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Since the establishment of the Native Title Act 1993 (Cth) (‘Native Title Act’), Aboriginal and Torres Strait Islander peoples have lodged close to 1,800 native title claimant applications; 360 of these have since been determined, 40 by trial. Many claims were ultimately withdrawn; however, 266 remain on foot.1 A further 41 compensation applications have been filed. As a result of these many legal proceedings, the Federal Court of Australia and the National Native Title Tribunal (NNTT) are now in possession of an enormous number of records that contain information about many thousands of Aboriginal and Torres Strait Islander persons, both living and deceased.2

Providing Public Access to Native Title Records: Balancing the Risks Against the Benefits