Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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A guide to writing good governance rules for PBCs and RNTBCs | Office of the Registrar of Indigenous Corporations | 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. |
CATSI Act, Constitutions, ORIC, Rule book | Information Sheet | |
A Toolkit for Developing Community-based Dispute Resolution Processes in First Nations Communities | Canada Human Rights Commission | 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. |
Capacity building, Dispute management, Leadership | Report | |
Against Native Title | Dr Eve Vincent | '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. |
Dispute management, Native Title Act | Book | |
AIATSIS response to Office of the Registrar of Indigenous Corporations (ORIC) Technical Review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 | Dr Lisa Strelein, Cedric Hassing, Dr Belidna Burbidge | 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:
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AIATSIS, CATSI Act, Governance, ORIC | Policy statement | |
AIATSIS Submission to review of the CATSI Act: Phase two | Dr Lisa Strelein, Ophelia Rubinich, Casey Millward | 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. |
AIATSIS, CATSI Act, Compliance, Policies, Rule book | Report | |
Alternative dispute resolution (ADR) in Aboriginal contexts: A critical review | Wenona Victor for the Canadian Human Rights Commission | 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. |
Dispute management | Article / paper | |
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 | |
Board dispute resolution policy template | Effective Governance | 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. |
Dispute management, Governance | Template | |
CATSI Act review report draft | National Indigenous Australians Agency | 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. |
Capacity building, CATSI Act, PBC Regulations | Report | |
CATSI Act Review: Phase 1 summary report | National Indigenous Australians Agency | This report details the findings from the survey available on the National Indigenous Australians Agency website for phase one of the CATSI Act review. |
Capacity building, CATSI Act, PBC Regulations | Report | |
Check-up: Our dispute resolution processes | Australian Indigenous Governance Institute | 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. |
Dispute management, Governance, Resolution | Guide | |
Complaints involving corporations | Office of the Registrar of Indigenous Corporations | Advice for dealing with complaints. |
Dispute management, ORIC | Information Sheet | |
Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126) | Australian Law Reform Commission | This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform. |
Community development, Indigenous knowledge, Indigenous law, Native Title Act, Resolution | Report | |
Decision-making: Constitutions of Prescribed Bodies Corporate | Ashleigh Blechynden | 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. |
CATSI Act, Constitutions, Decision making, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Rule book | Report | |
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 | |
Dispute management: Constitutions of Prescribed Bodies Corporate | Ashleigh Blechynden | 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. |
AIATSIS, CATSI Act, Dispute management, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Dispute resolution | Office of the Registrar of Indigenous Corporations | Managing disputes and the role of ORIC in resolving disputes. |
Dispute management, ORIC | Information Sheet | |
Disputes and complaints | Indigenous Governance Toolkit | The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,
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Dispute management, Governance | Information Sheet | |
Disputes involving Corporations | Office of the Registrar of Indigenous Corporations | ORIC policy statement explaining their role in resolving disputes involving corporations. |
Dispute management, ORIC | Information Sheet |