Resources and publications

Displaying 1 to 20 of 23 results.
Title Author /s Summary Date Tag(s) Type
A Way Forward - Final report into the destruction of Indigenous heritage sites at Juukan Gorge Joint Standing Committee on Northern Australia

This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.

 

Caring for Country, Culture, Heritage, Mining Report
Barni-Wardimantha Awara (Don’t Spoil the Country) – Yanyuwa Sea Country Plan Dr John Bradley, Yanyuwa Families

The Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. 

Land and sea management, Land and water, Land rights, Water rights Report
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
Creating Archives AIATSIS

This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive.  Links to other resources and contacts are also contained in the booklet.

 

AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law Information Sheet
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes Elizabeth Harvey

The recognition of native title in the Mabo decision has led to consideration and debate in the media and the Australian community over the content and scope of native title rights for hunting, fishing and the taking and using of resources.

This presentation will look at the content of these native title rights, and how they are understood and regulated, including the protections in section 211 of the Native Title Act, the effect of the decision in Yanner v Eaton (1999) 201 CLR 351, and how this interacts with other environmental management and threatened species legislation. It will then look forward to more recent recognition of commercial fishing and trading rights, as considered in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 and Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776, how those rights can be demonstrated and their interaction with government regulation.

Commercial development, Fishing, Hunting, Right to take Presentation
Indigenous Knowledge: Issues for protection and management Terri Janke, Maiko Sentina

This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. 

Culture, Indigenous knowledge, Indigenous law, Language Article / paper
Managing information in native title: Survey and workshop report Pamela Faye McGrath, Ludger Dinkler, Alexandra Andriolo

This publication reports on the proceedings of a two-day national workshop on the use and security of cultural and other information accumulated through the native title claims process, which was held at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra on 16–17 March 2015. It provides an overview of the most significant factors affecting the capacity of native title organisations to manage, secure and provide appropriate access to their holdings of native title information.

Culture, Native title materials Report
Mornington Island Restorative Justice Project report Queensland Government

The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system.

Community, Culture, Dispute management, Legal Report
Native title and commercial fisheries: the Torres Strait sea claim Gabrielle Lauder, Lisa Strelein

For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially.

AUSTLII, Fishing, Native Title Act, Water rights Article / paper
Native Title Report 2000 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. 

This report examines:

human rights and native title

  • the extinguishment of native title
  • native title and sea rights 
  • indigenous heritage and native title.
Heritage, Land and sea management, Land rights, Native Title Act, Water rights Report
Native Title Report 2006 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, Commercial development, Finance, Funding, Land rights, Mining, Water rights Report
Native Title Report 2007 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.

Collaboration, Fishing, ILUA (Indigenous Land Use Agreement), Native Title Act, Water rights Report
Native Title Report 2008 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.

Caring for Country, Environment, Indigenous knowledge, Land and sea management, Water rights Report
Ngarrindjeri Nation Yaruwar-Ruwe Plan Ngarrindjeri people, South Australia

A key purpose of the plan was to better educate government and nongovernment agencies, researchers and the wider Australian public on Ngarrindjeri connection to Country and their associated rights and obligations to Yarluwar-Ruwe

Culture, Land and sea management, Land and water, Land rights, Water rights Report
Overturning aqua nullius: Securing Aboriginal water rights Virginia Marshall

Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia.

Water, Water rights Book
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. 

Business, Culture, Employment, Training Guide
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward David Ritter

This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision.

Land rights, Legal, Native Title Act, Water rights Article / paper
Social Justice and Native Title Report 2015 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.

Childhood, Community development, Disability, Native Title Act, Youth Report
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors

The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices.

The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted.

The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities.

Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support.

The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities.

AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights Policy statement
The politics of identity: who counts as Aboriginal today? Bronwyn Carlson

In this award-winning work Carlson explores the complexities surrounding Aboriginal identity today. Drawing on a range of historical and research literature, interviews and surveys, The politics of identity explores Aboriginal and non-Aboriginal understandings of Aboriginality and the way these are produced and reproduced across a range of sites and contexts.

Emphasising Indigenous debates and claims about Aboriginality, The politics of identity explores both the community and external tensions around appropriate measures of identity and the pressures and effects of identification. An analysis of online Indigenous communities on social media that have emerged as sites of contestation adds to the growing knowledge in this area, both nationally and globally.

This is a brave and personal contribution to the often vexed subject of Aboriginal identity and offers a distinctive and fresh line of analysis.

AIATSIS, Community, Culture, Indigenous knowledge Book