Resources and publications

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

This paper discusses the purposes and form of the reports, their differentiation from the NNTT registration process, considerations anticipating litigation, confidentiality and potential conflicts of interest by the State as respondent.

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

This guide is for people who are, or are thinking of becoming, board members of a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). It focuses on good governance and how it helps charities in the context of their obligations.

Bridging historical scholarship and Aboriginal oral tradition, this innovative book tells the story of the Gugu Badhun people of the Valley of Lagoons in North Queensland. It provides new insights into Aboriginal–European interactions, and new understandings of how Aboriginal people sustained their identities and exercised agency.

It lays bare violence and oppression, but also recognises the inter-racial cooperation and friendships which were equally part of Gugu Badhun experience. It tells of a people whose options were limited by state power and public racism but who remained proud and undaunted, making their own decisions for their collective and individual benefit.

Much of the story is told in the words of Gugu Badhun people themselves. Interviews are interspersed with commentary and analysis by the four authors, one of whom, Yvonne Cadet-James, is herself a Gugu Badhun elder.

This collaborative approach has produced a timely book for an Australia in which notions of Indigenous autonomy and self-determination are being re-imagined and re-configured.

To purchase this book please visit the AIATSIS shop via think link.

This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. 

Information sheet about decision-making for PBCs.

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.

This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge.

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.

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.

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.

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.

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.

One of the key aspirations of native title holders is the ability to independently make decisions about and take care of country. This aspiration is often realised through collaborative management arrangements such as joint management. For many native title groups, joint management is often the only substantive land management outcome, yet there has been little research into either its planning process or its drivers.

Between October 2013 and December 2014, AIATSIS undertook case study research in partnership with Central Desert Native Title Services and the Wiluna native title holders — Martu people — to document their land management journey and the critical success factors that have contributed to positive outcomes in Matuwa (Lorna Glen) and Kurrara Kurrara (Earaheedy). This report describes the research and planning undertaken as a part of the partnership.

This paper outlines two pilot case studies which examine how international development non-government organisations (INGOs) conduct their work with Aboriginal organisations and communities in Australia.

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.