Resources and publications

Displaying 1 to 20 of 40 results.
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 cultural safety workbook Community Legal Centres NSW

This Workbook is a working document to guide and assist NSW Community Legal Centres in their cultural learning, as well as documenting the progression of cultural safety in Centres for Aboriginal and Torres Strait Islander people and communities.

Indigenous knowledge, Indigenous law Workbook
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
Barunga Agreement Northern Territory Government

The Northern Territory’s four Land Councils and the Northern Territory Government have today signed an historic Memorandum of Understanding (the “Barunga Agreement”), paving the way for consultations to begin with Aboriginal people about a Treaty

Government, Indigenous knowledge, Indigenous law, Justice, Treaty Article / paper
Caring for country and sustainable Indigenous development: Opportunities, constraints and innovation John Altman, Peter Whitehead

This paper explores how Indigenous community-based natural resource management can generate both conservation benefit and economic development opportunity. We begin by noting that much of the Indigenous estate in north Australia is either thinly populated or unpopulated. There is emerging evidence that, in situations where Indigenous people live on their country, ecological and wider benefits are generated via favourable fire regimes, control over weed infestations, and potentially through feral animal harvesting. When people are on country, they generate economic benefit for themselves by harvesting wildlife for consumption and engage with the market sector by using natural resources in commercial enterprise like arts and crafts production. We argue that there is a strong correlation between such activities and cost-effective natural resource management. Links between landcare, wildlife use and biodiversity conservation need to be recognized, celebrated and supported. The removal of many barriers to enhanced and innovative Indigenous participation in such activities, and equitable public support through programs like Landcare, will facilitate sustainable economic development options that are compatible with Indigenous priorities, while ameliorating Indigenous disadvantage.

CAEPR, Caring for Country, Commercial development, Community development, Environment, Fire, Land and sea management Article / paper
Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126) Australian Law Reform Commission

This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

Community development, Indigenous knowledge, Indigenous law, Native Title Act, Resolution Report
Contested Governance: Culture, power and institutions in Indigenous Australia Janet Hunt, Diane Smith, Stephanie Garling, Will Sanders (eds)

This collection of papers examines the dilemmas and challenges involved in the Indigenous struggle for the development and recognition of systems of governance that they recognise as both legitimate and effective.

CAEPR, Governance, Indigenous knowledge, Leadership Book
Creating Archives AIATSIS

This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive.  Links to other resources and contacts are also contained in the booklet.

 

AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law Information Sheet
Culture and Governance Indigenous Governance Toolkit

The topic 'Culture and Governance' from the Indigenous Governance Toolkit has four sections,

  1. Culture and Governance
  2. Indigenous governance and culture
  3. Two-way governance
  4. Case studies
Governance, Indigenous knowledge, Indigenous law 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
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
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 Community Governance Project: Year Two Research Findings J. Hunt and D.E Smith

This is the second research report by the Indigenous Community Governance Project (ICGP). The ICGP is exploring the nature of Indigenous community governance in Australia - to understand what works, what doesn’t work, and why. The first report, based on 2005 fieldwork, was published as CAEPR Working Paper No. 31/2006.

This report brings together findings from the fieldwork conducted during 2006, based on evidence drawn from case studies of Indigenous governance in action within differing community, geographical, cultural and political settings across the nation.

CAEPR, Governance Report
Indigenous Knowledge: Issues for protection and management Terri Janke, Maiko Sentina

This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. 

Culture, Indigenous knowledge, Indigenous law, Language Article / paper
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
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
Let’s talk about success: exploring factors behind positive change in Aboriginal communities Janet Hunt

This paper draws on interviews with leaders of successful Aboriginal organisations to understand the factors behind the successes that they are achieving in their communities.

CAEPR, Community development, Making it work Article / paper