Resources and publications

Displaying 1 to 20 of 24 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal assets? the impact of major agreements associated with native title in Western Australia Sarah Prout Quicke, Alfred Michael Dockery, Aileen Hoath

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Agreements, ILUA (Indigenous Land Use Agreement), Mining, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Trusts Report
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
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
Commercial opportunities from Native Title: The Antakirinja Matu-Yankunytjatjara peoples' journey to economic benefit Ian Crombie, John Hender

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

Commercial development, Community development, Future acts, Land and sea management, Mining, Strategic planning, Trusts Presentation
Commissioner’s statement on PBIs Australian Charities and Not-for-profits Commission

The purpose of this Commissioner’s Interpretation Statement is to provide guidance on the ACNC’s view on the meaning and scope of the charity subtype of ‘Public Benevolent Institution’ (PBI) for ACNC purposes.

Government, NFP (Not-For-Profit) Article / paper
Enabling Prosperity: Success Factors for Indigenous Economic Development URBIS

Westpac commissioned Urbis to undertake research to understand the key drivers of economic development for Indigenous Australians. The aim of the research was to provide an evidence-base analysis of factors that support entrepreneurship and economic development, building on Australian and international literature and research.

The overarching research question was: What factors lead to successful economic development and job creation in Indigenous communities?

Commercial development, Employment, Finance Report
Examination of legislation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 Parliamentary Joint Committee on Human Rights

In this report the Parliamentary Joint Committee on Human Rights (the committee) considers the Stronger Futures legislation in the performance of its role of examining bills, Acts and legislative instruments for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. 

Education, Government, Health, Human rights Report
Final report Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples

The final report of the Committee is intended to reflect the evidence received across the wide range of matters included in the Committee’s resolution of appointment. The report sets out the Committee’s conclusions and recommendations in relation to these matters. 

Government Report
Improving Indigenous community governance through strengthening Indigenous and government organisational capacity Closing the Gap Clearinghouse

Resource sheet no. 10 produced for the Closing the Gap Clearinghouse

Capacity building, Government Report
In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title Vance Hughston, Tina Jowett

In the Native Title ‘hot tub’ outlines the history and development of expert conferencing and expert concurrent evidence in Australia, including in the Federal Court. These approaches to expert evidence are a major development of the last decade, greatly reducing the hearing time of Native Title proceedings and the costs to the parties involved. The authors explore how expert conferences and concurrent evidence can narrow the issues in the Native Title claims of Aboriginal and Torres Strait Islander people, discussing in particular their experiences in four recent cases.

AIATSIS, Finance, Native Title Act Article / paper
Indigenous Advancement Strategy Grant Guidelines - March 2016 (updated August 2019) National Indigenous Australians Agency

This document provides guidance for applicants applying for PBC Capacity Building grant funding under the IAS. It provides key information to assist applicants to complete the application form and should be read in conjunction with the IAS Grant Guidelines. An Application Form and draft Project Agreement together with the IAS Guidelines can be found on the Department’s website.

Finance, Funding Information Sheet
National picture: growth of Prescribed Bodies Corporate Belinda Burbidge

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 provides an overview of the NTRU's analysis of the publicly available financial data submitted to the Office of the Registrar of Indigenous Corporations (ORIC), and examines the financial growth and development of PBCs from the financial year 2010-11 to 2015-16.

AIATSIS, Finance, Funding, ORIC, PBCs (Prescribed Body / Bodies Corporate) Report
National picture: Small native title corporations – income and costs Iain G. Johnston, Belinda Burbidge

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 examines the distribution of wealth and growth of PBCs by size between the years 2010-11 and 2015-16 calculated in terms of net totals and growth rates in the areas of income, assets, equity and staff.

AIATSIS, Finance, ORIC, PBCs (Prescribed Body / Bodies Corporate) Report
Native Title Report 2005 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.

Commercial development, Finance, Human rights, Legal, Native Title Act 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
PBCs Working in Two Worlds Aurora

The first document sets out some background information about what a lawyer is and their duty to you as a client. The second document outlines some questions that you may like to ask a lawyer when you are seeking advice on native title matters.

Governance, Government, Indigenous knowledge, Indigenous law, Legal, PBCs (Prescribed Body / Bodies Corporate) Website
Planning for the future: maximising native title compensation through the use of future funds Pamela Kaye, Glenys Hayes

A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles.

In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. 

In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different.

Compensation, Finance, Funding, Trusts Presentation
Remuneration - a report benchmarking the salaries of Aboriginal and Torres Strait Islander Corporations Office of the Registrar of Indigenous Corporations

A report detailing information obtained from corporations registered under the CATSI Act on remuneration and other benefits paid to directors, senior managers and other staff.

Bookkeeping, Commercial development, Finance, Governance, ORIC Report
Social Justice and Native Title Report 2016 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.

Commercial development, Finance, Heritage, Native Title Act Report