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Resources and publications

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Displaying 1 to 16 of 16 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal Carbon Foundation Aboriginal Carbon Foundation

Aboriginal Carbon Foundation is a national not-for-profit company building and nurturing a sustainable Aboriginal carbon industry.

2017 Carbon farming, Commercial development, Employment, Environment, Fire Website
Brief index of materials relating to native title compensation research

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

2020 Compensation, Culture, Research Information Sheet
Compensation fact sheet National Native Title Council

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

2020 Compensation, Native Title Act Fact sheet
Enabling Prosperity: Success Factors for Indigenous Economic Development URBIS

Westpac commissioned Urbis to undertake research to understand the key drivers of economic development for Indigenous Australians. The aim of the research was to provide an evidence-base analysis of factors that support entrepreneurship and economic development, building on Australian and international literature and research.

The overarching research question was: What factors lead to successful economic development and job creation in Indigenous communities?

2014 Commercial development, Employment, Finance Report
Everybody's business: A handbook for Indigenous employment Reconciliation Australia and Social Ventures Australia

This step-by-step instruction manual is packed with practical advice for managers and supervisors who are on the frontline of hiring and retaining staff. 

2013 Employment, Induduction, Staff Guide
Gkuthaarn and Kukatj Land and Sea Country Plan GKuthaarn and Kukatj Traditional Owners, Carpentaria Land Council Aboriginal Corporation

The Gkuthaarn and Kukatj 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. 

2014 Commercial development, Community development, Employment, Environment, Indigenous knowledge, Land and sea management, Tourism, Youth Report
Guidelines on how to participate National Landcare Programme

This guide provides a general overview of the National Landcare Programme (NLP) investment, which includes investing in projects that build on our partnerships with Indigenous people and communities so they have the opportunity to fully participate in land and sea management, drawing on their significant and unique knowledge, skills and responsibilities. 

Employment, Environment, EPBC Act (Environment Protection and Biodiversity Conservation), Land and sea management, Training, Volunteering Guide
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.

2017 Compensation, Legal, Native Title Act Article / paper
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.

2012 Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge Report
PBC decision-making, certification and fees for service discussion paper 2021 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.

2017 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.

2017 Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) Presentation
Recruiting and supporting Aboriginal and Torres Strait Islander employees: A guide for community legal centres National Association of Community Legal Centres

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. 

2017 Business, Culture, Employment, Training Guide
Staff induction checklist PBC website

This staff induction checklist provides a downloadable template for your PBC to formalise the induction process of new staff members. It contains suggestions on documents to be included in an induction kit and on the induction process. 

2020 Employment, Induduction, Secretary, Staff Checklist
Targeted recruitment of Aboriginal and Torres Strait Islander people Human Rights Commission

This guideline explains how targeted recruitment strategies for Aboriginal and Torres Strait Islander people can be consistent with discrimination laws.

2015 Employment, Legal Guide
Valuing native title compensation after De Rose and Griffiths (No. 3) Vance Hughston

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.

2017 Compensation, Future acts, Legal, Native Title Act, Past acts Presentation

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