Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Legal context for PBC decision making | Aurora | Information sheet about decision-making for PBCs. |
Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Legal issues in transferring research materials from NTRB/SPs to RNTBCs | Angus Frith | Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs. |
Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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 | |
Meeting templates | Office of the Registrar of Indigenous Corporations | Series of templates and example policy documents for organisations registered under the CATSI Act. |
CATSI Act, Meetings, ORIC | Information Sheet | |
Meetings for Members | Office of the Registrar of Indigenous Corporations | Guide for running general meetings for corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). |
CATSI Act, Meetings, Members, ORIC | Information Sheet | |
Member's Rights | Office of the Registrar of Indigenous Corporations | Outline of the rights of members of Indigenous corporations. |
CATSI Act, Members, ORIC | Information Sheet | |
Minutes of Meetings | Office of the Registrar of Indigenous Corporations | Factsheet about keeping meeting minutes for Indigenous corporations registered under the CATSI Act. |
CATSI Act, Meetings, Minutes, ORIC | Information Sheet | |
Mornington Island Restorative Justice Project report | Queensland Government | The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system. |
Community, Culture, Dispute management, Legal | Report | |
Native Title Anthropology after the Timber Creek Decision | Pamela Faye McGrath | In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. Recommended citation: McGrath, PF 2017, Native Title Anthropology after the Timber Creek Decision, Land, Rights, Laws: Issues of Native Title series, vol. 6, no. 5, AIATSIS Research Publications, Canberra. |
Compensation, Legal, Native Title Act | Article / paper | |
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 2011 | 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. |
Land and sea management, Legal, Native Title Act | Report | |
ORACLE - Does your rulebook need a spring clean? | Office of the Registrar of Indigenous Corporations | ORIC newsletter about making changes to a corporation rulebook (constitution) |
CATSI Act, Constitutions, ORIC, Rule book | Newsletter | |
PBC decision-making, certification and fees for service discussion paper | CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book | Fact sheet | |||
PBCs Working in Two Worlds | Aurora | The first document sets out some background information about what a lawyer is and their duty to you as a client. The second document outlines some questions that you may like to ask a lawyer when you are seeking advice on native title matters. |
Governance, Government, Indigenous knowledge, Indigenous law, Legal, PBCs (Prescribed Body / Bodies Corporate) | Website | |
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward | David Ritter | This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision. |
Land rights, Legal, Native Title Act, Water rights | Article / paper | |
Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution and Conflict Management in Australia | National Alternative Dispute Resolution Advisory Council, AIATSIS, Community Justice Centres, Legal Aid, Northern Territory Government, State Government Victoria | The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians. The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience. |
Dispute management, Indigenous law, Legal | Report | |
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors | The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices. The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted. The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities. Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support. The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities. |
AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights | Policy statement | ||
Targeted recruitment of Aboriginal and Torres Strait Islander people | Human Rights Commission | This guideline explains how targeted recruitment strategies for Aboriginal and Torres Strait Islander people can be consistent with discrimination laws. |
Employment, Legal | Guide | |
The Registrar’s powers to intervene | Office of the Registrar of Indigenous Corporations | This policy statement provides an overview of the Registrar’s regulatory and enforcement powers; outlines the Registrar’s considerations in deciding whether to use his or her powers to intervene; indicates the kind of circumstances that might cause the Registrar to intervene and refers to other policy statements that focus on particular powers. |
CATSI Act, Policies | Policy statement | |
The rule book - condensed | Office of the Registrar of Indigenous Corporations | Example rule book that corporations can use to make their own rule book that complies with the CATSI Act and suits their needs. This rule book satisfies the requirements for most corporations registering under the CATSI Act. This rule book satisfies the requirements for a constitution under the CATSI Act and includes some good governance ideas. It keeps some of the ‘replaceable rules’ under the CATSI Act, and replaces others. It doesn’t include all of the set law under the CATSI Act. |
CATSI Act, Constitutions, ORIC, Rule book | Information Sheet |