Resources and publications

Displaying 1 to 20 of 34 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting Toni Bauman, David Parsons

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.

AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research 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
Communicating with youth workbook for PBCs

PBCs have to think about succession. This workbook is for PBCs who want to engage with young Aboriginal and Torres Strait Islanders in their community and region. It provides information, practical tips and ideas how to communicate and get them involved.

Communication, PBCs (Prescribed Body / Bodies Corporate), Youth Workbook
Country needs People Country needs People

The Country Needs People campaign is fighting for the growth and security of opportunities for land and sea country management by Aboriginal and Torres Strait Islander peoples.

Caring for Country, Community development, Environment, Fire, Fishing, Land and sea management, Rangers / caring for country, Youth Website
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate Geoff Buchanan

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.

Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth Article / paper
Gkuthaarn and Kukatj Land and Sea Country Plan GKuthaarn and Kukatj Traditional Owners, Carpentaria Land Council Aboriginal Corporation

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. 

Commercial development, Community development, Employment, Environment, Indigenous knowledge, Land and sea management, Tourism, Youth Report
Guide to applying for DGR status Secretariat of National Aboriginal and Islander Child Care (SNAICC)

This resource aims to support the many local community initiatives that could go a long way to addressing our communities’ needs and dreams — if only the resources, time and money were available. 

Education, Funding, Youth Guide
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
International laws and developments relating to Indigenous knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

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. 

Environment, Heritage, Human rights, Indigenous knowledge, Legal Article / paper
Leadership Indigenous Governance Toolkit

The topic 'Leadership' from the Indigenous Governance Toolkit has seven sections,

  1. Leadership for governance
  2. Aboriginal and Torres Strait Islander leadership
  3. The challenges of leadership
  4. Evaluating your leadership
  5. Youth leadership and succession planning
  6. Building leadership capacity to govern
  7. Case studies
Governance, Leadership, Succession Planning, Youth Information Sheet
Legal context for PBC decision making Aurora

Information sheet about decision-making for PBCs.

Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) Information Sheet
Legal issues in transferring research materials from NTRB/SPs to RNTBCs Angus Frith

Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs.

Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) Presentation
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
Mornington Island Restorative Justice Project report Queensland Government

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.

Community, Culture, Dispute management, Legal Report
Native Title Anthropology after the Timber Creek Decision Pamela Faye McGrath

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.

Compensation, Legal, Native Title Act Article / paper
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 2011 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.

Land and sea management, Legal, Native Title Act Report
Nothing Succeeds Like Succession: Succession Planning for Not-for-Profits Our Community

Ourcommunity.com.au provides useful resources for succession planning in Not-for-Profit organisations. 

This website details the changes and processes of the board, staffing, and donors, whilst also covering topics on documentation, recruitment, and induction.

Governance, Succession Planning, Youth Website
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
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