Resources and publications

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.

Types of native title claims.

'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process.

This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment.

To purchase this resource from the AIATSIS shop please follow this link. 

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.

In Australia today there are an estimated 8000 to 9000 Indigenous organisations, many of which are incorporated under Commonwealth, state or territory legislation. Their governance work is often seen by Indigenous people as nation-building: an expression of self-determination and a way of reconceptualising relations with governments and asserting unique cultural traditions.

The effective governance of these organisations is critical to attracting funding, promoting sustainable economic activity and building resilient communities. It is now recognised that Indigenous governance and the governance of governments are intertwined and the latter is receiving greater critical scrutiny.

A growing number of research projects, governance building initiatives and practical resources are providing evidence of what works, what doesn’t and why. But the opportunities to evaluate this evidence, consider strategic priorities and build collaborations are limited.

On 29–30 July 2014, AIATSIS and AIGI convened an Indigenous governance forum in Canberra to provide such an opportunity. In preparation, a survey of Indigenous governance research, practical resources and future needs was widely circulated. This report provides a synthesis of ideas, comments, issues and possibilities identified through the survey and the forum.

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.

Explanation of closed and open questions.

Outlines different methods of decision-making.

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

This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector. This snapshot examines the decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors.

ORIC fact sheet about differences between the CATSI Act and the Corporations Act.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

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.

These presentation slides during National Native Title Conference 2015 present the topic, good Indigenous governance and effective native title management: Travelling companions on the road to Self Determination. 

The topic 'Rules and policies' from the Indigenous Governance Toolkit has six sections,

1. Governance rules and policies
2. What are governance rules?
3. Governance rules and culture
4. Running effective meetings
5. Policies for organisations
6. Case studies

The topic 'Governing the Organisation' from the Indigenous Governance Toolkit has nine sections.

1. Governing the organisation
2. Roles, responsibilities and rights of a governing body
3. Accountability: what is it, to whom and how?
4. Decision-making by the governing body
5. Governing finances and resources
6. Communicating
7. Future planning
8. Building capacity and confidence for governing bodies
9. Case studies

In the Native Title ‘hot tub’ outlines the history and development of expert conferencing and expert concurrent evidence in Australia, including in the Federal Court. These approaches to expert evidence are a major development of the last decade, greatly reducing the hearing time of Native Title proceedings and the costs to the parties involved. The authors explore how expert conferences and concurrent evidence can narrow the issues in the Native Title claims of Aboriginal and Torres Strait Islander people, discussing in particular their experiences in four recent cases.