Resources and publications

This report provides insights into a digital approach to returning native title materials using digital forensic analysis. Great volumes of hardcopy and digital materials can be interrogated with a keyword search once ingested into a NUIX database to retrieve relevant documents. It provides step-by step diagrams and the ETNTAC Native Title Materials Policy and Procedure.

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 Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. 

The Centre for Native Title Anthropology is giving attention to the role of anthropologists in the post-determination phase. It investigates the methodology and learnings of the CLC community development unit in working with groups and communities in managing income streams from their lands for wider benefit is of considerable potential interest to anthropologists. It offers an illustrative example of the intense, collaborative engagement that is necessary at this intersection of Aboriginal and wider value systems, where monies gained from activities on Aboriginal lands are invested into broader community benefit. For these reasons, there is much to learn which is relevant to the governance of compensation funds held in trust by PBC and other entities (such as those established under mining agreements with Aboriginal groups). The podcast series also investigates the ethical and political issues they all face as anthropologists working with Aboriginal groups on social change in a framework of self-determination.

David Martin interviews Ian Sweeney, the Unit’s Manager, and four of the Project Officers, Dave Howard, Cecilia Tucker, Dianna Newham, and Carl O’Sullivan.

This paper gives a brief description of what type of documentation is needed for a native title claim, what happens to the materials both during and after the claim process and how the research creates a valuable community asset. Finally, there is consideration of various options for the management of the historical material to give greater access and control to the indigenous communities in NSW.

This guidebook provides general information on how to get into local and regional media.

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. 

Junyirri is intended to guide people in thinking about their current language situation, their aspirations for the use of language in their community, what assets their community has available, and the types of language programs that might be suitable for their situation.

This Sea Country Plan is an important step in re-asserting our responsibilities for the management and protection of the natural resources of our country. 

The Kurtijar Land and Saltwater Country Plan is a strategic document that provides a framework for our people and our partners to work together to care for all the natural and cultural values of our country, while providing a sustainable livelihood for our community and others with rights and interests in our land and saltwater country.

This is the ANTaR Submission to the Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into Language Learning in Indigenous Communities. Two years after the launch of the Federal Government’s strategy for preserving Indigenous languages, Indigenous Languages – A National Approach 2009, the Inquiry provides a valuable opportunity to assess the effectiveness of current Federal, State and Territory government policy in the area, and incumbent maintenance and revitalisation programs.

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. 

This report examines:

human rights and native title

• the extinguishment of native title
• native title and sea rights 
• indigenous heritage and native title.

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.