Resources and publications

Displaying 1 to 20 of 24 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal cultural safety workbook Community Legal Centres NSW

This Workbook is a working document to guide and assist NSW Community Legal Centres in their cultural learning, as well as documenting the progression of cultural safety in Centres for Aboriginal and Torres Strait Islander people and communities.

Indigenous knowledge, Indigenous law Workbook
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
Becoming a corporation member Office of the Registrar of Indigenous Corporations

Overview of the rights and responsibilities for members in Indigenous corporations registered under the CATSI Act.

Members, ORIC Information Sheet
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
Creating Archives AIATSIS

This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive.  Links to other resources and contacts are also contained in the booklet.

 

AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law Information Sheet
Culture and Governance Indigenous Governance Toolkit

The topic 'Culture and Governance' from the Indigenous Governance Toolkit has four sections,

  1. Culture and Governance
  2. Indigenous governance and culture
  3. Two-way governance
  4. Case studies
Governance, Indigenous knowledge, Indigenous law Information Sheet
Detailed information on changes to native title laws and obligations CATSI Act, ILUA (Indigenous Land Use Agreement), Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting, Rule book, Special administration Fact sheet
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes Elizabeth Harvey

The recognition of native title in the Mabo decision has led to consideration and debate in the media and the Australian community over the content and scope of native title rights for hunting, fishing and the taking and using of resources.

This presentation will look at the content of these native title rights, and how they are understood and regulated, including the protections in section 211 of the Native Title Act, the effect of the decision in Yanner v Eaton (1999) 201 CLR 351, and how this interacts with other environmental management and threatened species legislation. It will then look forward to more recent recognition of commercial fishing and trading rights, as considered in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 and Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776, how those rights can be demonstrated and their interaction with government regulation.

Commercial development, Fishing, Hunting, Right to take Presentation
Independent director guide Aboriginal Governance and Management Program

This guidebook provides information on how to select independent directors for the Aboriginal boardroom. 

Board, Directors, Members, ORIC Guide
Indigenous Knowledge: Issues for protection and management Terri Janke, Maiko Sentina

This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. 

Culture, Indigenous knowledge, Indigenous law, Language Article / paper
Legal protection of Indigenous Knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge.

Indigenous knowledge, Indigenous law, Legal Article / paper
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
Making decisions Office of the Registrar of Indigenous Corporations

ORIC newsletter about making decisions. 

Decision making, Meetings, Members, ORIC Newsletter
Managing conflict: A guide for boards Governing Good

This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. 

Board, Directors, Members, NFP (Not-For-Profit), Volunteering Guide
Meetings for Members Office of the Registrar of Indigenous Corporations

Guide for running general meetings for corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

CATSI Act, Meetings, Members, ORIC Information Sheet
Member's Rights Office of the Registrar of Indigenous Corporations

Outline of the rights of members of Indigenous corporations.

CATSI Act, Members, ORIC Information Sheet
ORACLE - Separation of Roles Office of the Registrar of Indigenous Corporations

ORIC newsletter about the separation of roles in a corporation.

Directors, Members, ORIC, Staff Newsletter
Our Country Our Way: Guidelines for Australian Indigenous Protected Area Management Plans R Hill, F Walsh, J Davies, M Sandford

Our Country Our Way has been written for the managers of IPAs, IPA and Co-Management Consultation Projects, and their staff. Their primary aim is to provide practical guidance about how to achieve Management Plans that recognise the connections between Indigenous people, country, traditional law and culture, while also meeting national and international standards for protected area management. In so doing, this document invites planners and others to enter an Indigenous conceptual terrain and consider some highly innovative and at times challenging intercultural adaptations.

The Guidelines draw on examples from IPAs and Co-Management Consultation Projects around Australia to illustrate the unique cultural settings and vibrant Indigenous  management strategies on country. 

Indigenous knowledge, Indigenous law, IPA (Indigenous Protected Areas), Land and sea management Report
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