Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
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 | |
Living with native title: the experiences of registered native title corporations | Toni Bauman, Lisa M Strelein, Jessica K Weir | Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests. The influence of the renowned High Court Mabo case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 per cent of the continent. RNTBCs operate in a profoundly intercultural context where ‘western’ and Indigenous laws are constantly interpreted and negotiated as part of a new suite of landholding and land management practices for contemporary Australia. Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, Living with native title documents the experiences of RNTBCs, including those that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior to publication. Living with native title is a product of the AIATSIS research project Prescribed Bodies Corporate: Research Action Partnerships. |
Agreements, AIATSIS, Future acts, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, Indigenous law, Joint Management, Native Title Act, NTRB (Native Title Representative Body), Partnerships | Book | |
Mornington Island Restorative Justice Project report | Queensland Government | The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system. |
Community, Culture, Dispute management, Legal | Report | |
Negotiating the shared management of Matuwa and Kurrara Kurrara | Dr Tran Tran, Lindsey Langford | One of the key aspirations of native title holders is the ability to independently make decisions about and take care of country. This aspiration is often realised through collaborative management arrangements such as joint management. For many native title groups, joint management is often the only substantive land management outcome, yet there has been little research into either its planning process or its drivers. Between October 2013 and December 2014, AIATSIS undertook case study research in partnership with Central Desert Native Title Services and the Wiluna native title holders — Martu people — to document their land management journey and the critical success factors that have contributed to positive outcomes in Matuwa (Lorna Glen) and Kurrara Kurrara (Earaheedy). This report describes the research and planning undertaken as a part of the partnership. |
AIATSIS, Capacity building, Caring for Country, Collaboration, Joint Management, Land and sea management | Report | |
ORACLE - Complaints and how to manage them | Office of the Registrar of Indigenous Corporations | ORIC newsletter about managing complaints |
Dispute management, ORIC | Newsletter | |
Pathways to the co-management of protected areas and native title in Australia | Toni Bauman, Chris Haynes, Gabrielle Lauder | In recent decades, various forms of co-management of national parks and other protected areas1 by governments and Indigenous people have come to the fore. This has occurred as Indigenous peoples have progressively demanded greater access to and decisionmaking power over their traditional lands. The response of governments has also seen the aligning of a number of policy approaches that have contributed to an increase in attention to co-management. In the first instance, there has been a rapid rise in the number of protected areas in Australia since the 1960s, and this is continuing as the Commonwealth Government aims to increase the size of the Australian National Reserve System (NRS) by 25 per cent and Australia’s network of terrestrial protected areas to 125 million hectares by 2013 (Caring for Our Country 2013a).2 In addition, at least 16 per cent of Australia’s land area is now held by Indigenous peoples under a range of tenures, with much of this land being of high biodiversity value (Altman & Kerins 2012). As a mechanism for adding new protected areas to the NRS, the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has an Indigenous Protected Area (IPA) program that supports traditional owners of lands or seas who voluntarily dedicate their lands as protected areas to promote biodiversity and cultural resource conservation. IPAs now form the second largest component of the National Reserve System, covering over 3 per cent of Australia and making up 23 per cent of the NRS (SEWPaC 2013b). |
AIATSIS, IPA (Indigenous Protected Areas), Joint Management | Article / paper | |
Procedure for handling complaints or disputes | Yamatji Marlpa Aboriginal Corporation | This brochure provides a brief guide to the processes for dealing with disputes or complaints by members, clients and the general public. |
Dispute management | Guide | |
Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution and Conflict Management in Australia | National Alternative Dispute Resolution Advisory Council, AIATSIS, Community Justice Centres, Legal Aid, Northern Territory Government, State Government Victoria | The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians. The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience. |
Dispute management, Indigenous law, Legal | Report | |
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 missing piece of infrastructure: Indigenous dispute management, agreement making and decision-making services | Toni Bauman | This presentation discusses findings from AIATSIS research in the Indigenous Facilitation and Mediation Project, the Federal Court’s Solid Work you Mob are Doing dispute resolution case study project and more recent research. |
AIATSIS, Dispute management | Presentation | |
Top tips for assessing joint ventures | Forum for Directors of Indigenous Organisations | Short factsheet about joint ventures. |
Agreements, Joint Management | Information Sheet | |
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 | |
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities | Dr Tran Tran, Clair Stacey | Aboriginal and Torres Strait Islander community governance can be greatly impacted by the nature of the land tenure held or managed by the community. The fragmented system of national and state regimes which provide grants or titles of land to Aboriginal and/or Torres Strait Islander people has enabled a governance landscape where there are often overlapping rights to land. This creates a situation where relationships within an Indigenous community – and even within a traditional owner group – are competing for power and control. This is most notable with respect to how different community organisations compete for community funding, the durability of culturally appropriate governance structures and the taking of natural resources. The ability of an Indigenous community to resolve potential conflicts, created by the recognition of native title and adapt to the post-determination landscape also impacts upon a communities’ ability to respond to external pressures such as land use planning, water management and government initiated tenure reform processes. Often these conflicts appear between Registered Native Title Bodies Corporate and community or local shire councils – who have historically played the role of land manager and program administrator. This paper looks at the role of cultural governance in supporting the recognition of Indigenous landholdings and the reasons that Indigenous landholdings, in their current form, have failed to be effective in adequately mobilising economic, social and cultural resources to achieve social, cultural, environmental and health benefits in remote Indigenous communities in Western Australia and Queensland. |
Governance, ILUA (Indigenous Land Use Agreement), Joint Management, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper | |
What can we do? Conflict analysis tool | Australian Indigenous Governance Institute | Working through the questions in this conflict analysis tool will help you understand and minimise the causes of conflict. |
Business, Dispute management | Toolkit | |
What can we do? Solving disputes as a group | Australian Indigenous Governance Institute | This is a basic model for solving problems using a facilitator, adapted from a model provided by the Office of the Registrar of Indigenous Corporations. |
Dispute management, ORIC | Toolkit |