This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia.

Indigenous Australians have been able to negotiate benefits for their communities, including in relation to employment opportunities and heritage protection.

[5] The objectives of the Commissioner were to provide and promote a human rights perspective on native title; to assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use.

[6] Changes brought about by the Human Rights Legislation Amendment Act 2017 removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016; however, the Commissioner continues to produce reports at the culmination of key projects.

[9] The Wik decision held that Native Title could co-exist with pastoral leases and were not necessarily extinguished.

[18] The ten points in the "10-Point Plan" were: ANTaR (Australians for Native Title and Reconciliation) helped to coordinate a response to the amendments; native title rights became the focus of a national campaign by ANTaR in 1997–8, with a central project called the Sea of Hands.

Additionally, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that the amendments might breach Australia's obligation under the Convention on the Elimination of Racial Discrimination (CERD) as they appeared to significantly "extinguish or impair the exercise of indigenous title rights and interests".

[20][21] The final legislation was amended to gain the support of Independent Senator Brian Harradine, whose vote was required for the bill to pass.