Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Planning for the future: maximising native title compensation through the use of future funds | Pamela Kaye, Glenys Hayes | A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles. In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different. |
Compensation, Finance, Funding, Trusts | Presentation | |
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests. In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous. In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane. This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Recruiting and supporting Aboriginal and Torres Strait Islander employees: A guide for community legal centres | National Association of Community Legal Centres | To assist community legal centres (CLCs) to meet the cultural safety standards in the National Accreditation Scheme (NAS), the National Association of Community Legal Centres (NACLC) has developed this Guide to assist NACLC and CLCs to improve the attraction, recruitment, support and retention of Aboriginal and Torres Strait Islander employees in the sector. |
Business, Culture, Employment, Training | Guide | |
Report on breakout session: The future of connection material | Grace Koch | This report of the discussion, which considered current practice for the treatment of connection material and other documents collected in the claim process, forms part of the 2005 Native Title Conference. |
AIATSIS, Native title materials, NTRB (Native Title Representative Body) | Report | |
Report on survey of NTRBs (April-May 2005) | Grace Koch | In April-May 2005, the Native Title Research and Access Officer, Ms Grace Koch conducted a survey of NTRBs to find out about current storage practices and plans for the future of documents that have been either collected or generated by the native title process. |
AIATSIS, Native title materials, NTRB (Native Title Representative Body) | Report | |
Report on workshop for NTRBs on databases and access and use issues | Grace Koch | In June 2006, representatives from 13 NTRBs met in Canberra to discuss databases and the needs of their organisations for collection management practices. Through this report, a list of ideal fields of information was drawn up along with some guidelines for access of native title material. Several NTRBs have used the information from this workshop to design their own databases. |
Native title materials, NTRB (Native Title Representative Body) | Report | |
Returning native title materials - 30 years in the too hard basket | Lisa Strelein and Christiane Keller | Presentation provided to the Yamatji Marlpa Aboriginal Corporation (YMAC) training workshop for native title anthropologists. It gives an overview of the three year project, its case studies, challenges and results. |
Heritage, Native title materials, Training | Presentation | |
Returning native title materials: RRKAC workshop summary | Christiane Keller, Jeffrey Paul | On the 14th May 2019 AIATSIS visited YMAC to discuss the process of returning native title materials from their perspective. This summary concerns the second field trip, to the RRKAC office for the receiving parties’ point of view. |
AIATSIS, Native title materials | Report | |
Returning Native Title Materials: YMAC workshop summary | Dr Christiane Keller, Stacey Little | This report presents a summary of a two-day workshop on 14-15 May 2019 at the Yamatji Marlpa Aboriginal Corporation (YMAC) office in Perth. |
AIATSIS, Native title materials, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Taungurung Decision-Making Guide | Toni Bauman, Belinda Burbidge, Chris Marshall | Taungurung Land and Waters Council and AIATSIS collaboratively produced a decision-making guide for Taungurung people to use in governance. The guide contains practical information on:
The guide is of practical use for Taungurung Land and Waters Council in governance, assisting communication and engagement, inducting new board members, and managing disagreements about procedures and policies. It will also be of interest to other Indigenous corporations that are working on their own decision-making structures, processes and models, particularly native title Prescribed Bodies Corporate (PBCs) and other traditional owner corporations. |
AIATSIS, Board, CEO, Chairperson, Decision making, Directors, Dispute management, Governance, Members, PBCs (Prescribed Body / Bodies Corporate) | Guide | |
The future of connection material held by Native Title Representative Bodies: Final report | Grace Koch | The native title process has created valuable research resources assembled during the claim research. Although some of this material has come from other sources, the arrangement of the documents coupled with original field research gives a unique description of Indigenous societies and their connections with the land. Also, much of the field material is irreplaceable because the elders who gave the information may have passed away. This connection material is of great value, not only to claimants, but to the wider community because it offers a valuable contribution to Australian history, anthropology, sociology, land management and other disciplines. |
AIATSIS, Native title materials, NTRB (Native Title Representative Body) | Report | |
The politics of identity: who counts as Aboriginal today? | Bronwyn Carlson | In this award-winning work Carlson explores the complexities surrounding Aboriginal identity today. Drawing on a range of historical and research literature, interviews and surveys, The politics of identity explores Aboriginal and non-Aboriginal understandings of Aboriginality and the way these are produced and reproduced across a range of sites and contexts. Emphasising Indigenous debates and claims about Aboriginality, The politics of identity explores both the community and external tensions around appropriate measures of identity and the pressures and effects of identification. An analysis of online Indigenous communities on social media that have emerged as sites of contestation adds to the growing knowledge in this area, both nationally and globally. This is a brave and personal contribution to the often vexed subject of Aboriginal identity and offers a distinctive and fresh line of analysis. |
AIATSIS, Community, Culture, Indigenous knowledge | Book | |
The right to protect sites: Indigenous heritage management in the era of native title | Dr Pamela McGrath | A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news. The right to protect sites brings together a range of authors who explore native title and Indigenous heritage regimes around the country, and charts the history of advocacy and policy development, highlighting the successes, limitations, inequalities and opportunities of current arrangements. |
AIATSIS, Culture, Heritage, Native Title Act | Book | |
Valuing native title compensation after De Rose and Griffiths (No. 3) | Vance Hughston | Mr Hughston SC will discuss the approach taken by the Court in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek) to the assessment of compensation and in particular the division of the award of compensation into components of economic and non-economic loss. Mr Hughston SC will discuss the uncertainties associated with both components. |
Compensation, Future acts, Legal, Native Title Act, Past acts | Presentation | |
Visit collections checklist | PBC website | This template can be used as checklist when you visit the AIATSIS collection or other collection institutions when researching your native title claim or materials relevant to your PBC's work. |
AIATSIS, Native title materials, Research | Checklist | |
What do young fellas reckon? Exploring the experiences of Aboriginal and Torres Strait Islander youth in native title | Bhiamie Williamson, Stacey Little | The research informing this paper engaged directly with young Aboriginal and Torres Strait Islander people about their experiences of native title. This paper reveals a number of emerging issues for the native title sector and related fields such as governance, land and water management, and the wider community sector. Key insights in this paper include the evolving ways in which connections to country and culture are being experienced; the importance of active and ongoing support and mentorship; and the need for improved access to native title knowledge and information. |
Community, Culture, Governance, Land and sea management, PBCs (Prescribed Body / Bodies Corporate), Youth | Report |