Checklist · Native Title & First Nations Legal Work

Index of connection material against the factual basis and physical connection conditions

Index that files connection, anthropology and genealogy material against Native Title Act s 190B(5), (6) and (7). It does not summarise the opinion in those reports as a finding.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when connection reports and historical records are being organised for a claim. The lawyer, with the anthropologist, decides whether the factual basis is sufficient. AI files and labels.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list documents, dates and the people named in them. It must not turn an anthropological opinion into a concluded fact.

AI may

  • Enter the title, author, date and file name of each report the lawyer identifies
  • List people and places named in a report, with the page, where the lawyer asks for an index
  • Flag a s 190B(5) limb that has no document against it

AI must not

  • Must not state that the factual basis is sufficient or that a right can prima facie be established
  • Must not write the connection report or a witness statement
  • Must not copy restricted cultural information into a summary that will leave the file

The lawyer checks

  • Each of s 190B(5)(a), (b) and (c) is addressed or marked as a gap
  • Physical connection under s 190B(7) names at least the member the lawyer relies on, or records that the point is still open
  • Any restriction on cultural material is recorded before an index is shared
  • The registration-test table, not this index, is used for the other s 190B and s 190C conditions

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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