Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
A Toolkit for Developing Community-based Dispute Resolution Processes in First Nations Communities | Canada Human Rights Commission | The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process. |
Capacity building, Dispute management, Leadership | Report | |
Against Native Title | Dr Eve Vincent | 'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process. This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment. To purchase this resource from the AIATSIS shop please follow this link. |
Dispute management, Native Title Act | Book | |
Alternative dispute resolution (ADR) in Aboriginal contexts: A critical review | Wenona Victor for the Canadian Human Rights Commission | What processes are available to help Aboriginal people resolve their conflicts internally? What are the most common challenges implementing such a process? This report examines three dispute resolution processes and the differences between Indigenous and Western practices. |
Dispute management | Article / paper | |
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 | |
Banking the credit of community ownership – the Victorian experience | Jeremy Clark, Janine Coombs | This paper examines the potential for native title organisations with limited asset bases to engage in successful commercial activity through joint venture enterprises. Firstly, we describe the development of the Federation of Victorian Traditional Owner Corporations as a state ‘peak-body’ of local native title organisations. We then discuss the Federation’s program of economic and commercial development both for its members and as an entity in itself, including the establishment of its incorporated joint ventures; Barpa Constructions Pty Ltd and On Country Heritage and Consulting Pty Ltd and commentary on the significance of the Commonwealth’s Indigenous Procurement Policy as a factor in this process. The final section of the paper draws upon the experience of the Federation to examine how the legitimacy bestowed by the community ownership of native title organisations’ businesses creates a market advantage which is attractive to joint venture partners and can more than offset and deficit in terms of monetary resources available for investment in a newly established enterprise. The paper concludes by reflecting that the market advantage bestowed by community ownership may well be a product of the racism inherent in Australian society’s hostility to wealthy Indigenous individuals. |
Commercial development, Federation of Victorian Traditional Owner Corporation, Finance, PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Barunga Agreement | Northern Territory Government | The Northern Territory’s four Land Councils and the Northern Territory Government have today signed an historic Memorandum of Understanding (the “Barunga Agreement”), paving the way for consultations to begin with Aboriginal people about a Treaty |
Government, Indigenous knowledge, Indigenous law, Justice, Treaty | Article / paper | |
Board dispute resolution policy template | Effective Governance | The board of [Organisation] is committed to reaching a prompt and fair resolution of any disputes, conflicts, or disagreements that may arise from time to time, and that may threaten the functioning of the board. |
Dispute management, Governance | Template | |
Check-up: Our dispute resolution processes | Australian Indigenous Governance Institute | All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation. |
Dispute management, Governance, Resolution | Guide | |
Commissioner’s statement on PBIs | Australian Charities and Not-for-profits Commission | 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. |
Government, NFP (Not-For-Profit) | Article / paper | |
Complaints involving corporations | Office of the Registrar of Indigenous Corporations | Advice for dealing with complaints. |
Dispute management, ORIC | Information Sheet | |
Dispute management: 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 looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes. |
AIATSIS, CATSI Act, Dispute management, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Dispute resolution | Office of the Registrar of Indigenous Corporations | Managing disputes and the role of ORIC in resolving disputes. |
Dispute management, ORIC | Information Sheet | |
Disputes and complaints | Indigenous Governance Toolkit | The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,
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Dispute management, Governance | Information Sheet | |
Disputes involving Corporations | Office of the Registrar of Indigenous Corporations | ORIC policy statement explaining their role in resolving disputes involving corporations. |
Dispute management, ORIC | Information Sheet | |
Effective Governance: Board Dispute Resolution Policy | Effective governance | An guide to creating a board dispute resolution policy. |
Board, Dispute management | Information Sheet | |
Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 | Parliamentary Joint Committee on Human Rights | In this report the Parliamentary Joint Committee on Human Rights (the committee) considers the Stronger Futures legislation in the performance of its role of examining bills, Acts and legislative instruments for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. |
Education, Government, Health, Human rights | Report | |
Final report | Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples | The final report of the Committee is intended to reflect the evidence received across the wide range of matters included in the Committee’s resolution of appointment. The report sets out the Committee’s conclusions and recommendations in relation to these matters. |
Government | Report | |
First glance: A draft template for surveying your land and native title claim archives | AIATSIS | This template will assist you to complete a ‘first glance’ survey of materials in your personal archives. While designed primarily to survey materials produced under the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth) (ALRA) and the Native Title Act 1993 (Cth) (NTA), the template will assist in surveying other materials. This template has been peer-reviewed but remains as a draft to be trialled and to obtain further advice around the documenting of digital archives. For updates see Aboriginal land rights in the Northern Territory: Documenting and preserving the records and memories. |
Native title claim | Template | |
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity | Closing the Gap Clearinghouse | Resource sheet no. 10 produced for the Closing the Gap Clearinghouse |
Capacity building, Government | Report | |
Indigenous Facilitation and Mediation Project | AIATSIS | The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches. |
AIATSIS, Dispute management, Resolution | Report |