Resources and publications

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Factsheet about having independent directors on the board.

The Australian Institute of Company Directors is committed to excellence in governance. They are involved in governance education, director development and advocacy. They have a membership of more than 40,000 including directors and senior leaders from business, government and the not-for-profit sectors. Their website contains a range of resources for directors as well as information about training courses.

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

Outlining the roles and responsibilities of directors and officers for corporations under the CATSI Act.

While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests.

A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena.

A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed.

This guidebook provides information on how to select independent directors for the Aboriginal boardroom. 

Independent Directory connects skilled and interested people looking to become an independent director with Aboriginal and Torres Strait Islander corporations looking to appoint the right independent directors to their boards. It is a free service that allows: *Individuals to register an interest in being an independent director, identifying their experience and skills. *Aboriginal and Torres Strait Islander corporations to promote board vacancies. The service finds matches and allows candidates and corporations to initiate contact with each other. Candidates and corporations are in control of how much detail they reveal about themselves to the public and what they show only to their connections.

In 2017 the APONT Aboriginal Governance & Management Program facilitated a NT-wide forum for senior managers and board members of NT Aboriginal organisations, bringing them together to network and share stories to strengthen and build their capacity in management and governance. This report provides an overview of the presentations from this forum.

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. 

Outlines the treatment of income tax under native title agreements

ORIC newsletter about the role of directors.

ORIC newsletter about the separation of roles in a corporation.

ORIC newsletter about choosing directors for the board.

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.

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.

This paper discusses the current state of play regarding income tax and GST issues in relation to native title agreements, including recent reforms and ongoing areas of uncertainty.

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.

10 tips for setting director renumeration.