Resources and publications

Displaying 1 to 20 of 36 results.
Title Author /s Summary Date Tag(s) Type
25 years since the Mabo decision: the advancement of PBCs in the Torres Strait and the challenges we face Doug Passi, Mr Lui Ned David, Ms Garagu Kanai

The panel discussed the progress that PBCs in the Torres Strait region have made since the Mabo decision and highlights certain milestone achievements of their struggles. 

NNTC (National Native Title Council), PBCs (Prescribed Body / Bodies Corporate) Presentation
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Community Report Toni Bauman, David Parsons, Ophelia Rubinich, Dr Christiane Keller

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

AIATSIS, Community development, Data sovereignty, Indigenous knowledge, Native title materials, Research Report
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting Toni Bauman, David Parsons

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research Report
Anthropology and connection reports in native title claim applications Dr Julie Finlayson

This paper discusses the purposes and form of the reports, their differentiation from the NNTT registration process, considerations anticipating litigation, confidentiality and potential conflicts of interest by the State as respondent.

AIATSIS, Dispute management, Government, Indigenous knowledge, Legal Article / paper
Country needs People Country needs People

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.

Caring for Country, Community development, Environment, Fire, Fishing, Land and sea management, Rangers / caring for country, Youth Website
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
Data sovereignty policy brief AbSec NSW Child, Family and Community Peak Aboriginal Corporation

This policy statement provides brief information for Indigenous Data Sovereignty (IDS), which refers to the right of Indigenous peoples to exercise authority over the collection, access, analysis and use of data that pertains to them.

Data sovereignty, Indigenous knowledge Policy statement
Emerging Issues in Land and Sea Management Dermot Smyth, Rod Kennett, Tran Tran, Acacia Prince-Pike, Melanie Dulfer-Hyams

Report of a workshop held on Wednesday 4th June 2014 at the National Native Title Conference, Coffs Harbour, NSW, to map current and future research and resource needs for land and sea management.

AIATSIS, Fishing, Land and sea management, NNTC (National Native Title Council), Water Report
Ethics workshop Chrissy Grant

An Ethics Workshop will be held for PBCs and Traditional Owners to be aware of best practice ethical research standards that should be used by researchers when working with Traditional Owners.

The workshop will introduce you to the themes and principles outlined in AIATSIS’s Guidelines for Ethical Research in Australian Indigenous Studies (GERAIS). Examples and case studies will help you understand how and why the GERAIS principles should be the minimum standards applied to any research on your land and sea country.

There is a concern that the PBCs and Traditional Owners are not as familiar with ethical standards as the researchers are and how they should be applied to any research. This seems to be a one-sided conversation. GERAIS will educate and inform PBCs and TOs about ethical standards in research taking place across Indigenous estates – IPAs, Ranger work including compliance and enforcement issues, Indigenous engagement in Government processes and other research as well as Native Title and PBC research. It is so critically important that PBCs and TOs know what to expect from both the researcher and the participants so that they are well informed before they enter into a research agreement.

Agreements, Ethics, NNTC (National Native Title Council) Presentation
Exercising native title rights and interests Lisa Eaton

Traditional owners- native title claimants- native title holders- members of a prescribed body corporate. Who holds what native title rights? How can you exercise such rights? Post determination rights and interests are managed through a corporation governed by western laws and values. As is now well documented, this very structure required under the Native Title Act is often at odds with Indigenous decision making structures. This paper will begin to examine post determination issues surrounding the complex and layered network of native title ‘memberships’ and the parameters within which they must operate. There is often a fundamental misunderstanding as to how traditional rights and interests can be exercised and fully leveraged by Aboriginal and Torres Strait Islander people. In order to effectively manage native title greater clarity is required.

Decision making, NNTC (National Native Title Council) Presentation
Guidelines for ethical research in Australian Indigenous studies AIATSIS

This revised comprehensive review of AIATSIS sets the highest standards of ethics and support for human rights in Aboriginal and Torres Strait Islander research. While the principles in the 2012 edition are largely retained, they have been reorganised into a new framework and augmented to reflect emerging standards and developments.

AIATSIS, Capacity building, Data sovereignty, Ethics, Research Guide
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
Implementing native title: Indigenous leadership in land and water livelihoods Rod Kennett, Tran Tran, Leah Talbot, Timothy Heffernan Matthew Barton

This report is based on the workshop, Implementing native title: Indigenous leadership in land and water livelihoods, held at the 2015 National Native Title Conference, 16-18 June, Port Douglas, Queensland. It details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories.

AIATSIS, Carbon farming, Fishing, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, IPA (Indigenous Protected Areas), Land and sea management, Rangers / caring for country Report
Indigenous data sovereignty Australian Indigenous Governance Institute

This briefing paper provides general information on the 2018 Indigenous Data Sovereignty Summit is a collaboration between the Maiam nayri Wingara Indigenous Data Sovereignty Network and the Australian Indigenous Governance Institute.

Data sovereignty, Indigenous knowledge Article / paper
Information for PBCs on changes to native title laws and obligations CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting Fact sheet
International laws and developments relating to Indigenous knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. 

Environment, Heritage, Human rights, Indigenous knowledge, Legal Article / paper
Legal context for PBC decision making Aurora

Information sheet about decision-making for PBCs.

Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) Information Sheet
Legal issues in transferring research materials from NTRB/SPs to RNTBCs Angus Frith

Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs.

Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) Presentation
Legal protection of Indigenous Knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge.

Indigenous knowledge, Indigenous law, Legal Article / paper
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