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.

The Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. 

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.

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.

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.

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.

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.

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 objective of this Good Governance Principles and Guidance for Not-for-Profit Organisations (Principles and Guidance) is to share with the NFP community some key principles that are a useful starting point for NFP boards when considering what constitutes good governance practice (with regard to their particular circumstances).

The Good Governance Principles and Guidance for Not-for-Profit Organisations (Principles and Guidance) have been created by the Australian Institute of Company Directors as part of their commitment to the not-for-profit (NFP) sector and its directors. The Principles and Guidance: • Are designed to promote and facilitate the crucial conversations and associated activities NFP organisations undertake regularly to achieve good governance. • Are not an attempt to formulate rules on what might constitute good governance practice for NFP organisations, or prescribe related behaviours and specific actions.

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

Bridging historical scholarship and Aboriginal oral tradition, this innovative book tells the story of the Gugu Badhun people of the Valley of Lagoons in North Queensland. It provides new insights into Aboriginal–European interactions, and new understandings of how Aboriginal people sustained their identities and exercised agency.

It lays bare violence and oppression, but also recognises the inter-racial cooperation and friendships which were equally part of Gugu Badhun experience. It tells of a people whose options were limited by state power and public racism but who remained proud and undaunted, making their own decisions for their collective and individual benefit.

Much of the story is told in the words of Gugu Badhun people themselves. Interviews are interspersed with commentary and analysis by the four authors, one of whom, Yvonne Cadet-James, is herself a Gugu Badhun elder.

This collaborative approach has produced a timely book for an Australia in which notions of Indigenous autonomy and self-determination are being re-imagined and re-configured.

To purchase this book please visit the AIATSIS shop via think link.

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.

AIATSIS completed three case studies in the joint management of conservation and Indigenous Protected Areas (IPAs) in partnership with the Australian Collaboration, the Australian Conservation Foundation (ACF) and the Poola Foundation (Tom Kantor Fund), as part of the AIATSIS 'Success in Aboriginal Organisations' Project.

Within this project, Ms Toni Bauman completed a case study of Nitmiluk (Katherine Gorge) National Park. Mr Dermot Smyth carried out two case studies on the Dhimurru Indigenous Protected Area and the Booderee National Park in the ACT.

About Indigenous Protected Areas

Overview of IPAs from Parks Australia