Resources and publications

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.

This paper examines the potential for native title organisations with limited asset bases to engage in successful commercial activity through joint venture enterprises. 

Firstly, we describe the development of the Federation of Victorian Traditional Owner Corporations as a state ‘peak-body’ of local native title organisations. We then discuss the Federation’s program of economic and commercial development both for its members and as an entity in itself, including the establishment of its incorporated joint ventures; Barpa Constructions Pty Ltd and On Country Heritage and Consulting Pty Ltd and commentary on the significance of the Commonwealth’s Indigenous Procurement Policy as a factor in this process.

The final section of the paper draws upon the experience of the Federation to examine how the legitimacy bestowed by the community ownership of native title organisations’ businesses creates a market advantage which is attractive to joint venture partners and can more than offset and deficit in terms of monetary resources available for investment in a newly established enterprise.

The paper concludes by reflecting that the market advantage bestowed by community ownership may well be a product of the racism inherent in Australian society’s hostility to wealthy Indigenous individuals.

This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff.

This board induction checklist provides a downloadable template for your PBC to formalise the induction process of new board members. It contains suggestions on documents to be included in an induction kit and when and by whom the new board is inducted. 

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.

While Indigenous people make up just five percent of the global population, the areas they manage contain approximately 80 percent of the Earth’s biodiversity. 

In this context, there is an undeniably central role for Indigenous people to play in conservation management, but conversely, a significant risk that indigenous rights will be negatively impacted or undermined by conservation agendas. 

This panel will explore Indigenous experiences with conservation management, highlighting the opportunities and challenges faced by native title holders within this context.

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.

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.

Australian Indigenous land and sea managers have repeatedly called for an independent national Indigenous land and sea managers network. Such a network would link top down and bottom up information exchanges, promoting shared understandings of issues and opportunities. The network would provide government with a vehicle to both inform and learn from local Indigenous groups, including community rangers, on local, national and international matters of environmental significance. It also provides an opportunity for Indigenous managers to come together to develop positions on policy that affects land and sea management such as Working on Country and Indigenous Protected Areas.

The network would not do business on behalf of people or replicate existing local or regional networks or institutions, but would provide strategic support, coordinate communication and identify opportunities for group to group skills and knowledge exchange. The network aims to provide professional support through a coordinated learning environment that facilitates the identification of effective resources, research, technologies and tools for use by Indigenous land and sea managers within Australia. This workshop provides an opportunity for Land & Sea Managers to come together to discuss the purpose and scope of a national network, including governance, networking and membership.

Westpac commissioned Urbis to undertake research to understand the key drivers of economic development for Indigenous Australians. The aim of the research was to provide an evidence-base analysis of factors that support entrepreneurship and economic development, building on Australian and international literature and research.

The overarching research question was: What factors lead to successful economic development and job creation in Indigenous communities?

This step-by-step instruction manual is packed with practical advice for managers and supervisors who are on the frontline of hiring and retaining staff. 

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.

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

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.

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.

This document provides guidance for applicants applying for PBC Capacity Building grant funding under the IAS. It provides key information to assist applicants to complete the application form and should be read in conjunction with the IAS Grant Guidelines. An Application Form and draft Project Agreement together with the IAS Guidelines can be found on the Department’s website.