Resources and publications

Displaying 1 to 13 of 13 results.
Title Author /s Summary Date Tag(s) Type
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
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate Geoff Buchanan

While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests.

A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena.

A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed.

Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth Article / paper
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
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
Native title and governance: The emerging corporate sector prescribed for Native Title holders Jessica Weir

This paper discusses how the governance potential of PBCs is challenged by the PBC governance context.

Commercial development, Governance, PBCs (Prescribed Body / Bodies Corporate) Article / paper
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
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
Statistics for Community Governance: The Yawuru Indigenous Population Survey of Broome John Taylor, Bruce Doran, Maria Parriman, Eunice Yu

This paper presents a case study of an exercise in Aboriginal community governance. It sets out the background events that led the Yawuru Native Title Holders Aboriginal Corporation to secure information for its own needs as an act of self-determination and essential governance, and it presents some of the key findings from that exercise

CAEPR, Community development, Data sovereignty, Governance, PBCs (Prescribed Body / Bodies Corporate), Strategic planning Article / paper
The power of data in Aboriginal hands Peter Yu

This paper explores the critical role that data can play in development scenarios when Aboriginal people are in control of collecting, managing and interpreting data. It was first presented as a pleniary paper at the conference Social Science Perspectives on the 2008 National Aboriginal and Torres Strait Islander Social Survey, held at The ANU on 11–12 April 2011.

CAEPR, Data sovereignty Article / paper
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
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities Dr Tran Tran, Clair Stacey

Aboriginal and Torres Strait Islander community governance can be greatly impacted by the nature of the land tenure held or managed by the community. The fragmented system of national and state regimes which provide grants or titles of land to Aboriginal and/or Torres Strait Islander people has enabled a governance landscape where there are often overlapping rights to land. This creates a situation where relationships within an Indigenous community – and even within a traditional owner group – are competing for power and control. This is most notable with respect to how different community organisations compete for community funding, the durability of culturally appropriate governance structures and the taking of natural resources.

The ability of an Indigenous community to resolve potential conflicts, created by the recognition of native title and adapt to the post-determination landscape also impacts upon a communities’ ability to respond to external pressures such as land use planning, water management and government initiated tenure reform processes. Often these conflicts appear between Registered Native Title Bodies Corporate and community or local shire councils – who have historically played the role of land manager and program administrator. This paper looks at the role of cultural governance in supporting the recognition of Indigenous landholdings and the reasons that Indigenous landholdings, in their current form, have failed to be effective in adequately mobilising economic, social and cultural resources to achieve social, cultural, environmental and health benefits in remote Indigenous communities in Western Australia and Queensland.

Governance, ILUA (Indigenous Land Use Agreement), Joint Management, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) Article / paper