Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting | Toni Bauman, David Parsons | This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents. |
AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research | Report | |
AGM Road mapping tool | Norton Rose Fulbright | This AGM roadmap has been updated to reflect the significant rule changes that have recently been made for virtual meetings. It remains a user-friendly tool that can be adapted to your entity’s specific needs. In addition to a clear list of deliverables, the roadmap provides you with a regulatory background for each step and prompts you to take action within automatically-generated deadlines. |
AGM (Annual General Meeting), Meetings | Guide | |
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 | |
Big meeting checklist | Aurora | Checklist to help prepare for large community meetings. |
AGM (Annual General Meeting), Meetings | Checklist | |
Board Code of Conduct | PBC website | This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff. |
Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff | Checklist | |
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 | |
Common types of decision making processes | Aurora | Outlines different methods of decision-making. |
Decision making, Meetings | Information Sheet | |
Contact Persons and Secretaries | Office of the Registrar of Indigenous Corporations | Outlining the role of contact persons and secretaries for corporations registered under the CATSI Act. |
ORIC, Secretary | Information Sheet | |
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 | |
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 | |
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 | |
Information for PBCs on changes to native title laws and obligations | CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting | Fact sheet | |||
International laws and developments relating to Indigenous knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. |
Environment, Heritage, Human rights, Indigenous knowledge, Legal | Article / paper | |
Legal context for PBC decision making | Aurora | Information sheet about decision-making for PBCs. |
Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Legal issues in transferring research materials from NTRB/SPs to RNTBCs | Angus Frith | Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs. |
Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Legal protection of Indigenous Knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge. |
Indigenous knowledge, Indigenous law, Legal | Article / paper | |
Lhere Artepe Policy and Procedure Guide | Lhere Artepe Aboriginal Corporation RNTBC | Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC |
Directors, Dispute management, Meetings, Policies, Reporting | Policy statement |