Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
A corporation's rulebook: What you need to know | Office of the Registrar of Indigenous Corporations | Summary of what information must be included in a rulebook for corporations registered under the CATSI Act. |
Constitutions, ORIC, Rule book | Information Sheet | |
A guide to writing good governance rules for PBCs and RNTBCs | Office of the Registrar of Indigenous Corporations | This guide complements the Rule book info kit and is for prescribed bodies corporate (PBCs) and Registered Native title bodies corporate (RNTBCs) who have extra responsibilities under the Native Title Act 1993. It describes some of the important issues that need to be considered when writing rules for these types of corporations. It also suggests some specific rules. It is designed for PBCs, RNTBCs and groups intending to hold or manage native title. |
CATSI Act, Constitutions, ORIC, Rule book | Information Sheet | |
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 | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Closing the Gap report | Department of the Prime Minister and Cabinet, National Indigenous Australians Agency | This Closing the Gap report is an opportunity to reflect on a decade’s efforts under an ambitious framework aimed at improving outcomes for Aboriginal and Torres Strait Islander Australians. |
Capacity building, Commercial development, Community development, Education, Health, Indigenous knowledge | Report | |
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Constitutions Resource Centre | Native Nations Institute, University of Arizona | The Native Nations Institute’s web-based Constitutions Resource Center (CRC) brings together extensive research on Indigenous constitutions, examples of the constitutional changes that Native nations are making, and videos of Native leaders and other governance experts talking about constitutional change. The site provides Native nations with access to a comprehensive set of tools and Native nation examples that can be helpful in the process of constitutional reform. |
Constitutions, Governance | Website | |
Decision-making: Constitutions of Prescribed Bodies Corporate | Ashleigh Blechynden | 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 decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors. |
CATSI Act, Constitutions, Decision making, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Rule book | Report | |
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 | |
Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 | Parliamentary Joint Committee on Human Rights | In this report the Parliamentary Joint Committee on Human Rights (the committee) considers the Stronger Futures legislation in the performance of its role of examining bills, Acts and legislative instruments for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. |
Education, Government, Health, Human rights | Report | |
Guide on AGMs impacted by covid-19 | Governance Institute of Australia | 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. |
AGM (Annual General Meeting), Governance, Health | Guide | |
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 | |
How to adopt condensed rules under the CATSI Act | Office of the Registrar of Indigenous Corporations | Steps to adopting the condensed rules under the CATSI Act |
CATSI Act, Constitutions, ORIC, Rule book | Information Sheet | |
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 | |
Innovating to Succeed Forum | Aboriginal Governance and Management Program (APONT) | In 2017 the APONT Aboriginal Governance & Management Program facilitated a NT-wide forum for senior managers and board members of NT Aboriginal organisations, bringing them together to network and share stories to strengthen and build their capacity in management and governance. This report provides an overview of the presentations from this forum. |
Capacity building, Constitutions, Directors, Governance, Rule book, Staff | Report | |
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 | |
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 | |
Name, Vision, Preamble, Principles, Objectives | Northern Institute, CDU | Guide to developing a corporation's vision, preamble, guiding principles and objectives. |
Constitutions, PBCs (Prescribed Body / Bodies Corporate), Rule book | Information Sheet | |
National picture: Constitutions of Prescribed Bodies Corporate | Ashleigh Blechynden | 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). |
AIATSIS, Constitutions, ORIC, PBCs (Prescribed Body / Bodies Corporate), Rule book | Report | |
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 |