Resources and publications

Factsheet about having independent directors on the board.

This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff.

This board induction checklist provides a downloadable template for your PBC to formalise the induction process of new board members. It contains suggestions on documents to be included in an induction kit and when and by whom the new board is inducted. 

This information sheet provides brief information about materials relating to native title compensation research.

ORIC newsletter about CEO accountability. 

This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA).

An guide to creating a board dispute resolution policy.

This guide is for people who are, or are thinking of becoming, board members of a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). It focuses on good governance and how it helps charities in the context of their obligations.

This guidebook provides information on how to select independent directors for the Aboriginal boardroom. 

Independent Directory connects skilled and interested people looking to become an independent director with Aboriginal and Torres Strait Islander corporations looking to appoint the right independent directors to their boards. It is a free service that allows: *Individuals to register an interest in being an independent director, identifying their experience and skills. *Aboriginal and Torres Strait Islander corporations to promote board vacancies. The service finds matches and allows candidates and corporations to initiate contact with each other. Candidates and corporations are in control of how much detail they reveal about themselves to the public and what they show only to their connections.

In this statement, the Australian Institute of Company Directors (AICD) and Governance Institute of Australia (Governance Institute) summarise key principles, provide their view on matters to be included in minutes, and consider the approach to board papers and document retention policies.

This guidebook provides information about how a board member in a non-profit or voluntary organization manages conflict. 

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.

Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land.

The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance.

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

ORIC newsletter about independent directors.

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.

Taungurung Land and Waters Council and AIATSIS collaboratively produced a decision-making guide for Taungurung people to use in governance.

The guide contains practical information on:

• Compliance and legal requirements
• Decision-making models
• Separation of powers
• Conflicts of interest
• Subsidiarity
• Cultural governance

The guide is of practical use for Taungurung Land and Waters Council in governance, assisting communication and engagement, inducting new board members, and managing disagreements about procedures and policies.

It will also be of interest to other Indigenous corporations that are working on their own decision-making structures, processes and models, particularly native title Prescribed Bodies Corporate (PBCs) and other traditional owner corporations.