Reference: 2024/002
2 September2024
Mamoo Jungala
by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mamoo Jungala
Request under the Freedom of Information Act 1982 (Cth)
I refer to your emails dated 16 June, 12 July and 13 August 2024 sent to the National Native
Title Tribunal (‘NNTT’) requesting documents under the
Freedom of Information Act 1982 (Cth)
(‘FOI Act’).
Authorised decision maker
I am authorised under s 23 of the FOI Act to make decisions on behalf of the NNTT in relation
to your request.
Scope of request
In your email dated 16 June 2024, you sought:
all documents pertaining to & generated from the Peramangk Kaurna bilateral meeting
held 5th May 2001 at Nunkenwarrin Yunti Adelaide
In your email dated 12 July 2024, you clarified the scope as follows:
Any documents would relate to actions prior to the SC2000/001 being formally lodged; &
such documents/records would have been generated through/by the NNTT Case
Management Officer who attended & gave oral presentations at that meeting
In your email dated 13 August 2024, you referred to the document titled ‘Summary of Kaurna
Bi-Lateral Meetings’ and sought:
the whole of [the document titled ‘Summary of Kaurna Bi-Lateral Meetings’]
- thereby
allowing context to the single paragraph. This stil meets my FOI request parameters
Level 5, Roma Mitchel Commonwealth Law Courts, 3 Angas Street, ADELAIDE SA 5000 | GPO Box 1350, ADELAIDE SA 5001
Emai
l xxxxxxxxx@xxxx.xxx.xx | Telepho ne +61 7 3052 404
0 | www.nntt.gov.au
As such, I have interpreted the scope of your request to be for al documents pertaining to the
bilateral meeting between the Kaurna and Peramangk People in May 2001 (‘Kaurna Peramangk
Bilateral Meeting’), including al documents generated by the NNTT Officer who attended the
Kaurna Peramangk Bilateral Meeting and all material in the document titled ‘Summary of
Kaurna Bi-Lateral Meetings’ that relates to that meeting.
I note that on 12 July 2024 you provided consent under s 15AA for an extension of time in which
to respond to your request. On 13 August 2024 this timeframe was further extended under
s 15(6) of the FOI Act to allow for consultation with a third party (Kaurna Yerta Aboriginal
Corporation RNTBC).
Decision
As a result of the searches set out below, four documents have been identified as falling or
partially falling within the scope of your request, being documents titled:
1. Rules for meeting with other native title claimants
2. National Native Title Tribunal Assistance Filenote (part containing handwritten note)
3. Peramangk-Kaurna Bi-Lateral Meeting Agenda
4. Summary of Kaurna Bilateral meetings (part relating to the Kaurna Peramangk Meeting)
Document 1 was provided to you on 7 August 2024. I have decided to release document 3,
redacted in accordance with s 22 of the FOI Act to remove personal information. I have also
decided to release al of the information contained within Documents 2 and 4 that is within the
scope of your request. This information is set out below:
2. National Native Title Tribunal Assistance Filenote (handwritten note):
The meeting was the first opportunity for the ALRM to find out who the people are
that identify as Peramangk. Although no agreement was reached with Kaurna both
groups expressed a strong desire to meet again in the future to try to resolve those
areas of common interest
4. Summary of Kaurna Bilateral meetings (part relating to the Kaurna Peramangk Bilateral
Meeting):
Bilateral Meetings
The Tribunal was invited as an independent body to chair the … bilateral meetings.
The purpose of the meetings was to attempt to resolve areas of common interest and
Page | 2
avoid a situation where neighbouring groups lodge future native title applications
that overlap with Kaurna.
Kaurna and Peramangk meeting 4th May 2001
Although no agreement was reached there was a strong commitment on both sides
to meet again at a future date to discuss areas of common interest. Importantly, the
meeting served as an opportunity for Kaurna and Peramangk people to become re-
acquainted.
Searches
Searches were undertaken by staff of the NNTT to identify any documents fal ing within the
scope of your request. These searches included of the NNTT’s electronic document, records
management and information systems and searches of hard copy materials that were retrieved
from archives. These included searches related to ‘Assistance records’ and records relating to
the Kaurna Native Title Claim (NNTT reference SC2000/001).
As a result of these searches, the four documents set out above were identified as fal ing within
the scope of your request.
I am not aware of any other steps that could reasonably be taken to identify documents within
the scope of your request. I am satisfied that al reasonable steps have been taken to locate
any and al documents within the scope of your request, having regard to the matters contained
in para 3.89 of the guidelines issued by the Australian Information Commissioner under s 93A
of the FOI Act (‘Guidelines’).
Charges
You have not been charged for the processing of this request.
Your Review Rights
If you are dissatisfied with my decision you may apply for internal review or to the Information
Commissioner for review of the decision. You are encouraged to seek internal review as a first
step.
1. Internal review
Under s 54 of the FOI Act, you may apply in writing for an internal review of my decision.
The internal review application must be made within 30 days of the date of this letter.
Page | 3
Where possible, attach reasons why you consider a review is necessary. Any internal review
will be carried out by another officer within 30 days of receipt of any request for review.
Application for a review of the decision should be addressed to:
The FOI Officer
National Native Title Tribunal
PO Box 12440
BRISBANE QLD 4003
by e
mail: xxxxxxxxxxxxx@xxxx.xxx.xx
2. Information Commissioner review
Under s 54L of the FOI Act you may apply to the Australian Information Commissioner to
review the decision. An application under this section must be made in writing within 60
days of the date of this letter using the online form available at
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-reviews/information-commissioner-review
If you have any queries, please contact me on the details below.
Yours faithfully
Michael Raine
Manager – Legal & Compliance
Email
: privacyand xxx@xxxx.xxx.xx
Page | 4
Document Outline
