Resources and publications

The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process.

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.

'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process.

This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment.

To purchase this resource from the AIATSIS shop please follow this link. 

What processes are available to help Aboriginal people resolve their conflicts internally? What are the most common challenges implementing such a process? This report examines three dispute resolution processes and the differences between Indigenous and Western practices.

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.

The board of [Organisation] is committed to reaching a prompt and fair resolution of any disputes, conflicts, or disagreements that may arise from time to time, and that may threaten the functioning of the board.

All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation.

Advice for dealing with complaints.

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.

Managing disputes and the role of ORIC in resolving disputes.

The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,

1. Dealing with disputes and complaints
2. Aboriginal and Torres Strait Islander and non-Indigenous approaches
3. Core principles and skills for dispute and complaint resolution
4. Disputes and complaints about governance
5. Your members: dealing with disputes and complaints
6. Organisations: dealing with internal disputes and complaints
7. Practical guidelines and approaches
8. Case studies

ORIC policy statement explaining their role in resolving disputes involving corporations.

An guide to creating a board dispute resolution policy.

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.

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.

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.

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. 

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.

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC