Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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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 | |
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.
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Caring for Country, Culture, Heritage, Mining | 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 | |
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 | |
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:
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 | |
Barunga Agreement | Northern Territory Government | The Northern Territory’s four Land Councils and the Northern Territory Government have today signed an historic Memorandum of Understanding (the “Barunga Agreement”), paving the way for consultations to begin with Aboriginal people about a Treaty |
Government, Indigenous knowledge, Indigenous law, Justice, Treaty | Article / paper | |
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 | |
Closed and open questions | Aurora | Explanation of closed and open questions. |
Decision making, Meetings | Information Sheet | |
Commercial opportunities from Native Title: The Antakirinja Matu-Yankunytjatjara peoples' journey to economic benefit | Ian Crombie, John Hender | The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today. This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. |
Commercial development, Community development, Future acts, Land and sea management, Mining, Strategic planning, Trusts | Presentation | |
Commissioner’s statement on PBIs | Australian Charities and Not-for-profits Commission | The purpose of this Commissioner’s Interpretation Statement is to provide guidance on the ACNC’s view on the meaning and scope of the charity subtype of ‘Public Benevolent Institution’ (PBI) for ACNC purposes. |
Government, NFP (Not-For-Profit) | Article / paper | |
Common types of decision making processes | Aurora | Outlines different methods of decision-making. |
Decision making, Meetings | Information Sheet | |
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 | |
Decision-making: Constitutions of Prescribed Bodies Corporate | Ashleigh Blechynden | 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. |
CATSI Act, Constitutions, Decision making, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Rule book | Report | |
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 | |
Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 | Parliamentary Joint Committee on Human Rights | In this report the Parliamentary Joint Committee on Human Rights (the committee) considers the Stronger Futures legislation in the performance of its role of examining bills, Acts and legislative instruments for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. |
Education, Government, Health, Human rights | Report | |
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 | |
Final report | Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples | The final report of the Committee is intended to reflect the evidence received across the wide range of matters included in the Committee’s resolution of appointment. The report sets out the Committee’s conclusions and recommendations in relation to these matters. |
Government | Report | |
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate | Geoff Buchanan | While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests. A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena. A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed. |
Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth | Article / paper |