Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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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 | |
Lhere Artepe Policy and Procedure Guide | Lhere Artepe Aboriginal Corporation RNTBC | Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC |
Directors, Dispute management, Meetings, Policies, Reporting | Policy statement | |
Living with native title: the experiences of registered native title corporations | Toni Bauman, Lisa M Strelein, Jessica K Weir | 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. |
Agreements, AIATSIS, Future acts, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, Indigenous law, Joint Management, Native Title Act, NTRB (Native Title Representative Body), Partnerships | Book | |
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 | |
National picture: growth of Prescribed Bodies Corporate | Belinda Burbidge | 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. |
AIATSIS, Finance, Funding, ORIC, PBCs (Prescribed Body / Bodies Corporate) | Report | |
National picture: Small native title corporations – income and costs | Iain G. Johnston, Belinda Burbidge | 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. |
AIATSIS, Finance, ORIC, PBCs (Prescribed Body / Bodies Corporate) | 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 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 2005 | 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. |
Commercial development, Finance, Human rights, Legal, Native Title Act | Report | |
Native Title Report 2006 | 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. |
Agreements, Commercial development, Finance, Funding, Land rights, Mining, Water rights | Report | |
ORACLE - Complaints and how to manage them | Office of the Registrar of Indigenous Corporations | ORIC newsletter about managing complaints |
Dispute management, ORIC | Newsletter | |
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 | |
Prescribed Bodies Corporate: Charging fees for services | Lisa Strelein | An outline of some of the legal issues surrounding PBCs charging fees for service and what PBCs can and cannot charge fees for. |
AIATSIS, AUSTLII, Fee for service | Article / paper | |
Procedure for handling complaints or disputes | Yamatji Marlpa Aboriginal Corporation | This brochure provides a brief guide to the processes for dealing with disputes or complaints by members, clients and the general public. |
Dispute management | Guide | |
Remuneration - a report benchmarking the salaries of Aboriginal and Torres Strait Islander Corporations | Office of the Registrar of Indigenous Corporations | A report detailing information obtained from corporations registered under the CATSI Act on remuneration and other benefits paid to directors, senior managers and other staff. |
Bookkeeping, Commercial development, Finance, Governance, ORIC | Report | |
Report on breakout session: The future of connection material | Grace Koch | This report of the discussion, which considered current practice for the treatment of connection material and other documents collected in the claim process, forms part of the 2005 Native Title Conference. |
AIATSIS, Native title materials, NTRB (Native Title Representative Body) | Report | |
Report on survey of NTRBs (April-May 2005) | Grace Koch | In April-May 2005, the Native Title Research and Access Officer, Ms Grace Koch conducted a survey of NTRBs to find out about current storage practices and plans for the future of documents that have been either collected or generated by the native title process. |
AIATSIS, Native title materials, NTRB (Native Title Representative Body) | Report | |
Report on workshop for NTRBs on databases and access and use issues | Grace Koch | In June 2006, representatives from 13 NTRBs met in Canberra to discuss databases and the needs of their organisations for collection management practices. Through this report, a list of ideal fields of information was drawn up along with some guidelines for access of native title material. Several NTRBs have used the information from this workshop to design their own databases. |
Native title materials, NTRB (Native Title Representative Body) | Report |