Resources and publications
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 | |
About Future Acts | National Native Title Tribunal | Webpage from the National Native Title Tribunal detailing basic information about future acts. |
Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Website | |
About Indigenous Land Use Agreements | National Native Title Tribunal | Landing page on the National Native Title Tribunal website providing information on Indigenous Land Use Agreements (IULAs). |
ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Authorisation and decision-making in native title | Nick Duff | Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge. Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making. This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance. |
Decision making, ILUA (Indigenous Land Use Agreement), Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Book | |
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 | |
Communicating with youth workbook for PBCs | PBCs have to think about succession. This workbook is for PBCs who want to engage with young Aboriginal and Torres Strait Islanders in their community and region. It provides information, practical tips and ideas how to communicate and get them involved. |
Communication, PBCs (Prescribed Body / Bodies Corporate), Youth | Workbook | ||
Country needs People | Country needs People | The Country Needs People campaign is fighting for the growth and security of opportunities for land and sea country management by Aboriginal and Torres Strait Islander peoples. |
Caring for Country, Community development, Environment, Fire, Fishing, Land and sea management, Rangers / caring for country, Youth | Website | |
Detailed information on changes to native title laws and obligations | CATSI Act, ILUA (Indigenous Land Use Agreement), Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting, Rule book, Special administration | Fact sheet | |||
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 | |
Future Acts for PBCs | Aurora | Information about Future Acts for PBCs. |
Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate | Geoff Buchanan | While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests. A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena. A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed. |
Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth | Article / paper | |
Gkuthaarn and Kukatj Land and Sea Country Plan | GKuthaarn and Kukatj Traditional Owners, Carpentaria Land Council Aboriginal Corporation | The Gkuthaarn and Kukatj Land and Saltwater Country Plan is a strategic document that provides a framework for our people and our partners to work together to care for all the natural and cultural values of our country, while providing a sustainable livelihood for our community and others with rights and interests in our land and saltwater country. |
Commercial development, Community development, Employment, Environment, Indigenous knowledge, Land and sea management, Tourism, Youth | 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 | |
Guide to applying for DGR status | Secretariat of National Aboriginal and Islander Child Care (SNAICC) | This resource aims to support the many local community initiatives that could go a long way to addressing our communities’ needs and dreams — if only the resources, time and money were available. |
Education, Funding, Youth | 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 | |
Implementing native title: Indigenous leadership in land and water livelihoods | Rod Kennett, Tran Tran, Leah Talbot, Timothy Heffernan Matthew Barton | This report is based on the workshop, Implementing native title: Indigenous leadership in land and water livelihoods, held at the 2015 National Native Title Conference, 16-18 June, Port Douglas, Queensland. It details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories. |
AIATSIS, Carbon farming, Fishing, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, IPA (Indigenous Protected Areas), Land and sea management, Rangers / caring for country | Report | |
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 | |||
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 |