arrangements was published in 2016.¹⁷ Responses to the Committee's recommendations include:
    • Recommendation 16.3: Legal Aid Schemes and Services Approval 2023 allows people receiving legal assistance from approved providers be exempt from court fees in the federal courts.¹⁸
    • Recommendation 21.6: since 2015, federal funding under the National Legal Assistance Partnership (NLAP) uses funding allocation models to support legal aid commissions, community legal centres and Indigenous legal assistance services.
    • Recommendation 25: a National Legal Assistance Data Standards Manual was developed in 2015 to standardise definitions, counting rules and collection protocols for the legal assistance sector. Australian Attorney-General's Departments partnered with the Australian Bureau of Statistics (ABS), to deliver the first national legal assistance data collection (published 9 May 2024).
    • Recommendation 22: legal assistance funding and funding to Aboriginal and Torres Strait Islander Legal Services (ATSILS) is a shared responsibility of Australian governments.

National Access to Justice Partnership

49. The National Access to Justice Partnership will commence on 30 June 2025, providing an increase of nearly $800 million in funding over 5 years from 2025-26 to the legal assistance sector, focusing on uplifting legal services responding to GBV.

Australian Law Reform Commission's 2019 review of the family law system

50. The Government's response to the 2019 Australian Law Reform Commission Inquiry into the Family Law System was published in 2021,¹⁹ and included:
    • Recommendation 9: the Family Law Act was amended (2023), to expand definitions of 'family' to be more inclusive of Indigenous culture and traditions, to reflect Indigenous peoples may have extended family structures or kinship systems and child‑rearing responsibilities may extend beyond immediate family groups.
    • Recommendation 45: Federal Circuit and Family Court of Australia engaged 12 Indigenous Family Liaison Officers to support First Nations women and children engaging with the family court system.

Indigenous legal professionals

51. The Government funds the legal assistance sector including ATSILS, Family Violence Prevention Legal Services and peak representative bodies, to provide culturally-appropriate legal and other services to Indigenous people, including women.
52. In 2022, 749 solicitors identified as First Nations, representing 0.8% of all solicitors in Australia. In 2022, consistent with gender distribution of the total profession, there were 57% cent female First Nations solicitors, compared to 43% male.²⁰
53. The Government funds a network of 14 native title representative bodies and native title service providers to assist native title claimants and holders. Under the Native Title Act, native title claimants can make an application to the Federal Court of Australia to have their native title recognised by Australian law.