Country, Culture, People, Future

Reviews, Complaints and Feedback

Review and Complaints

There are [3] ways in which someone might want a review of a decision:

An explanation of what you need to do for each is outlined below.

(a) Complaint about an individual staff member

Complaints made against a YMAC staff member’s general conduct are dealt with by that officer’s line manager according to YMAC’s policies and procedures 3.10.2

You can find out who to talk to by contacting your local office.

(b) Complaint about decisions made relating to matters arising from YMAC’s Rule Book

This refers to the rule setting out the steps which must be taken to try to resolve any disagreement or dispute about the affairs of the Corporation or how the Act or the Corporation’s constitution applies, which arises between:

(a) members,

(b) members and directors,

(c) directors or,

(d) applicants for membership.

More information can be found in YMAC’s Rule Book here. Copies of the Rule Book are also available in YMAC offices.

 (c) Internal Review of YMAC NTRB functions

Under section 203BI of the Native Title Act 1993 (NTA) YMAC has an Internal Review function. People who are affected by a decision or action taken by YMAC in relation to its NTA functions and are not satisfied with that decision or action, can request an Internal Review.

To initiate an Internal Review, you have 28 days from being notified of a decision to do the following-

After a review decision has been made, the person who requested the review decision will be provided with a statement of reasons for the decision in writing, within 3 months of your request.

More information can be found in YMAC’s Policy and Procedures 3.10.1

External Review of YMAC NTRB functions

If you are not satisfied with the outcome of the Internal Review you have a right under s203FB of the Native Title Act 1993 (NTA) to seek an External Review via two [2] options:

(i) 203FB of NTA

The NTA makes provisions for a particular person at the National Indigenous Australians Agency (NIAA) to review a decision of a Native Title Representative Body (NTRB). The rules and legislation can be found in the NTA Part 11, Division 7, 203FBA External Review.

To you refer your case to the NIAA, contact one of the following offices:

Geraldton

PO Box 146,

Geraldton WA 6531

T 1800 079 098

F (08) 9964 5646

Hedland

PO Box 2628,

South Hedland WA 6722

T 1800 079 098

F (08) 9140 1277

Perth

PO Box 9932,

Lvl 17,197 St Georges Tce,

Perth WA 6848

T 1800 079 098

F (08) 9225 4633

 

(ii)   Administrative Decisions (Judicial Review) Act 1975 (Cth)

As a different way to review an NTRB’s decisions, the Administrative Decisions (Judicial Review) Act (ADJR Act) provides a process that may apply.

This is a complex area of law with relatively short time frames that apply. It is important to consider obtaining independent legal advice if you want to consider this option.

The grounds for review of a decision under the ADJR Act include:

Some external resources to consider for understanding the issue include:

https://www.federalcourt.gov.au/law-and-practice/national-practice-areas/aclhr

https://lawaccess.org.au/resource-category/people-seeking-legal-help/

 

Feedback

If you would like to provide constructive feedback on YMAC activities, events or staff, please feel free to contact us.