Resources and publications

This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.

This information sheet provides brief information about materials relating to native title compensation research.

This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA).

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.

This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. 

This publication reports on the proceedings of a two-day national workshop on the use and security of cultural and other information accumulated through the native title claims process, which was held at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra on 16–17 March 2015. It provides an overview of the most significant factors affecting the capacity of native title organisations to manage, secure and provide appropriate access to their holdings of native title information.

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.

The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance.

A key purpose of the plan was to better educate government and nongovernment agencies, researchers and the wider Australian public on Ngarrindjeri connection to Country and their associated rights and obligations to Yarluwar-Ruwe. 

A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles.

In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. 

In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different.

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.

To assist community legal centres (CLCs) to meet the cultural safety standards in the National Accreditation Scheme (NAS), the National Association of Community Legal Centres (NACLC) has developed this Guide to assist NACLC and CLCs to improve the attraction, recruitment, support and retention of Aboriginal and Torres Strait Islander employees in the sector. 

In this award-winning work Carlson explores the complexities surrounding Aboriginal identity today. Drawing on a range of historical and research literature, interviews and surveys, The politics of identity explores Aboriginal and non-Aboriginal understandings of Aboriginality and the way these are produced and reproduced across a range of sites and contexts.

Emphasising Indigenous debates and claims about Aboriginality, The politics of identity explores both the community and external tensions around appropriate measures of identity and the pressures and effects of identification. An analysis of online Indigenous communities on social media that have emerged as sites of contestation adds to the growing knowledge in this area, both nationally and globally.

This is a brave and personal contribution to the often vexed subject of Aboriginal identity and offers a distinctive and fresh line of analysis.

A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news.

The right to protect sites brings together a range of authors who explore native title and Indigenous heritage regimes around the country, and charts the history of advocacy and policy development, highlighting the successes, limitations, inequalities and opportunities of current arrangements.

Mr Hughston SC will discuss the approach taken by the Court in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek) to the assessment of compensation and in particular the division of the award of compensation into components of economic and non-economic loss. Mr Hughston SC will discuss the uncertainties associated with both components.

The research informing this paper engaged directly with young Aboriginal and Torres Strait Islander people about their experiences of native title. This paper reveals a number of emerging issues for the native title sector and related fields such as governance, land and water management, and the wider community sector. Key insights in this paper include the evolving ways in which connections to country and culture are being experienced; the importance of active and ongoing support and mentorship; and the need for improved access to native title knowledge and information.