Native Title Act 1993: Akiba Case Significance

This essay assignment focuses on the significance of the High Court of Australia's decision in Akiba v Commonwealth (2013) in relation to the development of native title law, particularly concerning section 223 of the Native Title Act 1993. The Australian Law Reform Commission (ALRC) recommended amendments to this section to reflect the Akiba decision. The essay requires students to analyze and evaluate the impact of the Akiba case, drawing on essential readings, including the ALRC's report, scholarly articles, and relevant case law and legislation. Students are expected to present an argument, compare different viewpoints, and support their analysis with evidence and theoretical frameworks. The assignment also encourages further independent research to support their response.

Assignment question: Native Title: The Scope of Native Title
Rights and Interests
In Connection to Country: Review of the Native Title Act 1993 (Cth) (2015)
(https://www.alrc.gov.au/sites/default/files/pdfs/publications/alrc_126_final_rep
ort.pdf)
the Australian Law Reform Commission (‘ALRC’) recommended that s 223 of
the Native Title Act 1993 be amended to reflect the High Court of Australia’s
decision in Akiba v Commonwealth (2013) 250 CLR 209. Discuss the
significance of the decision in Akiba’s case with regard to the development of
native title law.
Reading Essential References:
In addition to the required readings on Native Title you should also read and refer to the
following in your essay:
Australian Law Reform Commission, Connection to Country: Review of the Native Title
Act 1993 (Cth), Report No 126 (2015) (Chapter 8).
Lauren Butterfly, ‘Unfinished Business in the Straits: Akiba v Commonwealth of Australia
[2013] HCA’ (2013) 8(8) Indigenous Law Bulletin 3.
Shaunnagh Dorsett and Shaun McVeigh, ‘Section 223 and the Shape of Native Title’ in
Lisa Ford and Tim Rowse (eds), Between Indigenous and Settler Governance (Routledge,
2013) 162.
Lisa Strelein, ‘The Right to Resources and the Right to Trade’ in Sean Brennan, Megan
Davis, Brendan Edgeworth and Leon Terrill (eds), Native Title from Mabo to Akiba: A
Vehicle for Change and Empowerment? (Federation Press, 2015) 44.
Other useful references:
Richard Bartlett, Native Title in Australia (Lexis Nexis Butterworths, 3ed, 2015)
Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill (eds), Native Title from
Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015)
Lisa Strelein, Compromised Jurisprudence: Native Title cases since Mabo (Aboriginal
Studies Press 2
nd
ed, 2009)
Further Research:

You should also do further independent research to support your response. See both the
‘Assignment tips’ below and the marking criteria.
 Include cases and AUSTRALIAN LEGISLATION (NSW) on native title
 Include secondary research- scholarly articles and books
 Present this in an argument or point of view- you must analyse and evaluate it
 You can compare different arguments and their bases and/ or consequences (e.g.
what is the supporting evidence), theoretical framework.