Applicants for the Marlinyu Ghoorlie native title claim recently made application to the Federal Court to obtain access to the anthropological reports of Kingsley Palmer that were used in the successful court proceedings for the Ngadju native title determination.
Ngadju Native Title Aboriginal Corporation (NNTAC) made submissions to the court opposing this request and the common law holders of Ngadju also said they didn’t want access granted when the common law holders met in Norseman in July of this year.
The Federal Court has now made its decision and I enclose the orders that were made. In summary, the court granted access to two of the three reports because those two reports were put into evidence in the Ngadju proceedings so the Court decided that they weren’t confidential any more. The 2003 report however, His Honour did not grant access to because that report was not put into evidence in the Ngadju proceedings. So at least we had a small win and preserved confidentiality in relation to interviews and stories that were captured in the 2003 report.
Some of the wording in the attached documents is a bit hard to understand so give me a call if you want me to explain anything a bit more.