Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Board induction checklist | PBC website | This board induction checklist provides a downloadable template for your PBC to formalise the induction process of new board members. It contains suggestions on documents to be included in an induction kit and when and by whom the new board is inducted. |
Board, Induduction, Succession Planning | Checklist | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Building Indigenous community governance in Australia: Preliminary research findings | Centre for Aboriginal Economic Policy Research | This is a preliminary research report from the first year of fieldwork conducted by the Indigenous Community Governance Project (ICGP). The Project is exploring the nature of Indigenous community governance in diverse contexts and locations across Australia through a series of diverse case studies—to understand what works, what doesn’t work, and why. A comparative analysis of the Project’s case studies is revealing that governance and decision-making in Indigenous community governance is shaped by multiple historical, cultural and political relationships. Family and governance histories associated with particular communities and sets of regionally-linked communities are central features in community governance dynamics and arrangements. Strengthening Indigenous community governance requires negotiating appropriate contemporary relationships among the different Indigenous people within a region or community, and adapting or creating structures and processes to reflect important relationships. Several dimensions are being identified as being fundamental to building stronger, sustainable governance at the community and regional levels. These are the impact of the wider ‘governance environment’, cultural match and cultural geography, modes of leadership and representation, institutional capacity, organisational design and relationships, representation, decision-making processes, and human resource issues. Capacity development for governance needs to be considered within a systems framework and should be a process that actively strengthens Indigenous decision-making and control over their core institutions, goals and identity, and that enhances cultural match and legitimacy. The report concludes with some emerging issues and implications for policy makers and for Indigenous organisations and their leaders. |
Capacity building, Community development, Decision making, Governance, Leadership, Partnerships | Report | |
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Developing a National Indigenous Land and Sea Managers Network | Duane Fraser | Australian Indigenous land and sea managers have repeatedly called for an independent national Indigenous land and sea managers network. Such a network would link top down and bottom up information exchanges, promoting shared understandings of issues and opportunities. The network would provide government with a vehicle to both inform and learn from local Indigenous groups, including community rangers, on local, national and international matters of environmental significance. It also provides an opportunity for Indigenous managers to come together to develop positions on policy that affects land and sea management such as Working on Country and Indigenous Protected Areas. The network would not do business on behalf of people or replicate existing local or regional networks or institutions, but would provide strategic support, coordinate communication and identify opportunities for group to group skills and knowledge exchange. The network aims to provide professional support through a coordinated learning environment that facilitates the identification of effective resources, research, technologies and tools for use by Indigenous land and sea managers within Australia. This workshop provides an opportunity for Land & Sea Managers to come together to discuss the purpose and scope of a national network, including governance, networking and membership. |
IPA (Indigenous Protected Areas), Land and sea management, Partnerships, Rangers / caring for country | Presentation | |
Engaging with Traditional Owners | Christiane Keller | This fact sheet provides information about Free, Prior and Informed Consent (FPIC) and best practice for engagement with Traditional Owners. The fact sheet explains what FPIC means and how you can get in contact with PBCs, land councils, registered Aboriginal parties, native title representative bodies and service providers in Australia. |
Indigenous knowledge, Partnerships, Research | Fact sheet | |
Good governance guide | Victorian Local Governance Association | The Good Governance Guide is a practical resource for anyone involved in the decision-making process in Victoria’s local government sector. It focuses on the areas where good governance has the most impact and offers suggestions for how it can work. |
Governance, Strategic planning, Succession Planning | Guide | |
Kanyirninpa Jukurrpa (Vimeo) | Kanyirninpa Jukurrpa | Vimeo page by Kanyirninpa Jukurrpa. Includes videos about their,
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Indigenous knowledge, Land and sea management, Leadership, Partnerships | Video | |
Leadership | Indigenous Governance Toolkit | The topic 'Leadership' from the Indigenous Governance Toolkit has seven sections,
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Governance, Leadership, Succession Planning, Youth | Information Sheet | |
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 Anthropology after the Timber Creek Decision | Pamela Faye McGrath | 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. |
Compensation, Legal, Native Title Act | Article / paper | |
Native Title Report 2010 | 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. |
Agreements, FPIC (Free Prior Informed Consent), Native Title Act, Partnerships | Report | |
Native Title Report 2012 | 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. The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance. |
Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge | Report | |
Nothing Succeeds Like Succession: Succession Planning for Not-for-Profits | Our Community | Ourcommunity.com.au provides useful resources for succession planning in Not-for-Profit organisations. This website details the changes and processes of the board, staffing, and donors, whilst also covering topics on documentation, recruitment, and induction. |
Governance, Succession Planning, Youth | Website | |
Partnerships for Indigenous Development: International Development NGOs, Aboriginal Organisations and Communities | Janet Hunt | This paper outlines two pilot case studies which examine how international development non-government organisations (INGOs) conduct their work with Aboriginal organisations and communities in Australia. |
CAEPR, Collaboration, Partnerships | Article / paper | |
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 | |||
Planning for the future: maximising native title compensation through the use of future funds | Pamela Kaye, Glenys Hayes | 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. |
Compensation, Finance, Funding, Trusts | Presentation | |
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | 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. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Principles for engagement in projects concerning Aboriginal and Torres Strait Islander peoples | Tandee Wang and TranTran | AIATSIS is at the forefront of community-led research and projects, and collaborates with numerous Aboriginal and Torres Strait Islander partners across the country. In this guide, we outline foundational principles for meaningfully engaging with Aboriginal and Torres Strait Islander peoples. The guide is written for non-Indigenous policymakers who have none or limited experience working with Indigenous peoples. It is a starting point for further learning and capability building. |
Indigenous knowledge, Partnerships, Research | Fact sheet | |
Report on the Indigenous Youth Forum | Stacey Little, Thaarramali Pearson | The National Native Title Conference 2016 (the conference) was co-convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Northern Land Council, and hosted by the Larrakia people in Darwin, Northern Territory, 1-3 June 2016. With the success of past Indigenous talking circles, such as the men’s and women’s circles at the conference each year, and a growing level of recognition of the importance and value of Indigenous youth voices in the native title sector, this year’s conference program became host to the inaugural Indigenous youth forum. The forum, comprising two talking circles held on the first and last day of the conference, aimed to maximise the potential attendance of conference delegates under the age of 35 years. The forum was facilitated by Natalie Rotumah, CEO of NTSCorp, and attended by 24 delegates from the Northern Territory, Western Australia, Queensland, New South Wales and the Australian Capital Territory. Also in attendance was Professor Taiaiake Alfred, international keynote speaker and Professor of Indigenous Governance and Political Science at the University of Victoria, British Columbia. Professor Alfred led discussions around cultural resurgence and confidence and provided an international perspective on the issues discussed by the delegates, using his extensive experience advising First Nations governments on Indigenous land, governance and youth issues. The delegates shared their native title experiences and aspirations, and examined the barriers to their participation in the native title sector. The delegates then explored ways of overcoming the barriers to achieve increased youth involvement in the sector. |
AIATSIS, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Succession Planning, Youth | Report |