5A.1Making a decision on an application

5A.1 Making a decision on an application

(1) A decision maker must decide whether or not to authorise the provision of assistance in relation to a complete application. (2) In deciding whether to authorise the provision of assistance, the decision maker must have regard to the following matters: (a) in relation to respondents for whose benefit assistance is sought by the applicant, the nature of the respondents’ interests and rights, having regard to considerations such as: (i) the sector that the applicant represents; and (ii) the likely benefit to such respondents in participating in a relevant native title proceeding; and (iii) the native title issues that such respondents are likely to face in the relevant native title proceeding; and (iv) whether the interests of such respondents are likely to be adversely affected in a real and significant way if a native title claim is recognised, or whether those interests are capable of being protected under the Act by another party to the relevant native title proceeding, relative to other applications for assistance; (b) if the applicant has received assistance under the Native Title Officer Funding Scheme or other governmental monetary assistance—its record of compliance with any terms and conditions on which that assistance was provided; (c) the applicant’s ability to match the assistance provided by the Commonwealth; (d) whether authorising the provision of assistance represents value for money and is reasonable in all the circumstances; (e) the availability of funds for the year in which the assistance is to be provided. (3) The decision maker must give equal weight to each matter.