Resources and publications

Displaying 1 to 20 of 28 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
A Way Forward - Final report into the destruction of Indigenous heritage sites at Juukan Gorge Joint Standing Committee on Northern Australia

This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.

 

Caring for Country, Culture, Heritage, Mining Report
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
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
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
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
Commissioner’s statement on PBIs Australian Charities and Not-for-profits Commission

The purpose of this Commissioner’s Interpretation Statement is to provide guidance on the ACNC’s view on the meaning and scope of the charity subtype of ‘Public Benevolent Institution’ (PBI) for ACNC purposes.

Government, NFP (Not-For-Profit) Article / paper
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
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
Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 Parliamentary Joint Committee on Human Rights

In this report the Parliamentary Joint Committee on Human Rights (the committee) considers the Stronger Futures legislation in the performance of its role of examining bills, Acts and legislative instruments for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. 

Education, Government, Health, Human rights Report
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
Final report Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples

The final report of the Committee is intended to reflect the evidence received across the wide range of matters included in the Committee’s resolution of appointment. The report sets out the Committee’s conclusions and recommendations in relation to these matters. 

Government Report
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity Closing the Gap Clearinghouse

Resource sheet no. 10 produced for the Closing the Gap Clearinghouse

Capacity building, Government 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
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
Native Title Information Handbooks - PBC Funding and Training Guide

The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title.

The Handbooks provide information about:

  • Native title legislation and case law
  • Federal, state and territory governments' native title policies and procedures
  • Native title representative bodies, registered native title bodies corporate, government agencies and other organisations involved in native title
  • Native title applications and determinations
  • Indigenous land use agreements, future acts and other native title related agreements
  • Land rights legislation
  • Indigenous Land Corporation acquisitions, Indigenous land management and Indigenous protected areas
  • Indigenous population profiles.
Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) Information Sheet
Native Title Report 2006 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.

Agreements, Commercial development, Finance, Funding, Land rights, Mining, Water rights Report
Partnerships for Indigenous Development: International Development NGOs, Aboriginal Organisations and Communities Janet Hunt

This paper outlines two pilot case studies which examine how international development non-government organisations (INGOs) conduct their work with Aboriginal organisations and communities in Australia.

CAEPR, Collaboration, Partnerships Article / paper