Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Lhere Artepe Policy and Procedure Guide | Lhere Artepe Aboriginal Corporation RNTBC | Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC |
Directors, Dispute management, Meetings, Policies, Reporting | Policy statement | |
Native title and commercial fisheries: the Torres Strait sea claim | Gabrielle Lauder, Lisa Strelein | For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially. |
AUSTLII, Fishing, Native Title Act, Water rights | Article / paper | |
Native title and governance: The emerging corporate sector prescribed for Native Title holders | Jessica Weir | This paper discusses how the governance potential of PBCs is challenged by the PBC governance context. |
Commercial development, Governance, PBCs (Prescribed Body / Bodies Corporate) | Article / paper | |
Native Title and Tax: Understanding the Issues | Miranda Stewart | Outlines the treatment of income tax under native title agreements |
AUSTLII, Native Title Act, Tax | Article / paper | |
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 | |
Partnerships for Indigenous Development: International Development NGOs, Aboriginal Organisations and Communities | Janet Hunt | This paper outlines two pilot case studies which examine how international development non-government organisations (INGOs) conduct their work with Aboriginal organisations and communities in Australia. |
CAEPR, Collaboration, Partnerships | Article / paper | |
Pathways to the co-management of protected areas and native title in Australia | Toni Bauman, Chris Haynes, Gabrielle Lauder | In recent decades, various forms of co-management of national parks and other protected areas1 by governments and Indigenous people have come to the fore. This has occurred as Indigenous peoples have progressively demanded greater access to and decisionmaking power over their traditional lands. The response of governments has also seen the aligning of a number of policy approaches that have contributed to an increase in attention to co-management. In the first instance, there has been a rapid rise in the number of protected areas in Australia since the 1960s, and this is continuing as the Commonwealth Government aims to increase the size of the Australian National Reserve System (NRS) by 25 per cent and Australia’s network of terrestrial protected areas to 125 million hectares by 2013 (Caring for Our Country 2013a).2 In addition, at least 16 per cent of Australia’s land area is now held by Indigenous peoples under a range of tenures, with much of this land being of high biodiversity value (Altman & Kerins 2012). As a mechanism for adding new protected areas to the NRS, the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has an Indigenous Protected Area (IPA) program that supports traditional owners of lands or seas who voluntarily dedicate their lands as protected areas to promote biodiversity and cultural resource conservation. IPAs now form the second largest component of the National Reserve System, covering over 3 per cent of Australia and making up 23 per cent of the NRS (SEWPaC 2013b). |
AIATSIS, IPA (Indigenous Protected Areas), Joint Management | Article / paper | |
Policy statement on exemptions | Office of the Registrar of Indigenous Corporations | In this policy statement, the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) provides guidance on when an exemption will be granted and the circumstances in which the Registrar may grant. |
Exemptible rules | Policy statement | |
Prescribed Bodies Corporate: Charging fees for services | Lisa Strelein | An outline of some of the legal issues surrounding PBCs charging fees for service and what PBCs can and cannot charge fees for. |
AIATSIS, AUSTLII, Fee for service | Article / paper | |
Reforms to the Native Title Act 1993 (Cth) Options Paper | Dr Lisa Strelein, Cedric Hassing, Dr Tran Tran, Dr Belinda Burbidge, Clare Barcham, Stacey Little | The following submission is in response to the proposed technical amendments to the Native Title Act 1993 (Cth) (NTA). In this submission, AIATSIS welcomes changes that further the rights of native title claimants, holders and corporations in the areas of authorisation, agreement-making, governance and decision-making. AIATSIS suggests the amendments are expanded to address structural issues in the native title system. |
AIATSIS, Native Title Act | Policy statement | |
Researching Australian Indigenous Governance: A Methodological and Conceptual Framework | Diane Smith | 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. |
CAEPR, Governance | Article / paper | |
Sharing success, measuring impact: Annotated bibliography | Jacqueline Battin, Allister Mills | Assessing research impact is a crucial element of AIATSIS’ aspirations to collaborate with Indigenous partners and create meaningful change within communities. However, the way in which impact is defined and assessed is unclear and there is currently no established methodology for assessing AIATSIS’ research. This annotated bibliography lists a selection of the literature on assessing the impact of research projects. It highlights the importance of research impact evaluation, approaches to incorporating Indigenous perspectives in evaluation, and which methods may be valuable in evaluating the impact of the research that AIATSIS carries out. This bibliography provides a step forward in developing a methodology for assessing research impact, leading to a better understanding of whether we are meeting the priorities of the Indigenous communities we work with and how our research can evolve to better support these priorities. |
AIATSIS | Article / paper | |
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward | David Ritter | This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision. |
Land rights, Legal, Native Title Act, Water rights | Article / paper | |
Statistics for Community Governance: The Yawuru Indigenous Population Survey of Broome | John Taylor, Bruce Doran, Maria Parriman, Eunice Yu | 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 |
CAEPR, Community development, Data sovereignty, Governance, PBCs (Prescribed Body / Bodies Corporate), Strategic planning | Article / paper | |
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors | The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices. The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted. The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities. Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support. The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities. |
AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights | Policy statement | ||
Tax and Native Title | Miranda Stewart | 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. |
Bookkeeping, Native Title Act, Tax | Article / paper | |
The power of data in Aboriginal hands | Peter Yu | 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. |
CAEPR, Data sovereignty | Article / paper | |
The Registrar’s powers to intervene | Office of the Registrar of Indigenous Corporations | This policy statement provides an overview of the Registrar’s regulatory and enforcement powers; outlines the Registrar’s considerations in deciding whether to use his or her powers to intervene; indicates the kind of circumstances that might cause the Registrar to intervene and refers to other policy statements that focus on particular powers. |
CATSI Act, Policies | Policy statement |