Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Native Title Respondent Funding Scheme

The Native Title Respondent Funding Scheme provides financial assistance to native title respondents under section 213A of the Native Title Act 1993. This scheme does not provide assistance for native title claimants. Further information about the kinds of assistance available for native title claimants is available from the Department of Families, Housing, Community Services and Indigenous Affairs website.

Applications for assistance under this scheme submitted on or after 8 October 2011 are assessed under the Guidelines:

The amount of financial assistance payable for solicitor fees under the Native Title Respondent Funding Scheme will no longer automatically reflect the Federal Court Rules’ rates. Instead, financial assistance will be payable at a flat hourly rate of $290 (inclusive of GST) calculated to the nearest minute for all legal fees incurred in the Federal Court. The new rate will apply to any application submitted on or after 8 October 2011. See the Guidelines and the Assessment of Costs (September 2011) document for more information.

For grants approved before 8 October 2011, the amount of financial assistance payable for solicitors’ fees will be set out in each grant approval letter, and will apply until the grant expires. The previous version of the Guidelines and Assessment of Costs document will apply to these grants.

For applications received before 8 October 2011, the amount of financial assistance payable will be based on the Federal Court Scale of Costs that applied before 1 August 2011: 90% of Item 31 ($273.60 per hour, GST inclusive), or 100% of the items under that scale.

Review of Native Title Respondent Funding Scheme

From 1 July 2012, the existing 26 statutory and non-statutory financial assistance schemes administered by this Department will be consolidated into one scheme where financial assistance will be payable for the cost of disbursements in a wide variety of legal matters. Financial assistance for legal representation costs will only be payable in exceptional circumstances.

The Native Title Respondent Funding Scheme (including funding for native title officers) will be affected by these changes.

The Department will develop a revised interest test to determine eligibility for respondent funding in native title matters. Current funding arrangements for native title officers will also be reviewed.

The Department has engaged an independent consultant to review native title respondent and native title officer funding. See the terms of reference for more information:

For more information on the review, see our frequently asked questions document:

The public consultation process ended on 14 October 2011. Submissions are available from the Submissions to the Review of the Native Title Respondent Funding Scheme page.

The independent consultant is currently preparing a report, which will be informed by the various stakeholder meetings and written public submissions. Once finalised, the report will be presented to the Department and will inform the development of specific parameters of the new scheme, as it relates to native title respondent funding and other matters.

Lodging an application

If you have not previously received a grant of assistance about your current matter, please use the original application form:

If you have previously received a grant of assistance about your current matter, please use the continuing application form:

All applications for assistance should be sent to finass@ag.gov.au. If you are unable to submit an application by email, please telephone the Financial Assistance Section on (02) 6141 4770.

Assessment of invoices

The Attorney-General’s Department is to be invoiced directly by email to finass@ag.gov.au. If your invoice is incomplete, it will be returned to you unassessed and no payment will be made.

For any application submitted on or after 8 October 2011, solicitor fees are determined according to:

  • the scheme’s current Guidelines (effective from 8 October 2011),
  • the terms and conditions of the grant, and
  • the current Assessment of Costs in Native Title Matters (September 2011) document:

Time limit for invoicing

Invoices must be submitted at least three months apart, unless your costs exceed $1,000.

Final invoices for a grant must be submitted within 30 days of the grant expiry date. You will not be able to access any remaining funds after your grant has expired.

If you are unable to submit your final invoice on time, you must notify the Department at least 30 days before your grant is due to expire. The Department may give you a single 14 day extension for submission of your final invoices.