Resources and publications

Displaying 1 to 20 of 51 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal assets? the impact of major agreements associated with native title in Western Australia Sarah Prout Quicke, Alfred Michael Dockery, Aileen Hoath

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Agreements, ILUA (Indigenous Land Use Agreement), Mining, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Trusts Report
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
Board Code of Conduct PBC website

This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff.

Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff Checklist
Brief list of online resources for preservation and information on Indigenous studies Grace Koch

This document provides a brief listing of resources for preservation and information on Indigenous studies.

AIATSIS, Heritage, Indigenous knowledge, Native title materials Toolkit
CEO accountability Office of the Registrar of Indigenous Corporations

ORIC newsletter about CEO accountability. 

Board, CEO, Governance, ORIC, PBC Regulations Newsletter
Ethics workshop Chrissy Grant

An Ethics Workshop will be held for PBCs and Traditional Owners to be aware of best practice ethical research standards that should be used by researchers when working with Traditional Owners.

The workshop will introduce you to the themes and principles outlined in AIATSIS’s Guidelines for Ethical Research in Australian Indigenous Studies (GERAIS). Examples and case studies will help you understand how and why the GERAIS principles should be the minimum standards applied to any research on your land and sea country.

There is a concern that the PBCs and Traditional Owners are not as familiar with ethical standards as the researchers are and how they should be applied to any research. This seems to be a one-sided conversation. GERAIS will educate and inform PBCs and TOs about ethical standards in research taking place across Indigenous estates – IPAs, Ranger work including compliance and enforcement issues, Indigenous engagement in Government processes and other research as well as Native Title and PBC research. It is so critically important that PBCs and TOs know what to expect from both the researcher and the participants so that they are well informed before they enter into a research agreement.

Agreements, Ethics, NNTC (National Native Title Council) Presentation
Guidelines for best practice flexible and sustainable agreement making AIATSIS Research

This Best Practice Guide is designed to provide practical guidance for government parties on the behaviours, attitudes and practices that can achieve flexible, broad and efficient resolutions of native title. It identifies a range of common factors indicative of successful broader land settlements that may be applied or adapted to the circumstances of particular settlements.

Agreements, AIATSIS Guide
History and native title: The making of a community asset Dr Michael Bennett, Grace Koch

This paper gives a brief description of what type of documentation is needed for a native title claim, what happens to the materials both during and after the claim process and how the research creates a valuable community asset. Finally, there is consideration of various options for the management of the historical material to give greater access and control to the indigenous communities in NSW.

Community, Native title materials, Research Article / paper
Indigenous land use agreements (ILUAs) for PBCs Aurora

This factsheet details the roles and requirements of PBCs entering into Indigenous Land Use Agreements (ILUAs). This factsheet provides an overview of the various types of ILUAs as well as some of the legal requirements and processes needed for the future act(s). Please note some of this information may be outdated. 

Agreements, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) Information Sheet
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
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
Karajarri: A West Kimberley Experience in Managing Native Title Jessica Weir

In 2002 and 2004 Karajarri had their native title rights and interests recognised to over 31,000 square kilometres of land in the West Kimberley, south of Broome. This is an area about half the size of Tasmania. Here there are pastoral stations, mining interests, coastal and desert lands, and the large Aboriginal community of Bidyadanga. Karajarri had one of the first native title determinations to be recognised in the Kimberley and had the first native title application in which applicants were represented exclusively by the Kimberley Land Council.

Agreements, AIATSIS, Governance, Land and sea management Article / paper
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
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
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