Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Making decisions | Office of the Registrar of Indigenous Corporations | ORIC newsletter about making decisions. |
Decision making, Meetings, Members, ORIC | Newsletter | |
Native Title Information Handbooks - PBC Funding and Training Guide | The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title. The Handbooks provide information about:
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Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | ||
PBC decision-making, certification and fees for service | National Indigenous Australians Agency | This Discussion Paper explains how native title decisions and decisions to make a compensation application are to be made by Prescribed Bodies Corporate (PBCs) and explains the decision-making processes available to PBCs and common law holders. It also includes information on when PBCs can charge fees for their services. |
Decision making, Fee for service | Report | |
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 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 | |
Taungurung Decision-Making Guide | Toni Bauman, Belinda Burbidge, Chris Marshall | Taungurung Land and Waters Council and AIATSIS collaboratively produced a decision-making guide for Taungurung people to use in governance. The guide contains practical information on:
The guide is of practical use for Taungurung Land and Waters Council in governance, assisting communication and engagement, inducting new board members, and managing disagreements about procedures and policies. It will also be of interest to other Indigenous corporations that are working on their own decision-making structures, processes and models, particularly native title Prescribed Bodies Corporate (PBCs) and other traditional owner corporations. |
AIATSIS, Board, CEO, Chairperson, Decision making, Directors, Dispute management, Governance, Members, PBCs (Prescribed Body / Bodies Corporate) | Guide | |
The Satisfaction Triangle | Aurora | Outlines the 'satisfaction triangle'- a model for decision-making. |
Decision making, Meetings | Information Sheet | |
The two-way governance resources | Ninti One | The Two-way Governance Resource has been designed to support and promote two way learning and informed decision making (related to mainstream governance) in remote Aboriginal Communities in the Northern Territory. |
Community, Decision making, Governance | Presentation | |
Traditional decision making in native title - finding a pathway through the cultural, legal and administrative maze | Mr Graham Castledine, Mr Royce Evans, Elaine James | Since the commencement of the Native Title Act, traditional owners have been asked to negotiate and make important decisions concerning their native title. While the Act allows for and even encourages the use of traditional decision making, this is required to be blended with modern Western notions of corporate governance and meeting procedures. The recent decision of the Federal Court in McGlade has underlined some of the difficulties associated with the requirements of the Act for reaching decisions on important matters, and has raised questions about the proper roles of the registered native title claimants and the broader native title community. After native title has been determined, traditional owners must develop complex processes which accommodate longstanding cultural norms as well as the onerous requirements of the NTA and CATSI Act. If not handled maturely and sensitively, these processes can result in feelings of disempowerment and disengagement as well as causing or exacerbating intra-indigenous conflict. The paper will examine Court decisions which have highlighted problems with the cultural clashes which have resulted from the current system and also look at some innovative approaches which one PBC is developing in order to truly honour the cultural knowledge of the traditional owners. For access to Castledine, Evans & James' paper on the topic follow this link. |
Decision making, PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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. |
Compensation, Future acts, Legal, Native Title Act, Past acts | Presentation | |
Voices of Our Success (executive overview) Sharing stories and analysis from the 2014 Indigenous Governance Awards | Australian Indigenous Governance Institute, Reconciliation Australia | The Indigenous Governance Awards celebrate success in Aboriginal and Torres Strait Islander organisations nationwide. The awards provide a fantastic opportunity to gain insight into current innovation, practices and understanding of Indigenous governance. An analysis of the top ranked 2014 applicants’ governance solutions are presented in Voices of Our Success: Sharing stories and analysis from the 2014 Indigenous Governance Awards published by the Australian Indigenous Governance Institute and Reconciliation Australia. Here we share an overview of key findings. |
Decision making, Governance, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Voices of Our Success (full report) Sharing the stories and analysis from the 2014 Indigenous Governance Awards | Australian Indigenous Governance Institute, Reconciliation Australia | The Indigenous Governance Awards celebrate success in Aboriginal and Torres Strait Islander organisations nationwide. The awards provide a fantastic opportunity to gain insight into current innovation, practices and understanding of Indigenous governance. An analysis of the top ranked 2014 applicants’ governance solutions are presented in Voices of Our Success: Sharing stories and analysis from the 2014 Indigenous Governance Awards published by the Australian Indigenous Governance Institute and Reconciliation Australia. |
Decision making, Dispute management, Governance, Leadership | Report |