Resources and publications

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.

Overview of the rights and responsibilities for members in Indigenous corporations registered under the CATSI Act.

Checklist to help prepare for large community meetings.

This information sheet provides brief information about materials relating to native title compensation research.

This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA).

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.

This guidebook provides information on how to select independent directors for the Aboriginal boardroom. 

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 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.

ORIC newsletter about making decisions. 

This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. 

Guide for running general meetings for corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Outline of the rights of members of Indigenous corporations.

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.

The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title.

The Handbooks provide information about:

• Native title legislation and case law
• Federal, state and territory governments' native title policies and procedures
• Native title representative bodies, registered native title bodies corporate, government agencies and other organisations involved in native title
• Native title applications and determinations
• Indigenous land use agreements, future acts and other native title related agreements
• Land rights legislation
• Indigenous Land Corporation acquisitions, Indigenous land management and Indigenous protected areas
• Indigenous population profiles.

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.

ORIC newsletter about the separation of roles in a corporation.

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.