Resources and publications

Displaying 1 to 20 of 26 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
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
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
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
Differences between the CATSI Act and the Corporations Act Office of the Registrar of Indigenous Corporations

ORIC fact sheet about differences between the CATSI Act and the Corporations Act.

CATSI Act, Exemptible rules, Native Title Act, ORIC, Special administration Fact sheet
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
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
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
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 Report 2001 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 Native Title Report 2001 looks at the right to negotiate and human rights, resourcing in the Native Title System and negotiating co-existence through framework agreements.

Agreements, Human rights, ILUA (Indigenous Land Use Agreement) Report
Native Title Report 2002 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.

This report examines human rights standards relevant to the recognition of native title and the legal recognition of native title.

Human rights, Native Title Act Report
Native Title Report 2005 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.

Commercial development, Finance, Human rights, Legal, Native Title Act Report
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
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
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
Researching Australian Indigenous Governance: A Methodological and Conceptual Framework Diane Smith

This paper sets out the methodological and conceptual framework for the Indigenous Community Governance (ICG) Project on Understanding, Building and Sustaining Effective Governance in Rural, Remote and Urban Indigenous Communities. The paper describes the Project’s research aims, questions, and techniques; explores key concepts; and discusses the ethnographic case-study and comparative approaches which form the core components of the methodological framework.

As an applied research project, the paper also considers the methodological issues inherent in participatory research, and for the dissemination and application of research findings within Indigenous and policy arenas. The framework draws on the multi-disciplinary expertise of the project team in areas such as anthropology, political science, demography, policy and legal studies, linguistics, and community development.

CAEPR, Governance Article / paper
Social Justice and Native Title Report 2013 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.

Human rights, Native Title Act Report
Special administrations: what funding agencies, creditors and employees should know Office of the Registrar of Indigenous Corporations

This fact sheet provides general information for funding agencies, creditors and employees about special administrations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Finance, Governance, ORIC, Special administration Information Sheet
Special administrations: what members and directors should know Office of the Registrar of Indigenous Corporations

This fact sheet provides general information for members and directors of corporations about special administrations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Government, ORIC, Special administration Information Sheet