Resources and publications

The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process.

'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process.

This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment.

To purchase this resource from the AIATSIS shop please follow this link. 

What processes are available to help Aboriginal people resolve their conflicts internally? What are the most common challenges implementing such a process? This report examines three dispute resolution processes and the differences between Indigenous and Western practices.

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.

The board of [Organisation] is committed to reaching a prompt and fair resolution of any disputes, conflicts, or disagreements that may arise from time to time, and that may threaten the functioning of the board.

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.

All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation.

Advice for dealing with complaints.

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.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

Managing disputes and the role of ORIC in resolving disputes.

The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,

1. Dealing with disputes and complaints
2. Aboriginal and Torres Strait Islander and non-Indigenous approaches
3. Core principles and skills for dispute and complaint resolution
4. Disputes and complaints about governance
5. Your members: dealing with disputes and complaints
6. Organisations: dealing with internal disputes and complaints
7. Practical guidelines and approaches
8. Case studies

ORIC policy statement explaining their role in resolving disputes involving corporations.

An guide to creating a board dispute resolution policy.

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.

The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches.

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.

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

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.