Resources and publications

This handout offers some ways of thinking about grant proposals and advice about the process of  planning and writing a proposal. 

A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles.

In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. 

In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different.

The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests.

In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous.

In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane.

This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan.

A factsheet by the National Native Title Tribunal on recent changes to the Native Title Act 1993 (Cth) (NTA). Section 60AAA of the NTA is a new provision introduced by the Native Title Legislation Amendment Act 2021 which gives the Tribunal power to assist in dispute management and resolution at the request of native title holders and Registered Native Title Bodies Corporate (RNTBCs / PBCs).

The PBC capability and services framework is a comprehensive model that PBCs can use to asses the critical tasks required of a sustainably functioning, self-sufficient PBC. The framework supports the PBC to identify the capability they need to mature and the processes, systems and services that are required to progress the PBC toward independence and self-sufficiency. The framework specifically targets the development of those PBCs which are maturing and where additional strategic support will build capacity to allow the PBC to better engage in opportunities for sustainable economic development. This includes PBCs being able to identify, target and access the best value from PBC support services available to them.

The KLC is currently working with a number of PBCs throughout the Kimberley region in assessing capabilities and services under the framework. Through a model of facilitation and engagement, PBCs are able to obtain a holistic view of their current capabilities and establish proactive capability pathways and support services that are best placed to sustainably cultivate functional and dynamic PBCs into the future. Such capability can better place PBCs to actively engage and initiate opportunities derived from Native Title for Traditional Owners.

Outlining the requirements for keeping a register of members.

Information about related party financial benefits.

Presentation provided to the Yamatji Marlpa Aboriginal Corporation (YMAC) training workshop for native title anthropologists. It gives an overview of the three year project, its case studies, challenges and results. 

This fact sheet provides general information for funding agencies, creditors and employees about special administrations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

This fact sheet provides general information for members and directors of corporations about special administrations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Indigenous land and sea management in Australia is an example of how partnerships between Traditional Owners, governments, industry and NGOs can produce positive outcomes for both people and Country. There are now over 700 Indigenous people employed as Indigenous rangers across Australia. These jobs are producing positive environmental, social, cultural and economic outcomes. However, it is acknowledged that for continued growth increased effort is required in two primary areas:

1. further empowerment of Indigenous partners to participate in intercultural governance; and
2. better ways of measuring returns on investment.

Bush Heritage Australia is partnering with Traditional Owners, the CSIRO and Charles Darwin University to collaboratively design mechanisms for strengthening partnerships by empowering Traditional Owners to better articulate knowledges-practices-beliefs that underpin their success. Increased awareness of this ‘logic’ will assist the development of multiple knowledge-based mechanisms for monitoring, evaluating and reporting outcomes to investors.

These mechanisms will strengthen existing partnerships, open pathways for diversified investments, and realise conservation goals through the effective management of Country as complex social-cultural-environmental systems.

This panel explores an approach to leveraging the income streams of native title groups and other Indigenous organisations in order to finance community development projects or local businesses. The approach involves the use of asset leasing solutions developed by IBA which supports Indigenous groups to sustainably manage their business or community development assets. IBA has been able to support a number of Indigenous organisations around Australia using asset leasing solutions to acquire a very diverse range of assets, including for civil construction assets, demountable accommodation, vehicles, machinery and equipment.

The panel will explore a case-study, where IBA and Manungurra Aboriginal Corporation have been working together to finance the acquisition of Manungurra’s community development assets including vehicles and solar panels with battery storage for outstation housing. These assets are part of a broader Manungurra community development plan which aims to ensure traditional owners are supported in their goal to live independently on-country

Ray McInnes' presentation can be downloaded here.

Graeme Smith & Gordon Noonan's presentation can be downloaded below. 

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.

This presentation discusses findings from AIATSIS research in the Indigenous Facilitation and Mediation Project, the Federal Court’s Solid Work you Mob are Doing dispute resolution case study project and more recent research.

Example rule book that corporations can use to make their own rule book that complies with the CATSI Act and suits their needs. This rule book satisfies the requirements for most corporations registering under the CATSI Act. This rule book satisfies the requirements for a constitution under the CATSI Act and includes some good governance ideas. It keeps some of the ‘replaceable rules’ under the CATSI Act, and replaces others. It doesn’t include all of the set law under the CATSI Act.

The rule book info kit is comprehensive and takes advantage of the full range of options under the CATSI Act. It includes extra information and notes to help corporations pick and tailor rules.

It is a longer document which includes set laws from the CATSI Act which cannot be changed (rules that apply to all corporations) as well as:

• rules that must be completed (special to that corporation)
• rules that can be replaced
• laws that can be changed
• rules that are good governance ideas recommended by ORIC.

Additional resources associated with The Rule Book - Info Kit can be found by following this link.

This book contains pictures to help explain some of the concepts within the rule book.

Outlines the 'satisfaction triangle'- a model for decision-making.

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.

Short factsheet about joint ventures.