Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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A Way Forward - Final report into the destruction of Indigenous heritage sites at Juukan Gorge | Joint Standing Committee on Northern Australia | This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.
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Caring for Country, Culture, Heritage, Mining | Report | |
AGM Road mapping tool | Norton Rose Fulbright | This AGM roadmap has been updated to reflect the significant rule changes that have recently been made for virtual meetings. It remains a user-friendly tool that can be adapted to your entity’s specific needs. In addition to a clear list of deliverables, the roadmap provides you with a regulatory background for each step and prompts you to take action within automatically-generated deadlines. |
AGM (Annual General Meeting), Meetings | Guide | |
Big meeting checklist | Aurora | Checklist to help prepare for large community meetings. |
AGM (Annual General Meeting), Meetings | Checklist | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Creating Archives | AIATSIS | This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive. Links to other resources and contacts are also contained in the booklet.
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AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law | Information Sheet | |
Guide on AGMs impacted by covid-19 | Governance Institute of Australia | This guidance offers suggestions reflecting the Corporations Act 2001 (Cth) and associated regulation. Companies will need to consider their individual circumstances, including their constitutions and any other relevant matters. |
AGM (Annual General Meeting), Governance, Health | Guide | |
Indigenous Knowledge: Issues for protection and management | Terri Janke, Maiko Sentina | This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. |
Culture, Indigenous knowledge, Indigenous law, Language | Article / paper | |
Joint return of materials presentation | Brooke St James, Amy Usher, Leanne Evans, Royce Evans, Kelly Slattery | After 15 plus years of native title negotiations there was a lot research information held by the Yamatji Marlpa Aboriginal Corporation (YMAC) to be returned to the PBC Robe River Kuruma Aboriginal Corporation (RRKAC). YMAC had developed a best practice process for returning research materials. This presentation highlights this process, the experiences of the PBC and the lessons learned. |
Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Legal issues in transferring research materials from NTRB/SPs to RNTBCs | Angus Frith | Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs. |
Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Managing information in native title: Survey and workshop report | Pamela Faye McGrath, Ludger Dinkler, Alexandra Andriolo | This publication reports on the proceedings of a two-day national workshop on the use and security of cultural and other information accumulated through the native title claims process, which was held at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra on 16–17 March 2015. It provides an overview of the most significant factors affecting the capacity of native title organisations to manage, secure and provide appropriate access to their holdings of native title information. |
Culture, Native title materials | Report | |
Mornington Island Restorative Justice Project report | Queensland Government | The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system. |
Community, Culture, Dispute management, Legal | Report | |
Native Title Anthropology after the Timber Creek Decision | Pamela Faye McGrath | In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. Recommended citation: McGrath, PF 2017, Native Title Anthropology after the Timber Creek Decision, Land, Rights, Laws: Issues of Native Title series, vol. 6, no. 5, AIATSIS Research Publications, Canberra. |
Compensation, Legal, Native Title Act | Article / paper | |
Native Title Information Handbooks - PBC Funding and Training Guide | The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title. The Handbooks provide information about:
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Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | ||
Native Title Report 2012 | Australian Human Rights Commission | Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance. |
Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge | Report | |
Ngarrindjeri Nation Yaruwar-Ruwe Plan | Ngarrindjeri people, South Australia | A key purpose of the plan was to better educate government and nongovernment agencies, researchers and the wider Australian public on Ngarrindjeri connection to Country and their associated rights and obligations to Yarluwar-Ruwe. |
Culture, Land and sea management, Land and water, Land rights, Water rights | Report | |
PBC decision-making, certification and fees for service discussion paper | CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book | Fact sheet | |||
Planning for the future: maximising native title compensation through the use of future funds | Pamela Kaye, Glenys Hayes | A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles. In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different. |
Compensation, Finance, Funding, Trusts | Presentation | |
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests. In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous. In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane. This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Recruiting and supporting Aboriginal and Torres Strait Islander employees: A guide for community legal centres | National Association of Community Legal Centres | To assist community legal centres (CLCs) to meet the cultural safety standards in the National Accreditation Scheme (NAS), the National Association of Community Legal Centres (NACLC) has developed this Guide to assist NACLC and CLCs to improve the attraction, recruitment, support and retention of Aboriginal and Torres Strait Islander employees in the sector. |
Business, Culture, Employment, Training | Guide |