Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
PBC decision-making, certification and fees for service | National Indigenous Australians Agency | This Discussion Paper explains how native title decisions and decisions to make a compensation application are to be made by Prescribed Bodies Corporate (PBCs) and explains the decision-making processes available to PBCs and common law holders. It also includes information on when PBCs can charge fees for their services. |
Decision making, Fee for service | Report | |
PBC decision-making, certification and fees for service discussion paper | CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book | Fact sheet | |||
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward | David Ritter | This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision. |
Land rights, Legal, Native Title Act, Water rights | Article / paper | |
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors | The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices. The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted. The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities. Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support. The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities. |
AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights | Policy statement | ||
Taungurung Decision-Making Guide | Toni Bauman, Belinda Burbidge, Chris Marshall | Taungurung Land and Waters Council and AIATSIS collaboratively produced a decision-making guide for Taungurung people to use in governance. The guide contains practical information on:
The guide is of practical use for Taungurung Land and Waters Council in governance, assisting communication and engagement, inducting new board members, and managing disagreements about procedures and policies. It will also be of interest to other Indigenous corporations that are working on their own decision-making structures, processes and models, particularly native title Prescribed Bodies Corporate (PBCs) and other traditional owner corporations. |
AIATSIS, Board, CEO, Chairperson, Decision making, Directors, Dispute management, Governance, Members, PBCs (Prescribed Body / Bodies Corporate) | Guide | |
The Satisfaction Triangle | Aurora | Outlines the 'satisfaction triangle'- a model for decision-making. |
Decision making, Meetings | Information Sheet | |
The two-way governance resources | Ninti One | The Two-way Governance Resource has been designed to support and promote two way learning and informed decision making (related to mainstream governance) in remote Aboriginal Communities in the Northern Territory. |
Community, Decision making, Governance | Presentation | |
Thuwathu / Bujimulla Sea Country Plan | Peoples from the Wellesley Island region | This plan is to explain cultural relationship of the Aboriginal Traditional Owners of the Wellesley Islands region of the southern Gulf of Carpentaria and obligations to the Sea Country, and to outline their ideas and commitments for its sustainable use and management. |
Land and sea management, Land and water, Land rights, Water rights | Report | |
Traditional decision making in native title - finding a pathway through the cultural, legal and administrative maze | Mr Graham Castledine, Mr Royce Evans, Elaine James | Since the commencement of the Native Title Act, traditional owners have been asked to negotiate and make important decisions concerning their native title. While the Act allows for and even encourages the use of traditional decision making, this is required to be blended with modern Western notions of corporate governance and meeting procedures. The recent decision of the Federal Court in McGlade has underlined some of the difficulties associated with the requirements of the Act for reaching decisions on important matters, and has raised questions about the proper roles of the registered native title claimants and the broader native title community. After native title has been determined, traditional owners must develop complex processes which accommodate longstanding cultural norms as well as the onerous requirements of the NTA and CATSI Act. If not handled maturely and sensitively, these processes can result in feelings of disempowerment and disengagement as well as causing or exacerbating intra-indigenous conflict. The paper will examine Court decisions which have highlighted problems with the cultural clashes which have resulted from the current system and also look at some innovative approaches which one PBC is developing in order to truly honour the cultural knowledge of the traditional owners. For access to Castledine, Evans & James' paper on the topic follow this link. |
Decision making, PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Voices of Our Success (executive overview) Sharing stories and analysis from the 2014 Indigenous Governance Awards | Australian Indigenous Governance Institute, Reconciliation Australia | The Indigenous Governance Awards celebrate success in Aboriginal and Torres Strait Islander organisations nationwide. The awards provide a fantastic opportunity to gain insight into current innovation, practices and understanding of Indigenous governance. An analysis of the top ranked 2014 applicants’ governance solutions are presented in Voices of Our Success: Sharing stories and analysis from the 2014 Indigenous Governance Awards published by the Australian Indigenous Governance Institute and Reconciliation Australia. Here we share an overview of key findings. |
Decision making, Governance, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Voices of Our Success (full report) Sharing the stories and analysis from the 2014 Indigenous Governance Awards | Australian Indigenous Governance Institute, Reconciliation Australia | The Indigenous Governance Awards celebrate success in Aboriginal and Torres Strait Islander organisations nationwide. The awards provide a fantastic opportunity to gain insight into current innovation, practices and understanding of Indigenous governance. An analysis of the top ranked 2014 applicants’ governance solutions are presented in Voices of Our Success: Sharing stories and analysis from the 2014 Indigenous Governance Awards published by the Australian Indigenous Governance Institute and Reconciliation Australia. |
Decision making, Dispute management, Governance, Leadership | Report |