Resources and publications

ORIC newsletter about independent directors. Includes interviews with independent directors.

ORIC newsletter about independent directors.

ORIC newsletter outlining some of their different roles and responsibilities.

ORIC newsletter with advice about selecting senior staff.

ORIC newsletter about the separation of roles in a corporation.

ORIC newsletter about the role of the CEO

ORIC newsletter about choosing directors for the board.

In a new world where there are increasing numbers of Australian Aboriginal Peoples obtaining positive native title determinations across large tracts of local government and/or nature conservation regulated lands:

1. it is noted that in Queensland new local government statutory land use planning legislation excludes registered native title holders from standard development application owner's consent requirements and associated notification requirements
2. it is further noted the relevant Queensland Department of Infrastructure, Local Government, and Planning is preparing proposed new statutory planning options for Aboriginal peoples including particularly registered native title holders
3. it is also noted the statutory authority responsible for the management of 900 000 hectares of Wet Tropics World Heritage is reviewing its statutory land use management plans and the board of that Authority is seeking Aboriginal owners (native title) free, prior and informed consent to revise thier statutory management plan

Noting all the above Vincent Mundraby & Bruce White will assemble Queensland statutory land use planning specialists and agency representatives, and facilitate a workshop around the above two Queensland statutory planning case studies to discuss and explore how registered native title holders might be better integrated into statutory land use planning across Queensland & Australia.

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.

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.

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. 

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.

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.

Since the commencement of the Native Title Act, traditional owners have been asked to negotiate and make important decisions concerning their native title. While the Act allows for and even encourages the use of traditional decision making, this is required to be blended with modern Western notions of corporate governance and meeting procedures.

The recent decision of the Federal Court in McGlade has underlined some of the difficulties associated with the requirements of the Act for reaching decisions on important matters, and has raised questions about the proper roles of the registered native title claimants and the broader native title community. After native title has been determined, traditional owners must develop complex processes which accommodate longstanding cultural norms as well as the onerous requirements of the NTA and CATSI Act. If not handled maturely and sensitively, these processes can result in feelings of disempowerment and disengagement as well as causing or exacerbating intra-indigenous conflict. The paper will examine Court decisions which have highlighted problems with the cultural clashes which have resulted from the current system and also look at some innovative approaches which one PBC is developing in order to truly honour the cultural knowledge of the traditional owners.

For access to Castledine, Evans & James' paper on the topic follow this link.

Mr Hughston SC will discuss the approach taken by the Court in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek) to the assessment of compensation and in particular the division of the award of compensation into components of economic and non-economic loss. Mr Hughston SC will discuss the uncertainties associated with both components.

This presentation shows the general information on annual general meeting (AGM) in a time of social isolation.