Resources and publications

Displaying 1 to 20 of 21 results.
Title Author /s Summary Date Tag(s) Type
Barni-Wardimantha Awara (Don’t Spoil the Country) – Yanyuwa Sea Country Plan Dr John Bradley, Yanyuwa Families

The Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. 

Land and sea management, Land and water, Land rights, Water rights 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
Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126) Australian Law Reform Commission

This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

Community development, Indigenous knowledge, Indigenous law, Native Title Act, Resolution Report
Differences between the CATSI Act and the Corporations Act Office of the Registrar of Indigenous Corporations

ORIC fact sheet about differences between the CATSI Act and the Corporations Act.

CATSI Act, Exemptible rules, Native Title Act, ORIC, Special administration Fact sheet
Ethics workshop Chrissy Grant

An Ethics Workshop will be held for PBCs and Traditional Owners to be aware of best practice ethical research standards that should be used by researchers when working with Traditional Owners.

The workshop will introduce you to the themes and principles outlined in AIATSIS’s Guidelines for Ethical Research in Australian Indigenous Studies (GERAIS). Examples and case studies will help you understand how and why the GERAIS principles should be the minimum standards applied to any research on your land and sea country.

There is a concern that the PBCs and Traditional Owners are not as familiar with ethical standards as the researchers are and how they should be applied to any research. This seems to be a one-sided conversation. GERAIS will educate and inform PBCs and TOs about ethical standards in research taking place across Indigenous estates – IPAs, Ranger work including compliance and enforcement issues, Indigenous engagement in Government processes and other research as well as Native Title and PBC research. It is so critically important that PBCs and TOs know what to expect from both the researcher and the participants so that they are well informed before they enter into a research agreement.

Agreements, Ethics, NNTC (National Native Title Council) Presentation
Free prior and informed consent, engagement and consultation An emerging bibliography Toni Bauman, Zeljko Jokic, Dr Christiane Keller, Lara Wiseman

An emerging bibliography on free prior and informed consent, engagement and consultation.

Ethics, FPIC (Free Prior Informed Consent) Report
Guidelines for ethical research in Australian Indigenous studies AIATSIS

This revised comprehensive review of AIATSIS sets the highest standards of ethics and support for human rights in Aboriginal and Torres Strait Islander research. While the principles in the 2012 edition are largely retained, they have been reorganised into a new framework and augmented to reflect emerging standards and developments.

AIATSIS, Capacity building, Data sovereignty, Ethics, Research Guide
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
Information for PBCs on changes to native title laws and obligations CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting Fact sheet
Native title and commercial fisheries: the Torres Strait sea claim Gabrielle Lauder, Lisa Strelein

For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially.

AUSTLII, Fishing, Native Title Act, Water rights Article / paper
Native Title Report 2000 Australian Human Rights Commission

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. 

This report examines:

human rights and native title

  • the extinguishment of native title
  • native title and sea rights 
  • indigenous heritage and native title.
Heritage, Land and sea management, Land rights, Native Title Act, Water rights Report
Native Title Report 2006 Australian Human Rights Commission

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land.

Agreements, Commercial development, Finance, Funding, Land rights, Mining, Water rights Report
Native Title Report 2007 Australian Human Rights Commission

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land.

Collaboration, Fishing, ILUA (Indigenous Land Use Agreement), Native Title Act, Water rights Report
Native Title Report 2008 Australian Human Rights Commission

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land.

Caring for Country, Environment, Indigenous knowledge, Land and sea management, Water rights Report
Ngarrindjeri Nation Yaruwar-Ruwe Plan Ngarrindjeri people, South Australia

A key purpose of the plan was to better educate government and nongovernment agencies, researchers and the wider Australian public on Ngarrindjeri connection to Country and their associated rights and obligations to Yarluwar-Ruwe

Culture, Land and sea management, Land and water, Land rights, Water rights Report
Overturning aqua nullius: Securing Aboriginal water rights Virginia Marshall

Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia.

Water, Water rights Book
PBC decision-making, certification and fees for service discussion paper CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book Fact sheet
Policy statement on exemptions Office of the Registrar of Indigenous Corporations

In this policy statement, the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) provides guidance on when an exemption will be granted and the circumstances in which the Registrar may grant.

Exemptible rules Policy statement
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward David Ritter

This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision.

Land rights, Legal, Native Title Act, Water rights Article / paper
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors

The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices.

The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted.

The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities.

Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support.

The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities.

AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights Policy statement