Resources and publications

This report provides insights into a digital approach to returning native title materials using digital forensic analysis. Great volumes of hardcopy and digital materials can be interrogated with a keyword search once ingested into a NUIX database to retrieve relevant documents. It provides step-by step diagrams and the ETNTAC Native Title Materials Policy and Procedure.

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.

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.

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.

This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform.

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.

The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches.

This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. 

Information sheet about decision-making for PBCs.

Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs.

This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge.

The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system.

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.

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 first document sets out some background information about what a lawyer is and their duty to you as a client. The second document outlines some questions that you may like to ask a lawyer when you are seeking advice on native title matters.

This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision.

The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians.

The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience.