Native Title (Assistance from Attorney-General) Guideline 2012 [F2012L02564]-New and Concluded Matters [2013] AUSStaCSDLM 64 (28 February 2013)

• Native Title (Assistance from Attorney-General) Guideline 2012 [F2012L02564]
• Unclear term

---

Native Title (Assistance from Attorney-General) Guideline 2012 [F2012L02564]

Purpose	To be applied in authorising the provision of assistance under section 213A of the Native Title Act 1993
Last day to disallow	15 May 2013
Authorising legislation	Native Title Act 1993
Department	Attorney-General's

ISSUE:

Unclear term

The guideline sets out how the Attorney-General is to make decisions about providing financial assistance to native title claimants. Section 4.2 of the guideline provides that a decision maker must not authorise the provision of financial assistance for costs incurred before a complete application for assistance has been received unless there are 'exceptional circumstances'. However, there is no guidance or examples as to what might constitute exceptional circumstances, and the committee considers that this could be a potentially uncertain criteria. The committee will therefore seek further information from the Attorney-General.