Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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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 | |
Board Code of Conduct | PBC website | This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff. |
Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff | Checklist | |
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 | |
Building Indigenous community governance in Australia: Preliminary research findings | Centre for Aboriginal Economic Policy Research | 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. |
Capacity building, Community development, Decision making, Governance, Leadership, Partnerships | Report | |
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 | |
Communicating with youth workbook for PBCs | PBCs have to think about succession. This workbook is for PBCs who want to engage with young Aboriginal and Torres Strait Islanders in their community and region. It provides information, practical tips and ideas how to communicate and get them involved. |
Communication, PBCs (Prescribed Body / Bodies Corporate), Youth | Workbook | ||
Complaints involving corporations | Office of the Registrar of Indigenous Corporations | Advice for dealing with complaints. |
Dispute management, ORIC | Information Sheet | |
Contact Persons and Secretaries | Office of the Registrar of Indigenous Corporations | Outlining the role of contact persons and secretaries for corporations registered under the CATSI Act. |
ORIC, Secretary | Information Sheet | |
Country needs People | Country needs People | The Country Needs People campaign is fighting for the growth and security of opportunities for land and sea country management by Aboriginal and Torres Strait Islander peoples. |
Caring for Country, Community development, Environment, Fire, Fishing, Land and sea management, Rangers / caring for country, Youth | Website | |
Developing a National Indigenous Land and Sea Managers Network | Duane Fraser | 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. |
IPA (Indigenous Protected Areas), Land and sea management, Partnerships, Rangers / caring for country | Presentation | |
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 | |
Engaging with Traditional Owners | Christiane Keller | 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. |
Indigenous knowledge, Partnerships, Research | Fact sheet | |
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate | Geoff Buchanan | 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. |
Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth | Article / paper |