Resources and publications

Displaying 1 to 20 of 43 results.
Title Author /s Summary Date Tag(s) Type
25 years since the Mabo decision: the advancement of PBCs in the Torres Strait and the challenges we face Doug Passi, Mr Lui Ned David, Ms Garagu Kanai

The panel discussed the progress that PBCs in the Torres Strait region have made since the Mabo decision and highlights certain milestone achievements of their struggles. 

NNTC (National Native Title Council), PBCs (Prescribed Body / Bodies Corporate) Presentation
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 - 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
Corporation Reporting Guide Office of the Registrar of Indigenous Corporations

This guide is designed to help corporation auditors and accountants (or bookkeepers) prepare reports

Bookkeeping, ORIC, PBCs (Prescribed Body / Bodies Corporate), Policies, Reporting, Rule book Information Sheet
Corporation Size and Reporting Office of the Registrar of Indigenous Corporations

Factsheet about reporting requirements for Indigenous Corporations registered under the CATSI Act.

ORIC, Reporting Information Sheet
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
Emerging Issues in Land and Sea Management Dermot Smyth, Rod Kennett, Tran Tran, Acacia Prince-Pike, Melanie Dulfer-Hyams

Report of a workshop held on Wednesday 4th June 2014 at the National Native Title Conference, Coffs Harbour, NSW, to map current and future research and resource needs for land and sea management.

AIATSIS, Fishing, Land and sea management, NNTC (National Native Title Council), Water 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
Exercising native title rights and interests Lisa Eaton

Traditional owners- native title claimants- native title holders- members of a prescribed body corporate. Who holds what native title rights? How can you exercise such rights? Post determination rights and interests are managed through a corporation governed by western laws and values. As is now well documented, this very structure required under the Native Title Act is often at odds with Indigenous decision making structures. This paper will begin to examine post determination issues surrounding the complex and layered network of native title ‘memberships’ and the parameters within which they must operate. There is often a fundamental misunderstanding as to how traditional rights and interests can be exercised and fully leveraged by Aboriginal and Torres Strait Islander people. In order to effectively manage native title greater clarity is required.

Decision making, NNTC (National Native Title Council) Presentation
Getting started Indigenous Governance Toolkit

The topic 'Getting started' from the Indigenous Governance Toolkit has four sections,

  1. Getting started on building your governance
  2. Assessing your governance
  3. Mapping your community for governance
  4. Case studies
Governance, Reporting, Rule book Information Sheet
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
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
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
Lhere Artepe Policy and Procedure Guide Lhere Artepe Aboriginal Corporation RNTBC

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

Directors, Dispute management, Meetings, Policies, Reporting Policy statement