Aboriginal communities face deregistration

Aboriginal communities face deregistration

By Linda Kaucher

Hundreds of remote Aboriginal communities face the loss of title to their land because of federal government enforcement of seriously flawed legislation.

Federal law requires all Aboriginal communities to become incorporated to hold or claim title to land. Once they are registered, they are then required, as corporations, to lodge annual corporate returns, even if they conduct no business other than holding title to the land.

However, many of the title holders in these communities lack the literacy skills required to deal with annual returns or to recognise and negotiate the possibility of extensions. They also lack the resources to have the returns completed for them.

The federal government provides little support. The Office of Aboriginal Registration believes that having a free call number is adequate.

Failure to lodge returns or negotiate an extension means that the Office of Aboriginal Registration recommends deregistration to the court. Communities can be deregistered without actual contact having been made. Deregistration means a community cannot hold title to its land.

ABC's 7.30 Report revealed on February 2 that the remote Top End community Bob's Yard has been deregistered and faces the loss of land title after failing to lodge annual returns. None of the old people registered as title holders can read or write English.

The program also reported that a review of the legislation, completed and handed to the minister for Aboriginal affairs Senator John Herron four years ago, called the legislation oppressive, and recommended broad ranging changes. The minister has failed to change the legislation.

From GLW issue 397