Resources and publications

This guide complements the Rule book info kit and is for prescribed bodies corporate (PBCs) and Registered Native title bodies corporate (RNTBCs) who have extra responsibilities under the Native Title Act 1993. It describes some of the important issues that need to be considered when writing rules for these types of corporations. It also suggests some specific rules. It is designed for PBCs, RNTBCs and groups intending to hold or manage native title.

A list of governance resources compiled by the Aboriginal Governance & Management Program.

In June and July 2014 the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Australian Indigenous Governance Institute (AIGI) conducted a survey into gaps in Indigenous governance research and practical tools. The survey, entitled ‘A short survey: mapping Indigenous governance research and resources’, was distributed across a broad network of organisations, institutions and individuals working in the field of Indigenous governance (including select international organisations) in preparation for the Indigenous Governance Development Forum: Mapping Current and Future Research and Resource Needs, held on 29–30 July 2014 at AIATSIS in Canberra. Thirty-eight survey responses were received.

This document presents a preliminary list of specific research initiatives and practical tools identified through the survey. The list is a working document. It is by no means exhaustive, and the authors would be grateful to hear about other initiatives that should be included.

The following submission was made as part of the technical review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act).

In the submission we have supported further investigation of a dedicated chapter in the CATSI Act for RNTBCs (native title corporations) and our main recommendations include:

• Amendments to the CATSI Act to reduce the regulatory and reporting burden to ensure compliance is affordable and manageable
• Amendments to the CATSI Act that facilitate the incorporation of subsidiary corporations
• Increased special regulatory assistance for CATSI Corporations that promote compliance rather than punitive measures
• Specific tailored RNTBC corporate governance training
• Making the unique situation of native title corporations clear in a separate chapter of legislation
• Amendments to the laws around meetings and directors that better reflect Aboriginal and Torres Strait Islander law and custom
• Providing culturally appropriate training, information support and resourcing is available for native title corporations
• Ensuring that native title corporations are accountable to the wider Aboriginal and Torres Strait Islander group but have enough discretion to manage the corporation

Since 2016, AIATSIS has contributed to a number of reviews of the CATSI Act including the Technical Review of the CATSI Act (2017) and CATSI Review Phase 1 (2020). Throughout this report, the AIATSIS researchers refer to the AIATSIS submissions for both of these reviews.

The Australian Institute of Company Directors is committed to excellence in governance. They are involved in governance education, director development and advocacy. They have a membership of more than 40,000 including directors and senior leaders from business, government and the not-for-profit sectors. Their website contains a range of resources for directors as well as information about training courses.

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.

In Australia today there are an estimated 8000 to 9000 Indigenous organisations, many of which are incorporated under Commonwealth, state or territory legislation. Their governance work is often seen by Indigenous people as nation-building: an expression of self-determination and a way of reconceptualising relations with governments and asserting unique cultural traditions.

The effective governance of these organisations is critical to attracting funding, promoting sustainable economic activity and building resilient communities. It is now recognised that Indigenous governance and the governance of governments are intertwined and the latter is receiving greater critical scrutiny.

A growing number of research projects, governance building initiatives and practical resources are providing evidence of what works, what doesn’t and why. But the opportunities to evaluate this evidence, consider strategic priorities and build collaborations are limited.

On 29–30 July 2014, AIATSIS and AIGI convened an Indigenous governance forum in Canberra to provide such an opportunity. In preparation, a survey of Indigenous governance research, practical resources and future needs was widely circulated. This report provides a synthesis of ideas, comments, issues and possibilities identified through the survey and the forum.

This is a preliminary research report from the first year of fieldwork conducted by the Indigenous Community Governance Project (ICGP). The Project is exploring the nature of Indigenous community governance in diverse contexts and locations across Australia through a series of diverse case studies—to understand what works, what doesn’t work, and why. A comparative analysis of the Project’s case studies is revealing that governance and decision-making in Indigenous community governance is shaped by multiple historical, cultural and political relationships. Family and governance histories associated with particular communities and sets of regionally-linked communities are central features in community governance dynamics and arrangements. Strengthening Indigenous community governance requires negotiating appropriate contemporary relationships among the different Indigenous people within a region or community, and adapting or creating structures and processes to reflect important relationships. Several dimensions are being identified as being fundamental to building stronger, sustainable governance at the community and regional levels. These are the impact of the wider ‘governance environment’, cultural match and cultural geography, modes of leadership and representation, institutional capacity, organisational design and relationships, representation, decision-making processes, and human resource issues. Capacity development for governance needs to be considered within a systems framework and should be a process that actively strengthens Indigenous decision-making and control over their core institutions, goals and identity, and that enhances cultural match and legitimacy. The report concludes with some emerging issues and implications for policy makers and for Indigenous organisations and their leaders.

This comprehensive review of the CATSI Act, built on a series of reviews undertaken in recent years. Responding to feedback from stakeholders for comprehensive consideration of the ongoing role of the CATSI Act, this review would consider whether the CATSI Act is achieving its objects, particularly as a special measure under the Racial Discrimination Act 1975.

This report details the findings from the survey available on the National Indigenous Australians Agency website for phase one of the CATSI Act review.

ORIC newsletter about CEO accountability. 

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.

The Native Nations Institute’s web-based Constitutions Resource Center (CRC) brings together extensive research on Indigenous constitutions, examples of the constitutional changes that Native nations are making, and videos of Native leaders and other governance experts talking about constitutional change. The site provides Native nations with access to a comprehensive set of tools and Native nation examples that can be helpful in the process of constitutional reform.

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 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

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 examines the decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors.

Information about developing a strategic plan

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