Resources and publications

Displaying 1 to 20 of 71 results.
Title Author /s Summary Date Tag(s) Type
A Toolkit for Developing Community-based Dispute Resolution Processes in First Nations Communities Canada Human Rights Commission

The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process.

Capacity building, Dispute management, Leadership Report
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Community Report Toni Bauman, David Parsons, Ophelia Rubinich, Dr Christiane Keller

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, Community development, Data sovereignty, Indigenous knowledge, Native title materials, Research Report
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
Against Native Title Dr Eve Vincent

'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process.

This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment.

To purchase this resource from the AIATSIS shop please follow this link

Dispute management, Native Title Act Book
AIATSIS and AIGI survey of gaps and challenges in Indigenous governance research and practical tools - A preliminary list of Indigenous governance research initiatives and practical resources AIATSIS

In June and July 2014 the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Australian Indigenous Governance Institute (AIGI) conducted a survey into gaps in Indigenous governance research and practical tools. The survey, entitled ‘A short survey: mapping Indigenous governance research and resources’, was distributed across a broad network of organisations, institutions and individuals working in the field of Indigenous governance (including select international organisations) in preparation for the Indigenous Governance Development Forum: Mapping Current and Future Research and Resource Needs, held on 29–30 July 2014 at AIATSIS in Canberra. Thirty-eight survey responses were received.

This document presents a preliminary list of specific research initiatives and practical tools identified through the survey. The list is a working document. It is by no means exhaustive, and the authors would be grateful to hear about other initiatives that should be included.

AIATSIS, Governance Report
AIATSIS response to Office of the Registrar of Indigenous Corporations (ORIC) Technical Review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 Dr Lisa Strelein, Cedric Hassing, Dr Belidna Burbidge

The following submission was made as part of the technical review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act).

In the submission we have supported further investigation of a dedicated chapter in the CATSI Act for RNTBCs (native title corporations) and our main recommendations include:

  • Amendments to the CATSI Act to reduce the regulatory and reporting burden to ensure compliance is affordable and manageable
  • Amendments to the CATSI Act that facilitate the incorporation of subsidiary corporations
  • Increased special regulatory assistance for CATSI Corporations that promote compliance rather than punitive measures
  • Specific tailored RNTBC corporate governance training
  • Making the unique situation of native title corporations clear in a separate chapter of legislation
  • Amendments to the laws around meetings and directors that better reflect Aboriginal and Torres Strait Islander law and custom
  • Providing culturally appropriate training, information support and resourcing is available for native title corporations
  • Ensuring that native title corporations are accountable to the wider Aboriginal and Torres Strait Islander group but have enough discretion to manage the corporation
AIATSIS, CATSI Act, Governance, ORIC Policy statement
AIATSIS Submission to review of the CATSI Act: Phase two Dr Lisa Strelein, Ophelia Rubinich, Casey Millward

Since 2016, AIATSIS has contributed to a number of reviews of the CATSI Act including the Technical Review of the CATSI Act (2017) and CATSI Review Phase 1 (2020). Throughout this report, the AIATSIS researchers refer to the AIATSIS submissions for both of these reviews.

AIATSIS, CATSI Act, Compliance, Policies, Rule book Report
AIATSIS Submission to the Closing the Gap Refresh Public Discussion Paper Dr Lisa Strelein, Dr Tran Tran, Clare Barcham

The following submission is in response to the Closing the Gap Refresh Public Discussion Paper.

In this submission, AIATSIS supports the adoption of a strengths-based approach to the refresh of the COAG Closing the Gap framework. The submission outlines key areas of importance for the refresh. These are  defining 'prosperity' based on Aboriginal and Torres Strait Islander notions of 'wealth' and freedom, adopting broad and sophisticated definitions of culture, and co-designing targets, measures and analysis with Aboriginal and Torres Strait Islander peoples. Further, creating structural changes which are well balanced with community priorities, address blockages, inequalities and inconsistencies in legislation and policy, and ensuring engagement with the Refresh process occurs in a considered and meaningful way.

AIATSIS, Community development, Indigenous knowledge Policy statement
AIATSIS Submission – Prescribed Body Corporate (PBC) Support Strategy Dr Lisa Strelein, Dr Belinda Burbidge, Ashleigh Blechynden

The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) recommends that the Commonwealth recognise the changing roles of Native Title Representative Bodies and Service Providers (NTRB/SP) and the infrastructure and support they provide to the PBC sector while offering flexible policies and processes that allow for PBC autonomy and local decision-making.

More specifically, this brief responds to the following main points identified in the Terms of Reference (TOR):

  1. Better engagement between PBCs and governments
  2. More effective, transparent and coordinated funding for PBCs
  3. Additional support for PBCs (other than providing direct funding)
  4. Options for legislative and institutional role reform to support an effective and accountable native title system
AIATSIS, PBCs (Prescribed Body / Bodies Corporate) Report
Alternative dispute resolution (ADR) in Aboriginal contexts: A critical review Wenona Victor for the Canadian Human Rights Commission

What processes are available to help Aboriginal people resolve their conflicts internally? What are the most common challenges implementing such a process? This report examines three dispute resolution processes and the differences between Indigenous and Western practices.

Dispute management Article / paper
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
Board dispute resolution policy template Effective Governance

The board of [Organisation] is committed to reaching a prompt and fair resolution of any disputes, conflicts, or disagreements that may arise from time to time, and that may threaten the functioning of the board.

Dispute management, Governance Template
Brief list of online resources for preservation and information on Indigenous studies Grace Koch

This document provides a brief listing of resources for preservation and information on Indigenous studies.

AIATSIS, Heritage, Indigenous knowledge, Native title materials Toolkit
Building Aboriginal and Torres Strait Islander Governance: Report of a Survey and Forum to Map Current and Future Research and Practical Resource Needs Australian Institute of Aboriginal and Torres Strait Islander Studies

In Australia today there are an estimated 8000 to 9000 Indigenous organisations, many of which are incorporated under Commonwealth, state or territory legislation. Their governance work is often seen by Indigenous people as nation-building: an expression of self-determination and a way of reconceptualising relations with governments and asserting unique cultural traditions.

The effective governance of these organisations is critical to attracting funding, promoting sustainable economic activity and building resilient communities. It is now recognised that Indigenous governance and the governance of governments are intertwined and the latter is receiving greater critical scrutiny.

A growing number of research projects, governance building initiatives and practical resources are providing evidence of what works, what doesn’t and why. But the opportunities to evaluate this evidence, consider strategic priorities and build collaborations are limited.

On 29–30 July 2014, AIATSIS and AIGI convened an Indigenous governance forum in Canberra to provide such an opportunity. In preparation, a survey of Indigenous governance research, practical resources and future needs was widely circulated. This report provides a synthesis of ideas, comments, issues and possibilities identified through the survey and the forum.

AIATSIS, Governance, Native Title Act Report
Check-up: Our dispute resolution processes Australian Indigenous Governance Institute

All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation.

Dispute management, Governance, Resolution Guide
Closing the Gap report Department of the Prime Minister and Cabinet, National Indigenous Australians Agency

This Closing the Gap report is an opportunity to reflect on a decade’s efforts under an ambitious framework aimed at improving outcomes for Aboriginal and Torres Strait Islander Australians.

Capacity building, Commercial development, Community development, Education, Health, Indigenous knowledge Report
Complaints involving corporations Office of the Registrar of Indigenous Corporations

Advice for dealing with complaints.

Dispute management, ORIC Information Sheet
Creating Archives AIATSIS

This resource provides guidance and important questions for organisations to consider when establishing an archive of their own. It includes what an archive is, why archives are important, what can go in an archive, and outlines steps which could be taken to set up an archive.  Links to other resources and contacts are also contained in the booklet.

 

AIATSIS, Community development, Culture, Data sovereignty, Database, Indigenous knowledge, Indigenous law Information Sheet
Dispute management: Constitutions of Prescribed Bodies Corporate Ashleigh Blechynden

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

AIATSIS, CATSI Act, Dispute management, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) Report
Dispute resolution Office of the Registrar of Indigenous Corporations

Managing disputes and the role of ORIC in resolving disputes.

Dispute management, ORIC Information Sheet