Where a traditional decision-making process under s 251B(a) has broken down and is unable to sustain the claim group's decision-making needs in relation to a native title application, the alternative process under s 251B(b) is available even though the original authorisation was conferred under the traditional process. Section 251B(b) does not require that all members of the claim group participate in or agree to the decision; it is sufficient that members are given every reasonable opportunity to participate. The question whether a decision under s 251B(b) is valid if made in the face of actual dissent was left open.
The full text is available to signed-in members.