Systemic Innovation in Native Title

This paper explores the implications which flow from the fact that native title institutions comprise a complex system, or meta-system, and examines the extent and value of innovation within the native title system. It looks backwards to identify and assess a number of key innovations since the Mabo High Court decision, which had whole of system implications. It then looks forward to identify and consider potential future systemic innovations within the native title system. The paper concludes by suggesting that the quality of innovation in the native title system will have a significant impact on the nature and form of the national process of reaching an equitable settlement between mainstream and Indigenous interests in Australia.