Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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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 | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Good governance guide | Victorian Local Governance Association | The Good Governance Guide is a practical resource for anyone involved in the decision-making process in Victoria’s local government sector. It focuses on the areas where good governance has the most impact and offers suggestions for how it can work. |
Governance, Strategic planning, Succession Planning | Guide | |
Leadership | Indigenous Governance Toolkit | The topic 'Leadership' from the Indigenous Governance Toolkit has seven sections,
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Governance, Leadership, Succession Planning, Youth | Information Sheet | |
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 | |
Native Title Report 2012 | Australian Human Rights Commission | 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 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance. |
Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge | Report | |
Nothing Succeeds Like Succession: Succession Planning for Not-for-Profits | Our Community | Ourcommunity.com.au provides useful resources for succession planning in Not-for-Profit organisations. This website details the changes and processes of the board, staffing, and donors, whilst also covering topics on documentation, recruitment, and induction. |
Governance, Succession Planning, Youth | Website | |
PBC decision-making, certification and fees for service discussion paper | CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book | Fact sheet | |||
Planning and Writing a Grant Proposal: The Basics | The Writing Centre | This handout offers some ways of thinking about grant proposals and advice about the process of planning and writing a proposal. |
Business, Reporting | Information Sheet | |
Planning for the future: maximising native title compensation through the use of future funds | Pamela Kaye, Glenys Hayes | A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles. In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different. |
Compensation, Finance, Funding, Trusts | Presentation | |
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests. In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous. In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane. This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Recruiting and supporting Aboriginal and Torres Strait Islander employees: A guide for community legal centres | National Association of Community Legal Centres | To assist community legal centres (CLCs) to meet the cultural safety standards in the National Accreditation Scheme (NAS), the National Association of Community Legal Centres (NACLC) has developed this Guide to assist NACLC and CLCs to improve the attraction, recruitment, support and retention of Aboriginal and Torres Strait Islander employees in the sector. |
Business, Culture, Employment, Training | Guide | |
Report on the Indigenous Youth Forum | Stacey Little, Thaarramali Pearson | The National Native Title Conference 2016 (the conference) was co-convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Northern Land Council, and hosted by the Larrakia people in Darwin, Northern Territory, 1-3 June 2016. With the success of past Indigenous talking circles, such as the men’s and women’s circles at the conference each year, and a growing level of recognition of the importance and value of Indigenous youth voices in the native title sector, this year’s conference program became host to the inaugural Indigenous youth forum. The forum, comprising two talking circles held on the first and last day of the conference, aimed to maximise the potential attendance of conference delegates under the age of 35 years. The forum was facilitated by Natalie Rotumah, CEO of NTSCorp, and attended by 24 delegates from the Northern Territory, Western Australia, Queensland, New South Wales and the Australian Capital Territory. Also in attendance was Professor Taiaiake Alfred, international keynote speaker and Professor of Indigenous Governance and Political Science at the University of Victoria, British Columbia. Professor Alfred led discussions around cultural resurgence and confidence and provided an international perspective on the issues discussed by the delegates, using his extensive experience advising First Nations governments on Indigenous land, governance and youth issues. The delegates shared their native title experiences and aspirations, and examined the barriers to their participation in the native title sector. The delegates then explored ways of overcoming the barriers to achieve increased youth involvement in the sector. |
AIATSIS, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Succession Planning, Youth | Report | |
Simple steps to planning a campaign | Media Trust | This guide provides some simple steps to plan a campaign. |
Business | Guide | |
Starting a business checklist | Business, Australian Government | New to business and not sure where to start? Starting your business checklist will help guide you through some important steps. |
Business | Checklist | |
Sustainable development through asset leasing | Graeme Smith, Ray McInnes, Gordon Noonan | This panel explores an approach to leveraging the income streams of native title groups and other Indigenous organisations in order to finance community development projects or local businesses. The approach involves the use of asset leasing solutions developed by IBA which supports Indigenous groups to sustainably manage their business or community development assets. IBA has been able to support a number of Indigenous organisations around Australia using asset leasing solutions to acquire a very diverse range of assets, including for civil construction assets, demountable accommodation, vehicles, machinery and equipment. The panel will explore a case-study, where IBA and Manungurra Aboriginal Corporation have been working together to finance the acquisition of Manungurra’s community development assets including vehicles and solar panels with battery storage for outstation housing. These assets are part of a broader Manungurra community development plan which aims to ensure traditional owners are supported in their goal to live independently on-country Ray McInnes' presentation can be downloaded here. Graeme Smith & Gordon Noonan's presentation can be downloaded below. |
Business, Commercial development, Community development, Environment, Land and sea management | Presentation | |
The Far West Coast Experience | April Lawrie, Peter Miller, Barry (Jack) Johncock | The Far West Coast journey from Applicant through to Consent Determination and holding Native Title has been an exciting one. There have been considerable challenges and we have faced many obstacles. Along the way we have also learnt many valuable lessons, not the least that we needed even more change and further development once Native Title was granted and we began a new life as a PBC. Today, as a young PBC we are on track to be a self-supporting and stand-alone resource for our members. We now have commercial ventures, investments and an Aboriginal Trust that we own and operate. Our presentation seeks to share how we got here and the changes to structures, practices and our organisation to achieve early success as a PBC and a group of entities. |
Agreements, Business, Commercial development, Community development, Determinations, Governance, Heritage, Mining, PBCs (Prescribed Body / Bodies Corporate), Training, Trusts | Presentation | |
To be, or not to be, a charity: that Is the question for Prescribed Bodies Corporate under the Native Title Act | Dr Fiona Martin | This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. |
Business, Charity, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper | |
Top tips for succession planning | Forum for Directors of Indigenous Organisations | Short factsheet about succession planning for Aboriginal Organisations |
Board, Succession Planning, Youth | Information Sheet |