Resources and publications

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

PBCs have to think about succession. This workbook is for PBCs who want to engage with young Aboriginal and Torres Strait Islanders in their community and region. It provides information, practical tips and ideas how to communicate and get them involved.

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

The Country Needs People campaign is fighting for the growth and security of opportunities for land and sea country management by Aboriginal and Torres Strait Islander peoples.

While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests.

A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena.

A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed.

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. 

This resource aims to support the many local community initiatives that could go a long way to addressing our communities’ needs and dreams — if only the resources, time and money were available. 

The topic 'Leadership' from the Indigenous Governance Toolkit has seven sections,

1. Leadership for governance
2. Aboriginal and Torres Strait Islander leadership
3. The challenges of leadership
4. Evaluating your leadership
5. Youth leadership and succession planning
6. Building leadership capacity to govern
7. 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.

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.

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.

Anthropologists play a significant role in the native title system in Australia, especially in undertaking connection research to demonstrate the evidentiary basis of claims. In 2010, recognising the lack of sufficiently qualified anthropologists working in native title, the Australian Government introduced a grants program to attract and retain practitioners. This paper describes a field school in the Northern Territory that was funded through the Native Title Anthropologist Grants Program. Through dialogue and interaction with the Aboriginal community, the organisers aimed to expose and interpret ideas, practices, memories, mythologies, relationships and other aspects of society and culture in the terms required for the demonstration of native title. Both novel and successful, the field school points the way for future training initiatives in native title anthropology.

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.

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.

Short factsheet about succession planning for Aboriginal Organisations

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.