Resources and publications

This report provides insights into a digital approach to returning native title materials using digital forensic analysis. Great volumes of hardcopy and digital materials can be interrogated with a keyword search once ingested into a NUIX database to retrieve relevant documents. It provides step-by step diagrams and the ETNTAC Native Title Materials Policy and Procedure.

This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.

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.

This paper examines the potential for native title organisations with limited asset bases to engage in successful commercial activity through joint venture enterprises. 

Firstly, we describe the development of the Federation of Victorian Traditional Owner Corporations as a state ‘peak-body’ of local native title organisations. We then discuss the Federation’s program of economic and commercial development both for its members and as an entity in itself, including the establishment of its incorporated joint ventures; Barpa Constructions Pty Ltd and On Country Heritage and Consulting Pty Ltd and commentary on the significance of the Commonwealth’s Indigenous Procurement Policy as a factor in this process.

The final section of the paper draws upon the experience of the Federation to examine how the legitimacy bestowed by the community ownership of native title organisations’ businesses creates a market advantage which is attractive to joint venture partners and can more than offset and deficit in terms of monetary resources available for investment in a newly established enterprise.

The paper concludes by reflecting that the market advantage bestowed by community ownership may well be a product of the racism inherent in Australian society’s hostility to wealthy Indigenous individuals.

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

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.

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.

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.

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. 

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. 

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.

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. 

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.

The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title.

The Handbooks provide information about:

• Native title legislation and case law
• Federal, state and territory governments' native title policies and procedures
• Native title representative bodies, registered native title bodies corporate, government agencies and other organisations involved in native title
• Native title applications and determinations
• Indigenous land use agreements, future acts and other native title related agreements
• Land rights legislation
• Indigenous Land Corporation acquisitions, Indigenous land management and Indigenous protected areas
• Indigenous population profiles.

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. 

This report examines:

human rights and native title

• the extinguishment of native title
• native title and sea rights 
• indigenous heritage and native title.

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.

The Native Title Report 2001 looks at the right to negotiate and human rights, resourcing in the Native Title System and negotiating co-existence through framework agreements.

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.

This report examines,

• native title and the right to development
• native title policies throughout Australia
• native title and agreement making.

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.

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.

In a new world where there are increasing numbers of Australian Aboriginal Peoples obtaining positive native title determinations across large tracts of local government and/or nature conservation regulated lands:

1. it is noted that in Queensland new local government statutory land use planning legislation excludes registered native title holders from standard development application owner's consent requirements and associated notification requirements
2. it is further noted the relevant Queensland Department of Infrastructure, Local Government, and Planning is preparing proposed new statutory planning options for Aboriginal peoples including particularly registered native title holders
3. it is also noted the statutory authority responsible for the management of 900 000 hectares of Wet Tropics World Heritage is reviewing its statutory land use management plans and the board of that Authority is seeking Aboriginal owners (native title) free, prior and informed consent to revise thier statutory management plan

Noting all the above Vincent Mundraby & Bruce White will assemble Queensland statutory land use planning specialists and agency representatives, and facilitate a workshop around the above two Queensland statutory planning case studies to discuss and explore how registered native title holders might be better integrated into statutory land use planning across Queensland & Australia.