Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Community Report | Toni Bauman, David Parsons, Ophelia Rubinich, Dr Christiane Keller | 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. |
AIATSIS, Community development, Data sovereignty, Indigenous knowledge, Native title materials, Research | Report | |
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting | Toni Bauman, David Parsons | 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. |
AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research | Report | |
Anthropology and connection reports in native title claim applications | Dr Julie Finlayson | This paper discusses the purposes and form of the reports, their differentiation from the NNTT registration process, considerations anticipating litigation, confidentiality and potential conflicts of interest by the State as respondent. |
AIATSIS, Dispute management, Government, Indigenous knowledge, Legal | Article / paper | |
Barni-Wardimantha Awara (Don’t Spoil the Country) – Yanyuwa Sea Country Plan | Dr John Bradley, Yanyuwa Families | The Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. |
Land and sea management, Land and water, Land rights, Water rights | Report | |
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 | |
Data sovereignty policy brief | AbSec NSW Child, Family and Community Peak Aboriginal Corporation | This policy statement provides brief information for Indigenous Data Sovereignty (IDS), which refers to the right of Indigenous peoples to exercise authority over the collection, access, analysis and use of data that pertains to them. |
Data sovereignty, Indigenous knowledge | Policy statement | |
Gugu Badhun: People of the Valley of Lagoons | Yvonne Cadet-James, Robert Andrew James, Sue McGinty, Russell McGregor | 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. |
AIATSIS, Collaboration, Heritage, Indigenous knowledge, Land and water | Book | |
Guidelines for ethical research in Australian Indigenous studies | AIATSIS | This revised comprehensive review of AIATSIS sets the highest standards of ethics and support for human rights in Aboriginal and Torres Strait Islander research. While the principles in the 2012 edition are largely retained, they have been reorganised into a new framework and augmented to reflect emerging standards and developments. |
AIATSIS, Capacity building, Data sovereignty, Ethics, Research | Guide | |
Indigenous data sovereignty | Australian Indigenous Governance Institute | This briefing paper provides general information on the 2018 Indigenous Data Sovereignty Summit is a collaboration between the Maiam nayri Wingara Indigenous Data Sovereignty Network and the Australian Indigenous Governance Institute. |
Data sovereignty, Indigenous knowledge | Article / paper | |
Information for PBCs on changes to native title laws and obligations | CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting | Fact sheet | |||
International laws and developments relating to Indigenous knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. |
Environment, Heritage, Human rights, Indigenous knowledge, Legal | Article / paper | |
Kooyang Sea Country Plan | Members of the Framlingham Aboriginal Trust and Winda Mara Aboriginal Corporation | This Sea Country Plan is an important step in re-asserting our responsibilities for the management and protection of the natural resources of our country. |
Heritage, Land and sea management, Land and water, Land rights | Report | |
Kurtijar Land and Saltwater Country Plan | Kurtijar People, Carpentaria Land Council Aboriginal Corporation | The Kurtijar Land and Saltwater Country Plan is a strategic document that provides a framework for our people and our partners to work together to care for all the natural and cultural values of our country, while providing a sustainable livelihood for our community and others with rights and interests in our land and saltwater country. |
Land and sea management, Land and water, Land rights | Report | |
Legal context for PBC decision making | Aurora | Information sheet about decision-making for PBCs. |
Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
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 | |
Legal protection of Indigenous Knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge. |
Indigenous knowledge, Indigenous law, Legal | Article / paper | |
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 and commercial fisheries: the Torres Strait sea claim | Gabrielle Lauder, Lisa Strelein | For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially. |
AUSTLII, Fishing, Native Title Act, Water rights | Article / paper | |
Native Title and Tax: Understanding the Issues | Miranda Stewart | Outlines the treatment of income tax under native title agreements |
AUSTLII, Native Title Act, Tax | Article / paper | |
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 |