Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Managing information in native title: Survey and workshop report | Pamela Faye McGrath, Ludger Dinkler, Alexandra Andriolo | This publication reports on the proceedings of a two-day national workshop on the use and security of cultural and other information accumulated through the native title claims process, which was held at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra on 16–17 March 2015. It provides an overview of the most significant factors affecting the capacity of native title organisations to manage, secure and provide appropriate access to their holdings of native title information. |
Culture, Native title materials | 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 2001 | 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. The Native Title Report 2001 looks at the right to negotiate and human rights, resourcing in the Native Title System and negotiating co-existence through framework agreements. |
Agreements, Human rights, ILUA (Indigenous Land Use Agreement) | Report | |
Native Title Report 2004 | 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, Community development, ILUA (Indigenous Land Use Agreement), Native Title Act | Report | |
Native Title Report 2007 | 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. |
Collaboration, Fishing, ILUA (Indigenous Land Use Agreement), Native Title Act, Water rights | Report | |
Native Title Report 2012 | 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. The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance. |
Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge | Report | |
Native Title, Indigenous Land Use Agreements, Native Title Representative Bodies and Prescribed Body Corporates | Torres Strait Regional Authority | Overview of native title, ILUAs, NTRBs and PBCs. |
ILUA (Indigenous Land Use Agreement) | Information Sheet | |
ORACLE - The vital role of your CEO/Manager | Office of the Registrar of Indigenous Corporations | ORIC newsletter about the role of the CEO |
CEO, ORIC, Staff | Newsletter | |
Owner's Consent? Pursuing Statutory Land Use Management Planning and Development Approval Rules for Registered Native Title Holders | Bruce White, Vincent Mundraby | In a new world where there are increasing numbers of Australian Aboriginal Peoples obtaining positive native title determinations across large tracts of local government and/or nature conservation regulated lands:
Noting all the above Vincent Mundraby & Bruce White will assemble Queensland statutory land use planning specialists and agency representatives, and facilitate a workshop around the above two Queensland statutory planning case studies to discuss and explore how registered native title holders might be better integrated into statutory land use planning across Queensland & Australia. |
Agreements, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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 | |||
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 | |
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 | |
Strengthening partnerships for people and country | Cissy Gore-Birch, Dr Beau Austin | Indigenous land and sea management in Australia is an example of how partnerships between Traditional Owners, governments, industry and NGOs can produce positive outcomes for both people and Country. There are now over 700 Indigenous people employed as Indigenous rangers across Australia. These jobs are producing positive environmental, social, cultural and economic outcomes. However, it is acknowledged that for continued growth increased effort is required in two primary areas:
Bush Heritage Australia is partnering with Traditional Owners, the CSIRO and Charles Darwin University to collaboratively design mechanisms for strengthening partnerships by empowering Traditional Owners to better articulate knowledges-practices-beliefs that underpin their success. Increased awareness of this ‘logic’ will assist the development of multiple knowledge-based mechanisms for monitoring, evaluating and reporting outcomes to investors. These mechanisms will strengthen existing partnerships, open pathways for diversified investments, and realise conservation goals through the effective management of Country as complex social-cultural-environmental systems. |
ILUA (Indigenous Land Use Agreement), Partnerships | Presentation | |
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 |