Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
APONT Independent Director Guide | Aboriginal Governance and Management Program (APONT) | Factsheet about having independent directors on the board. |
Directors, Independent directors | Information Sheet | |
Australian Institute of Company Directors | Australian Institute of Company Directors | The Australian Institute of Company Directors is committed to excellence in governance. They are involved in governance education, director development and advocacy. They have a membership of more than 40,000 including directors and senior leaders from business, government and the not-for-profit sectors. Their website contains a range of resources for directors as well as information about training courses. |
Directors, Governance | Website | |
Board Code of Conduct | PBC website | This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff. |
Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff | Checklist | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Duties of Directors and other Officers | Office of the Registrar of Indigenous Corporations | Outlining the roles and responsibilities of directors and officers for corporations under the CATSI Act. |
Directors, ORIC | Information Sheet | |
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate | Geoff Buchanan | While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests. A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena. A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed. |
Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth | Article / paper | |
Independent director guide | Aboriginal Governance and Management Program | This guidebook provides information on how to select independent directors for the Aboriginal boardroom. |
Board, Directors, Members, ORIC | Guide | |
Independent Directory | ORIC | Independent Directory connects skilled and interested people looking to become an independent director with Aboriginal and Torres Strait Islander corporations looking to appoint the right independent directors to their boards. It is a free service that allows: *Individuals to register an interest in being an independent director, identifying their experience and skills. *Aboriginal and Torres Strait Islander corporations to promote board vacancies. The service finds matches and allows candidates and corporations to initiate contact with each other. Candidates and corporations are in control of how much detail they reveal about themselves to the public and what they show only to their connections. |
Board, Directors, Independent directors, ORIC | Website | |
Innovating to Succeed Forum | Aboriginal Governance and Management Program (APONT) | In 2017 the APONT Aboriginal Governance & Management Program facilitated a NT-wide forum for senior managers and board members of NT Aboriginal organisations, bringing them together to network and share stories to strengthen and build their capacity in management and governance. This report provides an overview of the presentations from this forum. |
Capacity building, Constitutions, Directors, Governance, Rule book, Staff | Report | |
Lhere Artepe Policy and Procedure Guide | Lhere Artepe Aboriginal Corporation RNTBC | Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC |
Directors, Dispute management, Meetings, Policies, Reporting | Policy statement | |
Managing conflict: A guide for boards | Governing Good | This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. |
Board, Directors, Members, NFP (Not-For-Profit), Volunteering | Guide | |
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 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 | |
ORACLE - Directors at the Helm | Office of the Registrar of Indigenous Corporations | ORIC newsletter about the role of directors. |
Directors, ORIC | Newsletter | |
ORACLE - Experience and Good Order | Office of the Registrar of Indigenous Corporations | ORIC newsletter with advice about chairing meetings. |
Chairperson | Newsletter | |
ORACLE - Separation of Roles | Office of the Registrar of Indigenous Corporations | ORIC newsletter about the separation of roles in a corporation. |
Directors, Members, ORIC, Staff | Newsletter | |
ORACLE- Choosing your directors | Office of the Registrar of Indigenous Corporations | ORIC newsletter about choosing directors for the board. |
Directors, ORIC | 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 | |||
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 |