southeast queensland regional research project (serrp) factsheet final.pdf · the southeast...

Southeast Queensland Regional Research Project (SERRP) June 2011

Queensland South Native Title ServicesP : (07) 3224 1200 • 1800 663 693 F : (07) 3229 9880 E : [email protected] • www.qsnts.com.au

What is SERRP?The Southeast Queensland Regional Research Project (SERRP) is research work currently being undertaken by Queensland South Native Title Services (‘QSNTS’) in relation to native title in the Southeast Queensland region. The aim of the project is to conduct sufficient regional historical, anthropological and genealogical research to determine the extent of country, traditional boundaries and levels of society that exist in the region.The SERRP is part of QSNTS’ regional strategy to resolve native title interests in Southeast Queensland. This research will allow a broad, objective and regional picture of native title in the area.

Why is regional research necessary?QSNTS recognises that the system of laws and customs practiced by Aboriginal peoples across the broader Southeast Queensland region involves complex relationships between neighbouring groups.Because of this complexity, the SERRP is necessary in order to build a body of evidence based on solid historical, genealogical and anthropological research that will provide a foundation for:• defining the groups that hold, or potentially hold, native title

rights and interests within the Southeast Queensland region; • determining the appropriate boundaries for potential native

title determination applications to be lodged on behalf of the defined groups; and

• avoiding any overlaps or disputes.

Where will the research be focussed?The research area spans from approximately Beenleigh in the North, down to the Gold Coast and New South Wales border area and incorporating places inland such as Beaudesert, Boonah, Ipswich, Warwick, Stanthorpe, Texas and Inglewood and including, but not limited to, the asserted traditional land and waters of those Peoples who identify as (in alphabetical order):

Birinburra Jagera UgarapulBullungin Kombumerri WangerriburraGambuwal Migunberri YuggeraGithabul Minjungbal YugembehGugingin Mununjali Kambuwal/Gambuwal

The map below highlights the approximate research area.


How will SERRP affect existing registered native title claims in the region?As the SERRP is a ‘regional research project’, it will be conducted independently of any existing registered claims, but the terms of reference of the project are broad enough to incorporate historical, anthropological and genealogical investigations involving the land and waters that are the subject of both current, past and potential claims. Any existing claims can either participate in the research or, if the research identifies any issues which may impact on an existing claim, QSNTS will share that research with the existing claim group on a confidential and without prejudice basis.The SERRP will aim to achieve a clearer understanding of how the laws and customs of the various Southeast Queensland societies, groups, sub-groups and clans may be related on a broad regional level. The outcome of the research may inform its participants and QSNTS as to where prospective native title claims might be lodged. The outcome may also identify instances where existing claims should be amended.Overall, the goal of QSNTS is to work towards successful resolution of native title claims in the Southeast Queensland region and this cannot be achieved without accurate research being completed.

What does this mean for future native title claims? New claims must be: 1. based on evidence which can substantiate “right people for

right country”; 2. capable of passing the registration test; and3. supported by expert Counsel advice that there are reasonable

prospects of achieving a consent determination or successfully prosecuting the claim in the Federal Court.

QSNTS’ policy for funding native title claims outlines that new claims must be based on sufficient anthropological evidence. Any new native title claims that are lodged must be done properly from the outset and meet QSNTS’ minimum criteria.Serious legal consequences may result from claims that are improperly prepared and fail to meet the minimum criteria. These include:1. failure to pass the Registration Test;2. the claim being immediately set down for trial;3. the claim being dismissed or discontinued due to inability

to comply with strict Court timeframes on the gathering and exchange of evidence;

4. orders that the Applicant and/or claim group pay the other parties’ costs, where timeframes are not met;

5. orders restricting or placing conditions upon the re-lodgement of claims that are dismissed or discontinued; and

6. a negative determination of native title should the matter be unsuccessful at hearing and the Court finds that native title does not exist in a particular area.

The SERRP aims to establish a good foundation of evidence for pursuing new native title claims in Southeast Queensland.


When and how will the research be conducted?Timeframe Research

April - October 2011 Historical Report

May - October 2011 Genealogical Report

June 2011 - May 2012 Part 1: Preliminary Anthropological Report

July - December 2012 Part 2: Preliminary Anthropolgical Report

The research will be conducted in stages by highly experienced and well-regarded experts in their fields as described below. Stage 1 - Historical Report and Preliminary ‘Apical Ancestor’ and Geneaological Report The Historical Report aims to supplement and provide context to any future anthropological research in relation to questions of society, connection to country and continuity of adherence to law and custom related to any potential native title determination applications.The Historical Report for the SERRP will be researched and authored by experienced and well-respected historian Dr Fiona Skyring with the assistance of QSNTS in-house researchers. Dr Kevin Mayo will undertake archival research to prepare a preliminary report focusing on the life histories and ‘tribal’ affiliations of a number of apical ancestors with asserted links to the Southeast Queensland region. This report aims to provide a basis for the preparation of preliminary geneaologies.Stage 2 - Preliminary Anthropological Report (Part 1 & 2) Part 1 of the Anthropological Report will provide QSNTS with a preliminary description of the society or societies in the Southeast Queensland region at the time of sovereignty and how these circumstances inform present-day rights and interests in relation to the broader region. The Anthropological Report will be researched and authored by senior consultant anthropologist Dr Anthony Redmond with the assistance of QSNTS in-house researchers. The focus of Part 2 of the Anthropological Report will be dependent on the results and recommendations made by Dr Redmond in Part 1 of the report. That will be a separate or independent and detailed ‘connection report’ for the particular area or people.

How will confidentiality be protected?All information that is not publicly available and which is collected during the course of the SERRP will be held in strict confidence by QSNTS and will not be shared with any person or body without consent of the person or groups to whom that information specifically relates.

How can my family and I be involved in the research?There are a number of ways you and your family can be involved in the SERRP.

Firstly, you can assist by collating any photographs and family history documents which may be useful to the researchers. These documents can be scanned or digitally photographed and, with your permission, retained confidentially on QSNTS database to assist in the research process.

Secondly, because the SERRP will take place over a two year period, QSNTS is particularly concerned with preserving primary evidence from senior elders in the form of witness statements in order to record their cultural and historical knowledge for use in any prospective native title claim.

Preservation evidence can include information about traditions, laws, customs, language, family history and places of cultural significance.

If you have a family member who is a senior elder and you believe they should provide a witness statement in advance of the completion of the SERRP, please contact QSNTS to discuss arrangements.

As the SERRP progresses, QSNTS will be holding information sessions with the various groups identified. The information sessions will be widely notified by QSNTS well in advance, including in relevant newspapers. All research related enquiries in relation to the SERRP can be directed to research officers Sue O’Brien or Tony Eales on freecall 1800 663 693.

We appreciate your assistance in making this research project a success.


Queensland South Native Title ServicesQueensland South Native Title Services (QSNTS) is the Native Title Service Provider for the southern half of Queensland. We aim to assist traditional owners in realising their aspirations to native title. To achieve this, our primary service is statutory assistance. We also seek capacity development opportunities and promote reform of the native title system.

QSNTS is a company limited by guarantee, funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Under s203FE of the Native Title Act 1993 (Cth), our role is to carry out the functions of a native title representative body as prescribed in the Native Title Act. That includes:Facilitation and assistance (s203BB) - Directly representing native title holders and claimants in native title related proceedings.Certification (s203BE) - Assisting with the certification and registration process of native title applications and Indigenous Land Use Agreements (ILUAs).Dispute resolution (s203BF) - Trying to resolve disputes between various native title holders and claimants, including facilitating agreements between these persons.Notification (s203BG) - Ensuring that notices made under the Native Title Act are brought to the attention of relevant native title holders and claimants.Agreement making (s203BH) - Being a party to Indigenous Land Use Agreements.Internal review (s203BI) - Reviewing decisions made as a native title service provider and addressing all feedback through an internal process.Other functions (s203BJ) - A range of miscellaneous functions including making agreements with neighbouring native title representative bodies to deal with overlapping claims, identifying potential native title holders, and promoting an understanding of the Native Title Act amongst clients.

At QSNTS, we are committed to the realisation of traditional owners’ aspirations to land and waters through the provision of culturally appropriate native title services that are professional, accountable, collaborative and openly communicated.

QSNTS RepresentationThe QSNTS team involved in the SERRP comprises of:• Sue O’Brien, Research Officer• Tony Eales, Research Officer;• Craig Reiach, Legal Officer;• Geoff Doring, Legal Officer;• Allan Timms, Community Relations Officer. The project is overseen by Principal Legal Officer Shahzad Rind. We can be contacted by toll free number 1800 663 693 or by email at [email protected].

Understanding Native Title Research

“By lodging an application for a determination of native title, a native title claim group commences a legal proceeding. It accepts the onus to present evidence sufficient to establish connection to traditional land and sea country under the native title claim group’s system of traditional law and custom... For the State to participate in mediation of the native title rights and interests, it needs to have evidence and argument to support the native title claim group’s application. The State receives this body of evidence and argument through a connection report.” - Excerpt from the Guide to Compiling a Connection Report for Native Title Claims in Queensland (October 2003), Queensland Department of Natural Resources and Mines.

anthropology - the study of societies and cultures and their development.apical ancestor - the common ancestor from which a family lineage or clan may trace its descent. For native title purposes, it must be established that this ancestor was a member of the original traditional society united in the acknowledgement and observance of a body of laws and customs at the time of first European contact.connection - a term used in the native title process to describe the ongoing relationship traditional owners have to the land and waters within the claim area. Connection to lands and waters can be physical and/or spiritual. While it is not imperative, the courts have acknowledged that the best case is made when physical connection can be shown to be continuous. Physical connection may comprise: residing in the claim area, working in the claim area or regularly visiting the claim area. Spiritual connection includes: stories/Dreamings, conception, birth and burial sites and practices or structuring behaviour. geneaology - the study of families and the tracing of their lineage and history.sovereignty - in the native title process, evidence about the claim group at time of sovereignty is used to establish a claim group’s connection and traditional laws and customs. British sovereignty was declared over eastern Australia (including Queensland) on 26 January 1788. For the purpose of native title mediation, the State is willing to accept the first documented contact between Aboriginal people and Europeans as the primary reference point from which an inference might then be made back to the time of sovereignty.

To learn more about native title and the work of QSNTS, contact us to order a free QSNTS Native Title Handbook.

southeast queensland regional research project (serrp) factsheet final.pdf · the southeast...

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