Resources and publications

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.

'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. 

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.

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.

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.

This is a preliminary research report from the first year of fieldwork conducted by the Indigenous Community Governance Project (ICGP). The Project is exploring the nature of Indigenous community governance in diverse contexts and locations across Australia through a series of diverse case studies—to understand what works, what doesn’t work, and why. A comparative analysis of the Project’s case studies is revealing that governance and decision-making in Indigenous community governance is shaped by multiple historical, cultural and political relationships. Family and governance histories associated with particular communities and sets of regionally-linked communities are central features in community governance dynamics and arrangements. Strengthening Indigenous community governance requires negotiating appropriate contemporary relationships among the different Indigenous people within a region or community, and adapting or creating structures and processes to reflect important relationships. Several dimensions are being identified as being fundamental to building stronger, sustainable governance at the community and regional levels. These are the impact of the wider ‘governance environment’, cultural match and cultural geography, modes of leadership and representation, institutional capacity, organisational design and relationships, representation, decision-making processes, and human resource issues. Capacity development for governance needs to be considered within a systems framework and should be a process that actively strengthens Indigenous decision-making and control over their core institutions, goals and identity, and that enhances cultural match and legitimacy. The report concludes with some emerging issues and implications for policy makers and for Indigenous organisations and their leaders.

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.

Advice for dealing with complaints.

Australian Indigenous land and sea managers have repeatedly called for an independent national Indigenous land and sea managers network. Such a network would link top down and bottom up information exchanges, promoting shared understandings of issues and opportunities. The network would provide government with a vehicle to both inform and learn from local Indigenous groups, including community rangers, on local, national and international matters of environmental significance. It also provides an opportunity for Indigenous managers to come together to develop positions on policy that affects land and sea management such as Working on Country and Indigenous Protected Areas.

The network would not do business on behalf of people or replicate existing local or regional networks or institutions, but would provide strategic support, coordinate communication and identify opportunities for group to group skills and knowledge exchange. The network aims to provide professional support through a coordinated learning environment that facilitates the identification of effective resources, research, technologies and tools for use by Indigenous land and sea managers within Australia. This workshop provides an opportunity for Land & Sea Managers to come together to discuss the purpose and scope of a national network, including governance, networking and membership.

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.

Managing disputes and the role of ORIC in resolving disputes.

The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,

1. Dealing with disputes and complaints
2. Aboriginal and Torres Strait Islander and non-Indigenous approaches
3. Core principles and skills for dispute and complaint resolution
4. Disputes and complaints about governance
5. Your members: dealing with disputes and complaints
6. Organisations: dealing with internal disputes and complaints
7. Practical guidelines and approaches
8. Case studies

ORIC policy statement explaining their role in resolving disputes involving corporations.

An guide to creating a board dispute resolution policy.

This fact sheet provides information about Free, Prior and Informed Consent (FPIC) and best practice for engagement with Traditional Owners. The fact sheet explains what FPIC means and how you can get in contact with PBCs, land councils, registered Aboriginal parties, native title representative bodies and service providers in Australia.

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.

Vimeo page by Kanyirninpa Jukurrpa. Includes videos about their,

• Leadership program
• Partnerships
• Land management

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

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.