Resources and publications

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge.

Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making.

This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.

This paper examines the potential for native title organisations with limited asset bases to engage in successful commercial activity through joint venture enterprises. 

Firstly, we describe the development of the Federation of Victorian Traditional Owner Corporations as a state ‘peak-body’ of local native title organisations. We then discuss the Federation’s program of economic and commercial development both for its members and as an entity in itself, including the establishment of its incorporated joint ventures; Barpa Constructions Pty Ltd and On Country Heritage and Consulting Pty Ltd and commentary on the significance of the Commonwealth’s Indigenous Procurement Policy as a factor in this process.

The final section of the paper draws upon the experience of the Federation to examine how the legitimacy bestowed by the community ownership of native title organisations’ businesses creates a market advantage which is attractive to joint venture partners and can more than offset and deficit in terms of monetary resources available for investment in a newly established enterprise.

The paper concludes by reflecting that the market advantage bestowed by community ownership may well be a product of the racism inherent in Australian society’s hostility to wealthy Indigenous individuals.

This is a preliminary research report from the first year of fieldwork conducted by the Indigenous Community Governance Project (ICGP). The Project is exploring the nature of Indigenous community governance in diverse contexts and locations across Australia through a series of diverse case studies—to understand what works, what doesn’t work, and why. A comparative analysis of the Project’s case studies is revealing that governance and decision-making in Indigenous community governance is shaped by multiple historical, cultural and political relationships. Family and governance histories associated with particular communities and sets of regionally-linked communities are central features in community governance dynamics and arrangements. Strengthening Indigenous community governance requires negotiating appropriate contemporary relationships among the different Indigenous people within a region or community, and adapting or creating structures and processes to reflect important relationships. Several dimensions are being identified as being fundamental to building stronger, sustainable governance at the community and regional levels. These are the impact of the wider ‘governance environment’, cultural match and cultural geography, modes of leadership and representation, institutional capacity, organisational design and relationships, representation, decision-making processes, and human resource issues. Capacity development for governance needs to be considered within a systems framework and should be a process that actively strengthens Indigenous decision-making and control over their core institutions, goals and identity, and that enhances cultural match and legitimacy. The report concludes with some emerging issues and implications for policy makers and for Indigenous organisations and their leaders.

Explanation of closed and open questions.

Outlines different methods of decision-making.

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 examines the decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors.

Westpac commissioned Urbis to undertake research to understand the key drivers of economic development for Indigenous Australians. The aim of the research was to provide an evidence-base analysis of factors that support entrepreneurship and economic development, building on Australian and international literature and research.

The overarching research question was: What factors lead to successful economic development and job creation in Indigenous communities?

Traditional owners- native title claimants- native title holders- members of a prescribed body corporate. Who holds what native title rights? How can you exercise such rights? Post determination rights and interests are managed through a corporation governed by western laws and values. As is now well documented, this very structure required under the Native Title Act is often at odds with Indigenous decision making structures. This paper will begin to examine post determination issues surrounding the complex and layered network of native title ‘memberships’ and the parameters within which they must operate. There is often a fundamental misunderstanding as to how traditional rights and interests can be exercised and fully leveraged by Aboriginal and Torres Strait Islander people. In order to effectively manage native title greater clarity is required.

The topic 'Rules and policies' from the Indigenous Governance Toolkit has six sections,

1. Governance rules and policies
2. What are governance rules?
3. Governance rules and culture
4. Running effective meetings
5. Policies for organisations
6. Case studies

The topic 'Governing the Organisation' from the Indigenous Governance Toolkit has nine sections.

1. Governing the organisation
2. Roles, responsibilities and rights of a governing body
3. Accountability: what is it, to whom and how?
4. Decision-making by the governing body
5. Governing finances and resources
6. Communicating
7. Future planning
8. Building capacity and confidence for governing bodies
9. Case studies

In the Native Title ‘hot tub’ outlines the history and development of expert conferencing and expert concurrent evidence in Australia, including in the Federal Court. These approaches to expert evidence are a major development of the last decade, greatly reducing the hearing time of Native Title proceedings and the costs to the parties involved. The authors explore how expert conferences and concurrent evidence can narrow the issues in the Native Title claims of Aboriginal and Torres Strait Islander people, discussing in particular their experiences in four recent cases.

This document provides guidance for applicants applying for PBC Capacity Building grant funding under the IAS. It provides key information to assist applicants to complete the application form and should be read in conjunction with the IAS Grant Guidelines. An Application Form and draft Project Agreement together with the IAS Guidelines can be found on the Department’s website.

Information sheet about decision-making for PBCs.

ORIC newsletter about making decisions. 

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 provides an overview of the NTRU's analysis of the publicly available financial data submitted to the Office of the Registrar of Indigenous Corporations (ORIC), and examines the financial growth and development of PBCs from the financial year 2010-11 to 2015-16.

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 examines the distribution of wealth and growth of PBCs by size between the years 2010-11 and 2015-16 calculated in terms of net totals and growth rates in the areas of income, assets, equity and staff.

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.

This Discussion Paper explains how native title decisions and decisions to make a compensation application are to be made by Prescribed Bodies Corporate (PBCs) and explains the decision-making processes available to PBCs and common law holders. It also includes information on when PBCs can charge fees for their services.