MasterCraft Series - We need to talk about legal pluralism in public policy

Date

29 Oct 2026

Duration

One 1-hour face-to-screen session. 1:00PM - 2:00PM (AEST)

Event type

Events

Location

Australia wide (Virtual)

Max Capacity

150 seats

Australia has more than one system of law – but most people don’t understand what that means. Key legal judgments have recognised that laws operated in Australia when the British arrived and brought their laws – and that those Indigenous legal systems continue; for example, native title rights and interests (Mabo’s case) and identity and citizenship (Love Thoms) are rights based in Indigenous law. To compare, a right to self-government has been recognised under common law in Canada, which co-exists with, but is distinct from federal, state or local governments. So, how can federalism operate with a fourth order of government? How do we recognise and operationalise legal pluralism in public policy? Does the Closing the Gap framework reflect an implied Indigenous autonomy or self-government?

This MasterCraft Series discussion* will invoke the expertise of Kevin Smith (President, National Native Title Tribunal) and Lisa Strelein (legal practitioner, Chalk & Behrendt), and will be chaired by Rachel Bacon (until recently Deputy Australian Public Service Commissioner). This panel conversation draws on the keynote addresses of Joshua Creamer (barrister) and Debra Mortimer (Chief Justice, Federal Court) at the 2026 AIATSIS Summit. https://aiatsis.gov.au/whats-new/events/aiatsis-summit-2026. This forum emerges from the partnership between the APS Academy and AIATSIS to enhance cultural competency across the APS and boost craft capabilities to engage with Aboriginal and Torres Strait Islander peoples, communities and organisation.

*Please note this event will be recorded. You can view this video and other MasterCraft Series events here.

Presenters

Kevin Smith, National Native Title Tribunal

Kevin Smith is the President of the National Native Title Tribunal. Kevin has traditional connections to Ugar and Erub in the Torres Strait. Kevin holds a law degree from the University of Queensland and was admitted as a solicitor in Queensland in 1994. Kevin has held a number of senior executive positions with Aboriginal and Torres Strait Islander organisations, and was the CEO of Queensland South Native Title Services.

Lisa Strelein, Chalk & Behrendt

Lisa Strelein joined Chalk & Behrendt lawyers in 2023 after working at the Australian Institute of Aboriginal and Torres Strait Islander Studies for two decades, including as the Executive Director of Research and Education. Lisa holds degrees in Law and Commerce from Murdoch University and a PhD in Law from the ANU. Lisa has published extensively on native title issues since the Mabo decision in 1993. And Lisa was awarded a Commonwealth Public Service Medal in 2020.

Facilitator

Dr Rachel Bacon

Participant benefits

Participants will gain a better understanding of the interactions between pre-existing Indigenous laws and subsequent laws.
Build greater awareness of the context for the Closing the Gap agreement and First Nations public policy issues.
Enhance cultural competencies and policy capabilities by hearing from experts outside of government.

Suitable for

All Staff.

Category and User level

This learning experience aligns with the Working in Government Craft at the Foundation level.

Price

Free of Charge.

Additional Information

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Attendance (Virtual)

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If the session is full or none of the additional sessions are suitable, you can express your interest, through APSLearn, for this event. You will be added to a mailing list to be notified when a new session becomes available.