Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Aboriginal cultural safety workbook | Community Legal Centres NSW | This Workbook is a working document to guide and assist NSW Community Legal Centres in their cultural learning, as well as documenting the progression of cultural safety in Centres for Aboriginal and Torres Strait Islander people and communities. |
Indigenous knowledge, Indigenous law | Workbook | |
Barunga Agreement | Northern Territory Government | The Northern Territory’s four Land Councils and the Northern Territory Government have today signed an historic Memorandum of Understanding (the “Barunga Agreement”), paving the way for consultations to begin with Aboriginal people about a Treaty |
Government, Indigenous knowledge, Indigenous law, Justice, Treaty | Article / paper | |
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 | |
Creating Archives | AIATSIS | This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive. Links to other resources and contacts are also contained in the booklet.
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AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law | Information Sheet | |
Culture and Governance | Indigenous Governance Toolkit | The topic 'Culture and Governance' from the Indigenous Governance Toolkit has four sections,
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Governance, Indigenous knowledge, Indigenous law | Information Sheet | |
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 | |
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes | Elizabeth Harvey | The recognition of native title in the Mabo decision has led to consideration and debate in the media and the Australian community over the content and scope of native title rights for hunting, fishing and the taking and using of resources. This presentation will look at the content of these native title rights, and how they are understood and regulated, including the protections in section 211 of the Native Title Act, the effect of the decision in Yanner v Eaton (1999) 201 CLR 351, and how this interacts with other environmental management and threatened species legislation. It will then look forward to more recent recognition of commercial fishing and trading rights, as considered in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 and Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776, how those rights can be demonstrated and their interaction with government regulation. |
Commercial development, Fishing, Hunting, Right to take | Presentation | |
Indigenous Knowledge: Issues for protection and management | Terri Janke, Maiko Sentina | This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. |
Culture, Indigenous knowledge, Indigenous law, Language | Article / paper | |
Legal protection of Indigenous Knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge. |
Indigenous knowledge, Indigenous law, Legal | Article / paper | |
Living with native title: the experiences of registered native title corporations | Toni Bauman, Lisa M Strelein, Jessica K Weir | Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests. The influence of the renowned High Court Mabo case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 per cent of the continent. RNTBCs operate in a profoundly intercultural context where ‘western’ and Indigenous laws are constantly interpreted and negotiated as part of a new suite of landholding and land management practices for contemporary Australia. Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, Living with native title documents the experiences of RNTBCs, including those that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior to publication. Living with native title is a product of the AIATSIS research project Prescribed Bodies Corporate: Research Action Partnerships. |
Agreements, AIATSIS, Future acts, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, Indigenous law, Joint Management, Native Title Act, NTRB (Native Title Representative Body), Partnerships | Book | |
Native Title Information Handbooks - PBC Funding and Training Guide | The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title. The Handbooks provide information about:
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Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | ||
Native Title Report 2009 | 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. |
Determinations, Native Title Act | Report | |
Our Country Our Way: Guidelines for Australian Indigenous Protected Area Management Plans | R Hill, F Walsh, J Davies, M Sandford | Our Country Our Way has been written for the managers of IPAs, IPA and Co-Management Consultation Projects, and their staff. Their primary aim is to provide practical guidance about how to achieve Management Plans that recognise the connections between Indigenous people, country, traditional law and culture, while also meeting national and international standards for protected area management. In so doing, this document invites planners and others to enter an Indigenous conceptual terrain and consider some highly innovative and at times challenging intercultural adaptations. The Guidelines draw on examples from IPAs and Co-Management Consultation Projects around Australia to illustrate the unique cultural settings and vibrant Indigenous management strategies on country. |
Indigenous knowledge, Indigenous law, IPA (Indigenous Protected Areas), Land and sea management | Report | |
PBCs Working in Two Worlds | Aurora | 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. |
Governance, Government, Indigenous knowledge, Indigenous law, Legal, PBCs (Prescribed Body / Bodies Corporate) | Website | |
Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution and Conflict Management in Australia | National Alternative Dispute Resolution Advisory Council, AIATSIS, Community Justice Centres, Legal Aid, Northern Territory Government, State Government Victoria | The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians. The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience. |
Dispute management, Indigenous law, Legal | Report | |
The Far West Coast Experience | April Lawrie, Peter Miller, Barry (Jack) Johncock | The Far West Coast journey from Applicant through to Consent Determination and holding Native Title has been an exciting one. There have been considerable challenges and we have faced many obstacles. Along the way we have also learnt many valuable lessons, not the least that we needed even more change and further development once Native Title was granted and we began a new life as a PBC. Today, as a young PBC we are on track to be a self-supporting and stand-alone resource for our members. We now have commercial ventures, investments and an Aboriginal Trust that we own and operate. Our presentation seeks to share how we got here and the changes to structures, practices and our organisation to achieve early success as a PBC and a group of entities. |
Agreements, Business, Commercial development, Community development, Determinations, Governance, Heritage, Mining, PBCs (Prescribed Body / Bodies Corporate), Training, Trusts | Presentation | |
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 |