What to discuss at the first meeting
Explain whether the enquiry concerns native title, an agreement or access to an Aboriginal legal service for another matter. These are distinct needs and may require different providers.
Do not assume that every Aboriginal legal service undertakes native title work or that a general practitioner can act for a group.
Working with a firm in South West
Bunbury, Busselton and Margaret River are separate starting points in the South West. For land or business work, explain whether the issue concerns ownership, a proposed transaction, a lease or an existing dispute.
For native title & aboriginal legal services, ask which parts of the work the firm handles itself and whether it has relevant WA experience. Let the lawyer know if a property, employer, other party or existing proceeding is outside South West. Your home address alone does not determine the applicable process.
How the engagement may progress
Keep the complete notice, reasons and review information. Record when and how the decision was received.
Ask whether internal review, a tribunal, complaint or court process is available. The Administrative Review Tribunal reviews specified Commonwealth decisions, not every government matter.
Identify evidence relevant to the disputed findings and ask how the agency file can be obtained. Clarify the result the reviewer can provide.
Fees and the scope of work
Clarify charges for advice, submissions, appearances and reports. Ask about legal aid or specialist assistance where appropriate.
Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.
Dates to raise at first contact
Give the decision and receipt dates immediately. A general complaint may not preserve an opportunity to seek formal review.
Questions to ask a native title & aboriginal legal services adviser
- Which service has the right expertise and role?