Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
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 | |
Check-up: Our dispute resolution processes | Australian Indigenous Governance Institute | All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation. |
Dispute management, Governance, Resolution | Guide | |
Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126) | Australian Law Reform Commission | This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform. |
Community development, Indigenous knowledge, Indigenous law, Native Title Act, Resolution | Report | |
Fee for Service in Indigenous Land and Sea Management: Impact Assessment and Analysis | Winangali PTY LTD | This evaluation report identifies experiences, motivations, supporting mechanisms, barriers and impacts of fee-for-service commercial activities undertaken by Indigenous Land and Water Management (ILWM) organisations. The report draws on a literature review, interviews with ILWM organisations, administrative data, in-depth case studies, and online survey data. |
Commercial development, Fee for service, Land and sea management | Report | |
Governance for good: The ACNC’s guide for charity board members | Australian Charities and Not-for-profits Commission | 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. |
Board, Charity, Governance | Guide | |
Indigenous Facilitation and Mediation Project | AIATSIS | The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches. |
AIATSIS, Dispute management, Resolution | Report | |
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 | |
Native title newsletter | AIATSIS Research | This native title newsletter provides an overview of PBCs' pricing structure. |
Fee for service, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Newsletter | |
PBC decision-making, certification and fees for service | National Indigenous Australians Agency | This Discussion Paper explains how native title decisions and decisions to make a compensation application are to be made by Prescribed Bodies Corporate (PBCs) and explains the decision-making processes available to PBCs and common law holders. It also includes information on when PBCs can charge fees for their services. |
Decision making, Fee for service | Report | |
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 | |||
Prescribed Bodies Corporate: Charging fees for services | Lisa Strelein | An outline of some of the legal issues surrounding PBCs charging fees for service and what PBCs can and cannot charge fees for. |
AIATSIS, AUSTLII, Fee for service | Article / paper | |
Review of fees charged by RNTBCs for certain native title functions | Office of the Registrar of Indigenous Corporations | This policy statement provides guidance on how the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) deals with requests for an opinion as to whether a fee charged by a registered native title body corporate (RNTBC) to a third party for certain native title functions is one that can be charged. |
Fee for service, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Report | |
To be, or not to be, a charity: that Is the question for Prescribed Bodies Corporate under the Native Title Act | Dr Fiona Martin | This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. |
Business, Charity, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper |