Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Analysing key characteristics in Indigenous corporate failure: Research Paper | Office of the Registrar of Indigenous Corporations | This research paper aims to better understand factors that contribute to corporate failure in Indigenous corporations. |
NTRB (Native Title Representative Body), PBCs (Prescribed Body / Bodies Corporate) | 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 | |
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 | |
Central Land Council community development podcast series | David Martin; Centre for Native Title Anthropology | The Centre for Native Title Anthropology is giving attention to the role of anthropologists in the post-determination phase. It investigates the methodology and learnings of the CLC community development unit in working with groups and communities in managing income streams from their lands for wider benefit is of considerable potential interest to anthropologists. It offers an illustrative example of the intense, collaborative engagement that is necessary at this intersection of Aboriginal and wider value systems, where monies gained from activities on Aboriginal lands are invested into broader community benefit. For these reasons, there is much to learn which is relevant to the governance of compensation funds held in trust by PBC and other entities (such as those established under mining agreements with Aboriginal groups). The podcast series also investigates the ethical and political issues they all face as anthropologists working with Aboriginal groups on social change in a framework of self-determination. David Martin interviews Ian Sweeney, the Unit’s Manager, and four of the Project Officers, Dave Howard, Cecilia Tucker, Dianna Newham, and Carl O’Sullivan. |
Commercial development, Community, Community development, Education, Funding, NTRB (Native Title Representative Body) | Presentation | |
Closed and open questions | Aurora | Explanation of closed and open questions. |
Decision making, Meetings | Information Sheet | |
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 | |
Consolidated report on Indigenous Protected Areas following Social Return on Investment analyses | Social Ventures Australia | PM&C commissioned SVA Consulting to understand, measure or estimate and value the changes resulting from the investment in five IPAs across Australia. The Social Return on Investment (SROI) methodology was used to complete each of these analyses, which were informed by interviews with 143 stakeholders as well as desktop research canvassing relevant qualitative and quantitative data. |
Caring for Country, Community development, IPA (Indigenous Protected Areas), Land and sea management, Tourism, Training | Report | |
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 | |
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 | |
Free Management Library | Free Management Library | The Free Management Library provides free, easy-to-access, online articles to develop yourself, other individuals, groups and organizations (whether the organization is for-profit or nonprofit). Over the past 15 years, the Library has grown to be one of the world's largest well-organized collections of these types of articles and resources. |
Capacity building, Commercial development, Governance, Training | Website | |
Funding Options for PBCs | Department of the Prime Minister and Cabinet (PM&C) | Prescribed Bodies Corporate (PBCs) can access funding through one or more of PM&C's four funding streams. If you are unsure which funding stream is appropriate to apply for you can seek advice from the Native Title Representative Body/Service Provider (NTRB/SP) in your region or your PM&C Regional Office on 1800 079 098. This document provides useful advice about the different PM&C funing options for PBCs
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Capacity building, Funding, Training | Information Sheet | |
Governance Rules and Policies | Indigenous Governance Toolkit | The topic 'Rules and policies' from the Indigenous Governance Toolkit has six sections,
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Decision making, Governance, Meetings, Policies | Toolkit | |
Governing the Organisation | Indigenous Governance Toolkit | The topic 'Governing the Organisation' from the Indigenous Governance Toolkit has nine sections.
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Decision making, Governance, Leadership, Strategic planning | Information Sheet | |
Guidelines on how to participate | National Landcare Programme | This guide provides a general overview of the National Landcare Programme (NLP) investment, which includes investing in projects that build on our partnerships with Indigenous people and communities so they have the opportunity to fully participate in land and sea management, drawing on their significant and unique knowledge, skills and responsibilities. |
Employment, Environment, EPBC Act (Environment Protection and Biodiversity Conservation), Land and sea management, Training, Volunteering | Guide | |
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity | Closing the Gap Clearinghouse | Resource sheet no. 10 produced for the Closing the Gap Clearinghouse |
Capacity building, Government | Report |