Resources and publications

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.

A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles.

In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. 

In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different.

Anthropologists play a significant role in the native title system in Australia, especially in undertaking connection research to demonstrate the evidentiary basis of claims. In 2010, recognising the lack of sufficiently qualified anthropologists working in native title, the Australian Government introduced a grants program to attract and retain practitioners. This paper describes a field school in the Northern Territory that was funded through the Native Title Anthropologist Grants Program. Through dialogue and interaction with the Aboriginal community, the organisers aimed to expose and interpret ideas, practices, memories, mythologies, relationships and other aspects of society and culture in the terms required for the demonstration of native title. Both novel and successful, the field school points the way for future training initiatives in native title anthropology.

The National Native Title Conference 2016 (the conference) was co-convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Northern Land Council, and hosted by the Larrakia people in Darwin, Northern Territory, 1-3 June 2016.

With the success of past Indigenous talking circles, such as the men’s and women’s circles at the conference each year, and a growing level of recognition of the importance and value of Indigenous youth voices in the native title sector, this year’s conference program became host to the inaugural Indigenous youth forum.

The forum, comprising two talking circles held on the first and last day of the conference, aimed to maximise the potential attendance of conference delegates under the age of 35 years. The forum was facilitated by Natalie Rotumah, CEO of NTSCorp, and attended by 24 delegates from the Northern Territory, Western Australia, Queensland, New South Wales and the Australian Capital Territory. Also in attendance was Professor Taiaiake Alfred, international keynote speaker and Professor of Indigenous Governance and Political Science at the University of Victoria, British Columbia. Professor Alfred led discussions around cultural resurgence and confidence and provided an international perspective on the issues discussed by the delegates, using his extensive experience advising First Nations governments on Indigenous land, governance and youth issues. The delegates shared their native title experiences and aspirations, and examined the barriers to their participation in the native title sector. The delegates then explored ways of overcoming the barriers to achieve increased youth involvement in the sector.

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land.

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:

• Compliance and legal requirements
• Decision-making models
• Separation of powers
• Conflicts of interest
• Subsidiarity
• Cultural governance

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.

The Far West Coast journey from Applicant through to Consent Determination and holding Native Title has been an exciting one. There have been considerable challenges and we have faced many obstacles. Along the way we have also learnt many valuable lessons, not the least that we needed even more change and further development once Native Title was granted and we began a new life as a PBC.

Today, as a young PBC we are on track to be a self-supporting and stand-alone resource for our members. We now have commercial ventures, investments and an Aboriginal Trust that we own and operate. Our presentation seeks to share how we got here and the changes to structures, practices and our organisation to achieve early success as a PBC and a group of entities.

Outlines the 'satisfaction triangle'- a model for decision-making.

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.

Factsheet about recruiting an Independent director for an Indigenous Corporation or trust

Short factsheet about succession planning for Aboriginal Organisations

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.

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.

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. 

The research informing this paper engaged directly with young Aboriginal and Torres Strait Islander people about their experiences of native title. This paper reveals a number of emerging issues for the native title sector and related fields such as governance, land and water management, and the wider community sector. Key insights in this paper include the evolving ways in which connections to country and culture are being experienced; the importance of active and ongoing support and mentorship; and the need for improved access to native title knowledge and information.

This workbook is for young Aboriginal and Torres Strait Islanders wanting to get involved with native title and their Prescribed Bodies Corporate (PBC). It provides information, practical tips and ideas how to get involved and connect with other like minded people. It also provides a list of relevant training opportunities.

National Native Title Conference 2016-Youth Forum 

Speech by Murrawah Johnson from the 2017 National Native Title Conference. Johnson explores engaging 'Gen NT' and continuing to bring land justice to the forefront of youth movements.