Resources and publications

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.

This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents.

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.

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.

PM&C commissioned SVA Consulting to understand, measure or estimate and value the changes resulting from the investment in five IPAs across Australia. The Social Return on Investment (SROI) methodology was used to complete each of these analyses, which were informed by interviews with 143 stakeholders as well as desktop research canvassing relevant qualitative and quantitative data.

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.

The Gkuthaarn and Kukatj Land and Saltwater Country Plan is a strategic document that provides a framework for our people and our partners to work together to care for all the natural and cultural values of our country, while providing a sustainable livelihood for our community and others with rights and interests in our land and saltwater country. 

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.

This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. 

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

This publication is intended for Indigenous communities and organisations, and aimed at promulgating successful management initiatives that could be adopted by other organisations working in similar fields. Indigenous communities can use this handbook as a practical source of ideas and an inspiration for adoption and adaptation.

Information is organised in this handbook as a tour through a typical organisation, starting at the front door and moving through the different areas or rooms. Readers can go directly to their main area of interest, such as the accounts department, read straight through or browse. The plans do not represent any particular organisation. At the end of the book, there are brief snapshots of the participating organisations. There is no ‘one-size-fits-all’ solution to any issue. In fact, many organisations have found different solutions to the same problems. The road to success is always under construction.

The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system.

In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims.

Recommended citation: 

McGrath, PF 2017, Native Title Anthropology after the Timber Creek Decision, Land, Rights, Laws: Issues of Native Title series, vol. 6, no. 5, AIATSIS Research Publications, Canberra.

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.

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.

The Overcoming Indigenous Disadvantage report measures the wellbeing of Aboriginal and Torres Strait Islander Australians.

This comprehensive report card measures where things have improved (or not) against 52 indicators across a range of areas including governance, leadership and culture, early childhood, education, health, home and safe and supportive communities, and includes case studies on things that work to improve outcomes.

The report is produced in consultation with all Australian governments and Aboriginal and Torres Strait Islander Australians.

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

The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians.

The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience.

The Indigenous Governance Awards celebrate success in Aboriginal and Torres Strait Islander organisations nationwide. The awards provide a fantastic opportunity to gain insight into current innovation, practices and understanding of Indigenous governance. An analysis of the top ranked 2014 applicants’ governance solutions are presented in Voices of Our Success: Sharing stories and analysis from the 2014 Indigenous Governance Awards published by the Australian Indigenous Governance Institute and Reconciliation Australia. 

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.