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 | |
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 | |
Board Code of Conduct | PBC website | This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff. |
Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff | Checklist | |
Board induction checklist | PBC website | This board induction checklist provides a downloadable template for your PBC to formalise the induction process of new board members. It contains suggestions on documents to be included in an induction kit and when and by whom the new board is inducted. |
Board, Induduction, Succession Planning | Checklist | |
CEO accountability | Office of the Registrar of Indigenous Corporations | ORIC newsletter about CEO accountability. |
Board, CEO, Governance, ORIC, PBC Regulations | Newsletter | |
Commercial opportunities from Native Title: The Antakirinja Matu-Yankunytjatjara peoples' journey to economic benefit | Ian Crombie, John Hender | The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today. This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. |
Commercial development, Community development, Future acts, Land and sea management, Mining, Strategic planning, Trusts | Presentation | |
Effective Governance: Board Dispute Resolution Policy | Effective governance | An guide to creating a board dispute resolution policy. |
Board, Dispute management | Information Sheet | |
Governance for good: The ACNC’s guide for charity board members | Australian Charities and Not-for-profits Commission | This guide is for people who are, or are thinking of becoming, board members of a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). It focuses on good governance and how it helps charities in the context of their obligations. |
Board, Charity, Governance | Guide | |
Independent director guide | Aboriginal Governance and Management Program | This guidebook provides information on how to select independent directors for the Aboriginal boardroom. |
Board, Directors, Members, ORIC | Guide | |
Independent Directory | ORIC | Independent Directory connects skilled and interested people looking to become an independent director with Aboriginal and Torres Strait Islander corporations looking to appoint the right independent directors to their boards. It is a free service that allows: *Individuals to register an interest in being an independent director, identifying their experience and skills. *Aboriginal and Torres Strait Islander corporations to promote board vacancies. The service finds matches and allows candidates and corporations to initiate contact with each other. Candidates and corporations are in control of how much detail they reveal about themselves to the public and what they show only to their connections. |
Board, Directors, Independent directors, ORIC | Website | |
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 | |
Joint statement on board minutes | Australian Institute of Company Directors, Governance Institute of Australia | In this statement, the Australian Institute of Company Directors (AICD) and Governance Institute of Australia (Governance Institute) summarise key principles, provide their view on matters to be included in minutes, and consider the approach to board papers and document retention policies. |
Board, Minutes | 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 | |
Managing conflict: A guide for boards | Governing Good | This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. |
Board, Directors, Members, NFP (Not-For-Profit), Volunteering | Guide | |
Mornington Island Restorative Justice Project report | Queensland Government | The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system. |
Community, Culture, Dispute management, Legal | 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 |