November 2004
Monash University is helping to investigate ways to address the need for more native title lawyers in Australia.
Researchers from Monash and two other universities are seeking strategies to recruit more native title lawyers, whose ranks are thin because of harsh working conditions, inadequate training and poor pay.
Monash Law faculty senior lecturer Ms Melissa Castan and research fellow Mr Richard Potok are investigating native title law and practice under the auspices of Monash's Castan Centre for Human Rights Law, with help from the University of New South Wales and the Australian National University.
The study is evaluating the training and professional development needs of lawyers working in Native Title Representative Bodies, which are the principal providers of legal and administrative services to native title claimants, and related organisations.
The researchers' interviews with lawyers from across Australia have confirmed there are difficulties in recruiting and retaining native title lawyers. The research also indicates these lawyers must deal with the competing demands associated with new cultural and legal systems as well as operating in remote and isolated locations.
Ms Castan said the project provided a fascinating perspective on a relatively new area of law.
"More than a decade after the High Court's landmark Mabo decision, which marked a crucial step in redressing the inequities in Australia in relation to Aboriginal and Torres Strait Islander communities, native title law continues to be a stimulating and very complex area of practice. Many young lawyers are keen to explore the personal and professional opportunities available in this area," she said.
"Native Title Representative Bodies, which hire native title lawyers, are faced with financial constraints and limited training in the area.
"This research will be used to develop constructive strategies for facilitating native title work with the hope of increasing opportunities for Aboriginal and Torres Strait Islander communities."
Robyn Anns
Contact:
melissa.castan@law.monash.edu.au
Ph: +61 3 9905 3327 | 
