Form · Native Title & First Nations Legal Work

PBC native title decision: consultation and consent record and reg 9 certificate checklist

Original record for a prescribed body corporate to document consultation with, and consent of, common law holders before a native title decision, and to assemble the content and execution of the reg 9 certificate.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 4 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when a registered native title body corporate is about to make a native title decision (for example, entering an ILUA or a section 31 agreement, or surrendering native title) or decides to make a compensation application. Not needed for routine corporate decisions that are not native title decisions.

How AI may be used

AI transcription or minute drafting of community meetings may be used only with the meeting's informed consent and never for restricted sessions. The record of consultation and consent must be checked by a person who was present, and the certificate is settled by the lawyer.

AI may

  • Transcribe or draft minutes of open sessions where the meeting consented to recording and AI processing
  • Populate the record's factual fields (dates, notices sent, attendance numbers) from approved documents
  • Check the draft certificate against the reg 9(3) content list

AI must not

  • Must not record, transcribe or summarise restricted or gender-restricted sessions
  • Must not state that consent was given, or describe the decision-making process, beyond what the verified minutes record
  • Must not be used with a tool that stores community recordings offshore or trains on them

The lawyer checks

  • The decision is correctly classified (high level, low level, standing instructions) under reg 3
  • The correct process was followed: traditional (reg 8(3)), agreed or adopted (reg 8(4)), or constitution process for low level decisions (reg 8A)
  • The certificate contains every reg 9(3) item and is executed under CATSI Act s 99-5 or signed by the CEO
  • Consent to any recording and AI use is recorded, and restricted material is excluded

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

Authorities

Read the full text

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