2025 Richard Cooper Memorial Lecture

The TC Beirne School of Law invite you to the 2025 Richard Cooper Memorial Lecture. The lecture will be held in person in Brisbane's CBD while simultaneously live-streamed for those out of state.

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Lecture topic: The future of the ‘future acts’ regime – time for a shake-up or more of the same?

The ‘future acts’ regime under the Native Title Act 1993 (Cth) was originally envisaged as a ‘just and practical’ regime to balance future development with rights for native title holders. In the 32 years of its operation, governments, native title parties and proponents have become comfortable with the regime. However, it is no longer fit for purpose, particularly for new clean energy projects, and the limited rights afforded to native title holders are far from the international human rights standard of free, prior and informed consent.

In 2025, the Australian Law Reform Commission (ALRC) is tasked with reviewing the future acts regime and is due to give its final report in December. It has published an issues paper and a discussion paper and has received over 150 submissions. Some radical reforms are canvassed – including the abolition of the expedited procedure, significant amendments to the right to negotiate and the move to an impacts-based future acts model. Many submitters, including native title holders and land councils, have offered qualified support for these proposals.

But there are various tensions at play. At a time when the Federal government is focussed on productivity, will it take up the mantle of reform advocated by many in the native title space?

About the speaker

Sarah McBratney is a lawyer with 20 years’ experience in native title, Aboriginal and Torres Strait Islander cultural heritage and resources law.

Sarah began her career at McCullough Robertson Lawyers, where she spent eight years working on high-profile native title and resources matters. She then took the opportunity to join a client at Origin Energy and gain valuable in-house experience.

Sarah joined Crown Law in 2016 and in 2018 was promoted to Assistant Crown Solicitor for the Native Title and Resources team. At Crown Law, Sarah led a team with carriage of some of the State’s most significant native title claims, including the Cape York United #1 claim. She also advised various State departments on complex native title, cultural heritage and resources law questions and acted for the State in negotiations for Indigenous Land Use Agreements and cultural heritage agreements.

In 2024, Sarah set up her own firm, Jigsaw Legal Pty Ltd, specialising in native title and cultural heritage law. In 2024 Sarah also undertook a short stint as In-House Counsel at the National Native Title Tribunal.

Sarah holds a Bachelor of Arts and a Bachelor of Laws (Hons) from The University of Queensland and a Master of Laws from The University of Melbourne.

Event program

• 5:30-6:00pm: Registration and canapés on arrival (in-person only)
• 6:00-7:00pm [AEST]: Lecture address (online and in-person)
• 7:00-7:30pm: Canapé reception (in-person only)