I, ROBERT McCLELLAND, Attorney-General, make these Guidelines under subsection 213A (5) of the Native Title Act 1993.

Dated 4 October 2011

ROBERT McCLELLAND

Attorney-General

1 Name of Guidelines

  These Guidelines are the Native Title (Provision of Financial Assistance) Amendment Guidelines  2011 (No. 1).

2 Commencement

  These Guidelines commence on the day after they are registered.

3 Amendment of Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993

  Schedule 1 amends the Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993.

Schedule 1 Amendments

(section 3)

[1] Title

substitute

Native Title (Provision of Financial Assistance) Guidelines 2006

[2] Item 54

substitute

54  The provision of assistance in respect of a solicitor’s fees may only be authorised for reasonable costs, which are to be determined as follows:

 (a) by reference to the document titled the Assessment of Costs in Native Title Matters, published by the Department in September 2011, at the hourly rate of $290 (including GST) for a solicitor, worked out on a pro-rata basis to the nearest minute;

 (b) without any uplift for care, skill and responsibility;

 (c) at a maximum rate of $27.50 per hour for administrative staff;

 (d) at a maximum rate of $66 per hour for a paralegal or articled clerk who is not a legal practitioner.

[3] Item 85

substitute

85  Before payment of a legal practitioner’s invoice will be made, the legal practitioner must submit sufficient information for an assessment to be made as to the reasonableness of the fees.  If an invoice does not provide sufficient information for the assessment to be made, the Department will return it to the legal practitioner unassessed.

[4] After item 85

insert

85A  Invoices under a grant providing assistance must be submitted for each grant period. Invoice periods must not overlap across consecutive grants.  Invoices must be submitted no later than 30 days after the grant expires.  Thirty days after the grant expires, the remaining funds will no longer be available.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.