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 | |
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 | |
Analysing key characteristics in Indigenous corporate failure: Research Paper | Office of the Registrar of Indigenous Corporations | This research paper aims to better understand factors that contribute to corporate failure in Indigenous corporations. |
NTRB (Native Title Representative Body), PBCs (Prescribed Body / Bodies Corporate) | Report | |
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 | |
Central Land Council community development podcast series | David Martin; Centre for Native Title Anthropology | The Centre for Native Title Anthropology is giving attention to the role of anthropologists in the post-determination phase. It investigates the methodology and learnings of the CLC community development unit in working with groups and communities in managing income streams from their lands for wider benefit is of considerable potential interest to anthropologists. It offers an illustrative example of the intense, collaborative engagement that is necessary at this intersection of Aboriginal and wider value systems, where monies gained from activities on Aboriginal lands are invested into broader community benefit. For these reasons, there is much to learn which is relevant to the governance of compensation funds held in trust by PBC and other entities (such as those established under mining agreements with Aboriginal groups). The podcast series also investigates the ethical and political issues they all face as anthropologists working with Aboriginal groups on social change in a framework of self-determination. David Martin interviews Ian Sweeney, the Unit’s Manager, and four of the Project Officers, Dave Howard, Cecilia Tucker, Dianna Newham, and Carl O’Sullivan. |
Commercial development, Community, Community development, Education, Funding, NTRB (Native Title Representative Body) | Presentation | |
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 | |
Disqualification for managing corporations under the CATSI Act | Office of the Registrar of Indigenous Corporations | Information about how individuals can be disqualified from managing corporations under the CATSI Act. |
CATSI Act, Governance, ORIC | Information Sheet | |
First glance: A draft template for surveying your land and native title claim archives | AIATSIS | This template will assist you to complete a ‘first glance’ survey of materials in your personal archives. While designed primarily to survey materials produced under the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth) (ALRA) and the Native Title Act 1993 (Cth) (NTA), the template will assist in surveying other materials. This template has been peer-reviewed but remains as a draft to be trialled and to obtain further advice around the documenting of digital archives. For updates see Aboriginal land rights in the Northern Territory: Documenting and preserving the records and memories. |
Native title claim | Template | |
Get in on the Act: A guide to the CATSI Act | Office of the Registrar of Indigenous Corporations | A guide to the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) |
CATSI Act, ORIC | Information Sheet | |
How to adopt condensed rules under the CATSI Act | Office of the Registrar of Indigenous Corporations | Steps to adopting the condensed rules under the CATSI Act |
CATSI Act, Constitutions, ORIC, Rule book | Information Sheet | |
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes | Elizabeth Harvey | The recognition of native title in the Mabo decision has led to consideration and debate in the media and the Australian community over the content and scope of native title rights for hunting, fishing and the taking and using of resources. This presentation will look at the content of these native title rights, and how they are understood and regulated, including the protections in section 211 of the Native Title Act, the effect of the decision in Yanner v Eaton (1999) 201 CLR 351, and how this interacts with other environmental management and threatened species legislation. It will then look forward to more recent recognition of commercial fishing and trading rights, as considered in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 and Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776, how those rights can be demonstrated and their interaction with government regulation. |
Commercial development, Fishing, Hunting, Right to take | Presentation | |
Information for PBCs on changes to native title laws and obligations | CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting | Fact sheet | |||
Information sheets for PBCs | Office of the Registrar of Indigenous Corporations | Information about the roles and functions of PBCs under the CATSI Act, the Native Title Act and the PBC regulations. |
CATSI Act, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Joint return of materials presentation | Brooke St James, Amy Usher, Leanne Evans, Royce Evans, Kelly Slattery | After 15 plus years of native title negotiations there was a lot research information held by the Yamatji Marlpa Aboriginal Corporation (YMAC) to be returned to the PBC Robe River Kuruma Aboriginal Corporation (RRKAC). YMAC had developed a best practice process for returning research materials. This presentation highlights this process, the experiences of the PBC and the lessons learned. |
Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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 |