Resources and publications

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.

In this award-winning work Carlson explores the complexities surrounding Aboriginal identity today. Drawing on a range of historical and research literature, interviews and surveys, The politics of identity explores Aboriginal and non-Aboriginal understandings of Aboriginality and the way these are produced and reproduced across a range of sites and contexts.

Emphasising Indigenous debates and claims about Aboriginality, The politics of identity explores both the community and external tensions around appropriate measures of identity and the pressures and effects of identification. An analysis of online Indigenous communities on social media that have emerged as sites of contestation adds to the growing knowledge in this area, both nationally and globally.

This is a brave and personal contribution to the often vexed subject of Aboriginal identity and offers a distinctive and fresh line of analysis.

This paper explores the critical role that data can play in development scenarios when Aboriginal people are in control of collecting, managing and interpreting data. It was first presented as a pleniary paper at the conference Social Science Perspectives on the 2008 National Aboriginal and Torres Strait Islander Social Survey, held at The ANU on 11–12 April 2011.

A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news.

The right to protect sites brings together a range of authors who explore native title and Indigenous heritage regimes around the country, and charts the history of advocacy and policy development, highlighting the successes, limitations, inequalities and opportunities of current arrangements.

The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians.

This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. 

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.