Resources and publications

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. 

On 3 and 4 April 2012, the Northern Territory Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) convened a workshop of state, territory and Commonwealth government staff working in joint management and native title at the Alice Springs Desert Park. The workshop was titled Joint Management of Protected Areas in Australia: Native Title and Other Pathways towards a Community of Practice.

This report captures the workshop where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.

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.

This paper draws on interviews with leaders of successful Aboriginal organisations to understand the factors behind the successes that they are achieving in their communities.

This publication is intended for Indigenous communities and organisations, and aimed at promulgating successful management initiatives that could be adopted by other organisations working in similar fields. Indigenous communities can use this handbook as a practical source of ideas and an inspiration for adoption and adaptation.

Information is organised in this handbook as a tour through a typical organisation, starting at the front door and moving through the different areas or rooms. Readers can go directly to their main area of interest, such as the accounts department, read straight through or browse. The plans do not represent any particular organisation. At the end of the book, there are brief snapshots of the participating organisations. There is no ‘one-size-fits-all’ solution to any issue. In fact, many organisations have found different solutions to the same problems. The road to success is always under construction.

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.

The North Australian Indigenous Land and Sea Management Alliance Ltd (NAILSMA) is a leader in finding practical solutions to support Indigenous people manage their land and sea resources into the future. NAILSMA, a not-for-profit company, has over a decade of experience in delivering complex and challenging programs across north Australia.

The topic 'Nation building and development' has seven sections,

1. Governance for nation building and development
2. What is nation rebuilding?
3. Governance for nation rebuilding
4. Governance for sustained development
5. Networked governance
6. Kick-starting the process of nation rebuilding
7. Case studies

NNI assists in building capable Native nations that can effectively pursue and ultimately realize their own political, economic, and community development objectives. NNI provides Native nations and other policy makers with accessible research and policy analysis of governance and development in Indian Country and with comprehensive, professional training and development programs designed to meet the needs of Indigenous leadership and management.

This Institute is based at the University of Arizona.

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.

The Overcoming Indigenous Disadvantage report measures the wellbeing of Aboriginal and Torres Strait Islander Australians.

This comprehensive report card measures where things have improved (or not) against 52 indicators across a range of areas including governance, leadership and culture, early childhood, education, health, home and safe and supportive communities, and includes case studies on things that work to improve outcomes.

The report is produced in consultation with all Australian governments and Aboriginal and Torres Strait Islander Australians.

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.

The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests.

In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous.

In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane.

This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan.

This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision.