Resources and publications

Outlines the treatment of income tax under native title agreements

This paper presents a case study of an exercise in Aboriginal community governance. It sets out the background events that led the Yawuru Native Title Holders Aboriginal Corporation to secure information for its own needs as an act of self-determination and essential governance, and it presents some of the key findings from that exercise

This paper discusses the current state of play regarding income tax and GST issues in relation to native title agreements, including recent reforms and ongoing areas of uncertainty.

This paper sets out the methodological and conceptual framework for the Indigenous Community Governance (ICG) Project on Understanding, Building and Sustaining Effective Governance in Rural, Remote and Urban Indigenous Communities. The paper describes the Project’s research aims, questions, and techniques; explores key concepts; and discusses the ethnographic case-study and comparative approaches which form the core components of the methodological framework.

As an applied research project, the paper also considers the methodological issues inherent in participatory research, and for the dissemination and application of research findings within Indigenous and policy arenas. The framework draws on the multi-disciplinary expertise of the project team in areas such as anthropology, political science, demography, policy and legal studies, linguistics, and community development.

In 2002 and 2004 Karajarri had their native title rights and interests recognised to over 31,000 square kilometres of land in the West Kimberley, south of Broome. This is an area about half the size of Tasmania. Here there are pastoral stations, mining interests, coastal and desert lands, and the large Aboriginal community of Bidyadanga. Karajarri had one of the first native title determinations to be recognised in the Kimberley and had the first native title application in which applicants were represented exclusively by the Kimberley Land Council.

This paper discusses how the governance potential of PBCs is challenged by the PBC governance context.

Aboriginal and Torres Strait Islander community governance can be greatly impacted by the nature of the land tenure held or managed by the community. The fragmented system of national and state regimes which provide grants or titles of land to Aboriginal and/or Torres Strait Islander people has enabled a governance landscape where there are often overlapping rights to land. This creates a situation where relationships within an Indigenous community – and even within a traditional owner group – are competing for power and control. This is most notable with respect to how different community organisations compete for community funding, the durability of culturally appropriate governance structures and the taking of natural resources.

The ability of an Indigenous community to resolve potential conflicts, created by the recognition of native title and adapt to the post-determination landscape also impacts upon a communities’ ability to respond to external pressures such as land use planning, water management and government initiated tenure reform processes. Often these conflicts appear between Registered Native Title Bodies Corporate and community or local shire councils – who have historically played the role of land manager and program administrator. This paper looks at the role of cultural governance in supporting the recognition of Indigenous landholdings and the reasons that Indigenous landholdings, in their current form, have failed to be effective in adequately mobilising economic, social and cultural resources to achieve social, cultural, environmental and health benefits in remote Indigenous communities in Western Australia and Queensland.

The Two-way Governance Resource has been designed to support and promote two way learning and informed decision making (related to mainstream governance) in remote Aboriginal Communities in the Northern Territory.

The Far West Coast journey from Applicant through to Consent Determination and holding Native Title has been an exciting one. There have been considerable challenges and we have faced many obstacles. Along the way we have also learnt many valuable lessons, not the least that we needed even more change and further development once Native Title was granted and we began a new life as a PBC.

Today, as a young PBC we are on track to be a self-supporting and stand-alone resource for our members. We now have commercial ventures, investments and an Aboriginal Trust that we own and operate. Our presentation seeks to share how we got here and the changes to structures, practices and our organisation to achieve early success as a PBC and a group of entities.

These presentation slides during National Native Title Conference 2015 present the topic, good Indigenous governance and effective native title management: Travelling companions on the road to Self Determination. 

This review released in 2014 examines the roles and functions of Native Title Organisations. The Australian Government commissioned Deloitte Access Economics to undertake this review.

This is the second research report by the Indigenous Community Governance Project (ICGP). The ICGP is exploring the nature of Indigenous community governance in Australia - to understand what works, what doesn’t work, and why. The first report, based on 2005 fieldwork, was published as CAEPR Working Paper No. 31/2006.

This report brings together findings from the fieldwork conducted during 2006, based on evidence drawn from case studies of Indigenous governance in action within differing community, geographical, cultural and political settings across the nation.

Sharing Success Governance Workbook is a valuable resource introducing Indigenous community governance concepts, examples of good practices, signs of problems and diagnostic checklists used for a Reconciliation Australia Sharing Success Indigenous governance workshop held in September 2007 in Mt Isa, Queensland. The content of the workbook is drawn from the findings of the Indigenous Community Governance Research Project and analysis of all the Indigenous Governance Award applications. This workbook is an example of one of the very practical tools for Indigenous communities and organisations that has been developed from the Indigenous Community Governance research. 

The Good Governance Principles and Guidance for Not-for-Profit Organisations (Principles and Guidance) have been created by the Australian Institute of Company Directors as part of their commitment to the not-for-profit (NFP) sector and its directors. The Principles and Guidance: • Are designed to promote and facilitate the crucial conversations and associated activities NFP organisations undertake regularly to achieve good governance. • Are not an attempt to formulate rules on what might constitute good governance practice for NFP organisations, or prescribe related behaviours and specific actions.

Sharing Success Governance Workbook is a valuable resource introducing Indigenous community governance concepts, examples of good practices, signs of problems and diagnostic checklists used for a Reconciliation Australia Sharing Success Indigenous governance workshop held in September 2007 in Mt Isa, Queensland. The content of the workbook is drawn from the findings of the Indigenous Community Governance Research Project and analysis of all the Indigenous Governance Award applications. This workbook is an example of one of the very practical tools for Indigenous communities and organisations that has been developed from the Indigenous Community Governance 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.

This report presents a research analysis of evidence on organisational governance models—both incorporated and non-incorporated forms—including several new case studies that have been produced specifically for AGMP. The research on which this report is based has been commissioned by the Aboriginal Governance and Management Program (AGMP), established in 2013 by the Aboriginal Peak Organisations of the Northern Territory (APONT) 1 to provide Aboriginal communities, groups and organisations across the Northern Territory (NT) with ongoing support and training to build resilient and effective forms of governance and management.

The Expert Panel was tasked to report to the Government on possible options for constitutional change to give effect to indigenous constitutional recognition, including advice as to the level of support from Indigenous people and the broader community for these options. This executive summary sets out the Panel’s conclusions and recommendations.

The Northern Territory Government engaged the Northern Institute of Charles Darwin Universityto provide research and support in governance and leadership for members of the Indigenous communities of Milingimbi, Gapuwiyak, Ntaria Ramingining and Wurrumiyanga.

The goals of this program were to improve understanding of the contemporary functioning and interactions of Aboriginal and Western governance traditions, and grow capacities and understandings in governance and leadership in remote communities.

In Australia today there are an estimated 8000 to 9000 Indigenous organisations, many of which are incorporated under Commonwealth, state or territory legislation. Their governance work is often seen by Indigenous people as nation-building: an expression of self-determination and a way of reconceptualising relations with governments and asserting unique cultural traditions.

The effective governance of these organisations is critical to attracting funding, promoting sustainable economic activity and building resilient communities. It is now recognised that Indigenous governance and the governance of governments are intertwined and the latter is receiving greater critical scrutiny.

A growing number of research projects, governance building initiatives and practical resources are providing evidence of what works, what doesn’t and why. But the opportunities to evaluate this evidence, consider strategic priorities and build collaborations are limited.

On 29–30 July 2014, AIATSIS and AIGI convened an Indigenous governance forum in Canberra to provide such an opportunity. In preparation, a survey of Indigenous governance research, practical resources and future needs was widely circulated. This report provides a synthesis of ideas, comments, issues and possibilities identified through the survey and the forum.