Resources and publications

Displaying 1 to 20 of 50 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
A Toolkit for Developing Community-based Dispute Resolution Processes in First Nations Communities Canada Human Rights Commission

The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process.

Capacity building, Dispute management, Leadership Report
Aboriginal assets? the impact of major agreements associated with native title in Western Australia Sarah Prout Quicke, Alfred Michael Dockery, Aileen Hoath

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Agreements, ILUA (Indigenous Land Use Agreement), Mining, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Trusts Report
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
About Future Acts National Native Title Tribunal

Webpage from the National Native Title Tribunal detailing basic information about future acts. 

Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) Website
About Indigenous Land Use Agreements National Native Title Tribunal

Landing page on the National Native Title Tribunal website providing information on Indigenous Land Use Agreements (IULAs). 

ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) Information Sheet
Australian Indigenous Leadership Centre Australian Indigenous Leadership Centre

The Australian Indigenous Leadership Centre (AILC) aims to foster and nurture a new era of Indigenous leadership by:

  • Helping to Close the Gap between Indigenous and non-Indigenous Australians by providing Indigenous leadership training and support
  • Developing a network of graduates across Australia to provide support and further opportunities to learn and develop leadership skills
  • Researching the primary enablers of effective leadership in an Indigenous context
  • Promoting the value of Indigenous leadership nationally.

As Australia’s only national provider of accredited Indigenous leadership education programs, the AILC has transformed the lives of more than 2000 graduates since it was established in 2001.

Leadership Website
Authorisation and decision-making in native title Nick Duff

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge.

Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making.

This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.

Decision making, ILUA (Indigenous Land Use Agreement), Native Title Act, PBCs (Prescribed Body / Bodies Corporate) Book
Building Indigenous community governance in Australia: Preliminary research findings Centre for Aboriginal Economic Policy Research

This is a preliminary research report from the first year of fieldwork conducted by the Indigenous Community Governance Project (ICGP). The Project is exploring the nature of Indigenous community governance in diverse contexts and locations across Australia through a series of diverse case studies—to understand what works, what doesn’t work, and why. A comparative analysis of the Project’s case studies is revealing that governance and decision-making in Indigenous community governance is shaped by multiple historical, cultural and political relationships. Family and governance histories associated with particular communities and sets of regionally-linked communities are central features in community governance dynamics and arrangements. Strengthening Indigenous community governance requires negotiating appropriate contemporary relationships among the different Indigenous people within a region or community, and adapting or creating structures and processes to reflect important relationships. Several dimensions are being identified as being fundamental to building stronger, sustainable governance at the community and regional levels. These are the impact of the wider ‘governance environment’, cultural match and cultural geography, modes of leadership and representation, institutional capacity, organisational design and relationships, representation, decision-making processes, and human resource issues. Capacity development for governance needs to be considered within a systems framework and should be a process that actively strengthens Indigenous decision-making and control over their core institutions, goals and identity, and that enhances cultural match and legitimacy. The report concludes with some emerging issues and implications for policy makers and for Indigenous organisations and their leaders.

Capacity building, Community development, Decision making, Governance, Leadership, Partnerships Report
Contested Governance: Culture, power and institutions in Indigenous Australia Janet Hunt, Diane Smith, Stephanie Garling, Will Sanders (eds)

This collection of papers examines the dilemmas and challenges involved in the Indigenous struggle for the development and recognition of systems of governance that they recognise as both legitimate and effective.

CAEPR, Governance, Indigenous knowledge, Leadership Book
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
Detailed information on changes to native title laws and obligations CATSI Act, ILUA (Indigenous Land Use Agreement), Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting, Rule book, Special administration Fact sheet
Different models of Aboriginal and Torres Strait Islander governance Australian Indigenous Governance Institute

Aboriginal and Torres Strait Islander models of community and regional governance are based on networks of interconnected layers of leaders, groups of people, and land-ownership rights and interests. They are arranged in different ways, depending on what suits the particular community or organisation. 

Governance, Leadership Fact sheet
Effective Governance Te Puni Kōkiri

This information is designed to help trustees and directors of Māori organisations with their responsibilities and role as guardians and leaders.

It aims to support those who have taken up that challenge by sharing best practice on the essential elements of effective governance. Whether it’s for a small whanau trust or a major trading company, there are sound principles for safeguarding and growing assets for the benefit of their owners.

Governance, Leadership Website
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
Future Acts for PBCs Aurora

Information about Future Acts for PBCs. 

Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) Information Sheet