Resources and publications

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

In June and July 2014 the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Australian Indigenous Governance Institute (AIGI) conducted a survey into gaps in Indigenous governance research and practical tools. The survey, entitled ‘A short survey: mapping Indigenous governance research and resources’, was distributed across a broad network of organisations, institutions and individuals working in the field of Indigenous governance (including select international organisations) in preparation for the Indigenous Governance Development Forum: Mapping Current and Future Research and Resource Needs, held on 29–30 July 2014 at AIATSIS in Canberra. Thirty-eight survey responses were received.

This document presents a preliminary list of specific research initiatives and practical tools identified through the survey. The list is a working document. It is by no means exhaustive, and the authors would be grateful to hear about other initiatives that should be included.

The following submission was made as part of the technical review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act).

In the submission we have supported further investigation of a dedicated chapter in the CATSI Act for RNTBCs (native title corporations) and our main recommendations include:

• Amendments to the CATSI Act to reduce the regulatory and reporting burden to ensure compliance is affordable and manageable
• Amendments to the CATSI Act that facilitate the incorporation of subsidiary corporations
• Increased special regulatory assistance for CATSI Corporations that promote compliance rather than punitive measures
• Specific tailored RNTBC corporate governance training
• Making the unique situation of native title corporations clear in a separate chapter of legislation
• Amendments to the laws around meetings and directors that better reflect Aboriginal and Torres Strait Islander law and custom
• Providing culturally appropriate training, information support and resourcing is available for native title corporations
• Ensuring that native title corporations are accountable to the wider Aboriginal and Torres Strait Islander group but have enough discretion to manage the corporation

Since 2016, AIATSIS has contributed to a number of reviews of the CATSI Act including the Technical Review of the CATSI Act (2017) and CATSI Review Phase 1 (2020). Throughout this report, the AIATSIS researchers refer to the AIATSIS submissions for both of these reviews.

The following submission is in response to the Closing the Gap Refresh Public Discussion Paper.

In this submission, AIATSIS supports the adoption of a strengths-based approach to the refresh of the COAG Closing the Gap framework. The submission outlines key areas of importance for the refresh. These are  defining 'prosperity' based on Aboriginal and Torres Strait Islander notions of 'wealth' and freedom, adopting broad and sophisticated definitions of culture, and co-designing targets, measures and analysis with Aboriginal and Torres Strait Islander peoples. Further, creating structural changes which are well balanced with community priorities, address blockages, inequalities and inconsistencies in legislation and policy, and ensuring engagement with the Refresh process occurs in a considered and meaningful way.

The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) recommends that the Commonwealth recognise the changing roles of Native Title Representative Bodies and Service Providers (NTRB/SP) and the infrastructure and support they provide to the PBC sector while offering flexible policies and processes that allow for PBC autonomy and local decision-making.

More specifically, this brief responds to the following main points identified in the Terms of Reference (TOR):

1. Better engagement between PBCs and governments
2. More effective, transparent and coordinated funding for PBCs
3. Additional support for PBCs (other than providing direct funding)
4. Options for legislative and institutional role reform to support an effective and accountable native title system

In Australia today there are an estimated 8000 to 9000 Indigenous organisations, many of which are incorporated under Commonwealth, state or territory legislation. Their governance work is often seen by Indigenous people as nation-building: an expression of self-determination and a way of reconceptualising relations with governments and asserting unique cultural traditions.

The effective governance of these organisations is critical to attracting funding, promoting sustainable economic activity and building resilient communities. It is now recognised that Indigenous governance and the governance of governments are intertwined and the latter is receiving greater critical scrutiny.

A growing number of research projects, governance building initiatives and practical resources are providing evidence of what works, what doesn’t and why. But the opportunities to evaluate this evidence, consider strategic priorities and build collaborations are limited.

On 29–30 July 2014, AIATSIS and AIGI convened an Indigenous governance forum in Canberra to provide such an opportunity. In preparation, a survey of Indigenous governance research, practical resources and future needs was widely circulated. This report provides a synthesis of ideas, comments, issues and possibilities identified through the survey and the forum.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

Report of a workshop held on Wednesday 4th June 2014 at the National Native Title Conference, Coffs Harbour, NSW, to map current and future research and resource needs for land and sea management.

Bridging historical scholarship and Aboriginal oral tradition, this innovative book tells the story of the Gugu Badhun people of the Valley of Lagoons in North Queensland. It provides new insights into Aboriginal–European interactions, and new understandings of how Aboriginal people sustained their identities and exercised agency.

It lays bare violence and oppression, but also recognises the inter-racial cooperation and friendships which were equally part of Gugu Badhun experience. It tells of a people whose options were limited by state power and public racism but who remained proud and undaunted, making their own decisions for their collective and individual benefit.

Much of the story is told in the words of Gugu Badhun people themselves. Interviews are interspersed with commentary and analysis by the four authors, one of whom, Yvonne Cadet-James, is herself a Gugu Badhun elder.

This collaborative approach has produced a timely book for an Australia in which notions of Indigenous autonomy and self-determination are being re-imagined and re-configured.

To purchase this book please visit the AIATSIS shop via think link.

This report is based on the workshop, Implementing native title: Indigenous leadership in land and water livelihoods, held at the 2015 National Native Title Conference, 16-18 June, Port Douglas, Queensland. It details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories.

The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches.

AIATSIS completed three case studies in the joint management of conservation and Indigenous Protected Areas (IPAs) in partnership with the Australian Collaboration, the Australian Conservation Foundation (ACF) and the Poola Foundation (Tom Kantor Fund), as part of the AIATSIS 'Success in Aboriginal Organisations' Project.

Within this project, Ms Toni Bauman completed a case study of Nitmiluk (Katherine Gorge) National Park. Mr Dermot Smyth carried out two case studies on the Dhimurru Indigenous Protected Area and the Booderee National Park in the ACT.

On 3 and 4 April 2012, the Northern Territory Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) convened a workshop of state, territory and Commonwealth government staff working in joint management and native title at the Alice Springs Desert Park. The workshop was titled Joint Management of Protected Areas in Australia: Native Title and Other Pathways towards a Community of Practice.

This report captures the workshop where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.

Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests.

The influence of the renowned High Court Mabo case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 per cent of the continent. RNTBCs operate in a profoundly intercultural context where ‘western’ and Indigenous laws are constantly interpreted and negotiated as part of a new suite of landholding and land management practices for contemporary Australia.

Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, Living with native title documents the experiences of RNTBCs, including those that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior to publication.

Living with native title is a product of the AIATSIS research project Prescribed Bodies Corporate: Research Action Partnerships.

This publication is intended for Indigenous communities and organisations, and aimed at promulgating successful management initiatives that could be adopted by other organisations working in similar fields. Indigenous communities can use this handbook as a practical source of ideas and an inspiration for adoption and adaptation.

Information is organised in this handbook as a tour through a typical organisation, starting at the front door and moving through the different areas or rooms. Readers can go directly to their main area of interest, such as the accounts department, read straight through or browse. The plans do not represent any particular organisation. At the end of the book, there are brief snapshots of the participating organisations. There is no ‘one-size-fits-all’ solution to any issue. In fact, many organisations have found different solutions to the same problems. The road to success is always under construction.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector. This snapshot provides an overview of the main findings from this research and identifies key areas where PBCs have adapted their constitutions from the default rules offered by the Office of the Registrar of Indigenous Corporations (ORIC).

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit's (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot provides an overview of the NTRU's analysis of the publicly available financial data submitted to the Office of the Registrar of Indigenous Corporations (ORIC), and examines the financial growth and development of PBCs from the financial year 2010-11 to 2015-16.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot examines the distribution of wealth and growth of PBCs by size between the years 2010-11 and 2015-16 calculated in terms of net totals and growth rates in the areas of income, assets, equity and staff.