Mr. Zempilas questions the WA Premier regarding the Department of the Premier and Cabinet's (DPC) refusal to disclose the financial impact of native title liabilities, citing existing settlements exceeding $742 million. The DPC's response attributes this to uncertainties in identifying liabilities and assessing compensation, and the inappropriateness of disclosing estimates during negotiations.

AnsweredQoN 2232Legislative Assembly
Asked
5 May 2026
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I refer to the Department of the Premier and Cabinet's annual report 2024-25 and note the Government currently faces 26 claimant applications and 146 Native Title determinations, yet the report refuses to disclose an estimate of the financial impact and ask:(a) On what grounds does DPC claim that disclosing a financial estimate of the current state native title liability would ‘seriously prejudice’ the State;(b) Given that administered non-current liabilities for existing settlements already exceed $742 million, can the Premier confirm that the largest potential liability is still unknown;(c) Will the Government commit to a timeline for when these unknown liabilities will finally be quantified and provided to the taxpayers of Western Australia;(d) Does DPC currently maintain a Native Title Compensation Register for the state. If not, does any other State agency maintain such a register; and(e) Has the Government considered developing a Native Title Compensation Register to accurately model the State's native title compensation liability? If not, why not?
I refer to the Department of the Premier and Cabinet's annual report 2024-25 and note the Government currently faces 26 claimant applications and 146 Native Title determinations, yet the report refuses to disclose an estimate of the financial impact and ask:
(a) On what grounds does DPC claim that disclosing a financial estimate of the current state native title liability would ‘seriously prejudice’ the State;
(b) Given that administered non-current liabilities for existing settlements already exceed $742 million, can the Premier confirm that the largest potential liability is still unknown;
(c) Will the Government commit to a timeline for when these unknown liabilities will finally be quantified and provided to the taxpayers of Western Australia;
(d) Does DPC currently maintain a Native Title Compensation Register for the state. If not, does any other State agency maintain such a register; and
(e) Has the Government considered developing a Native Title Compensation Register to accurately model the State's native title compensation liability? If not, why not?

AnswerView source ↗

Answered
9 June 2026
Responded by
Hon Roger Cook
Response time
9 days
(a – b) Due to the uncertainties associated with identifying acts that give rise to a compensation liability and the legal principles for assessing compensation, it is not possible to confirm the extent of the State's potential liability. Where a negotiation is occurring, it is not appropriate to provide estimated values.
(c) No, for the reasons above.
(d – e) No. No other State agency maintains such a register.

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