Resources and publications

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

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

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

Information about developing a strategic plan

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.

The topic 'Governing the Organisation' from the Indigenous Governance Toolkit has nine sections.

1. Governing the organisation
2. Roles, responsibilities and rights of a governing body
3. Accountability: what is it, to whom and how?
4. Decision-making by the governing body
5. Governing finances and resources
6. Communicating
7. Future planning
8. Building capacity and confidence for governing bodies
9. Case studies

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.

The Community Tool Box contains a range of information about community development including resources on strategic planning, leadership and communication.

PEST (Political, Economic, Social, Technological) analysis and SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis are common tools used in strategic planning for corporations.  This document provides examples used in PBC workshops and is therefore relevant to PBC business. It can be used as template to be modified to your PBC's needs. 

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.

This paper presents a case study of an exercise in Aboriginal community governance. It sets out the background events that led the Yawuru Native Title Holders Aboriginal Corporation to secure information for its own needs as an act of self-determination and essential governance, and it presents some of the key findings from that exercise

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.