Resources and publications

Displaying 1 to 20 of 45 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
A Way Forward - Final report into the destruction of Indigenous heritage sites at Juukan Gorge Joint Standing Committee on Northern Australia

This report is the final report resulting from the federal parliamentary inquiry into the destruction of the Juukan Gorge Aboriginal heritage sites by Rio Tinto on 24 May 2020. This tragic event, and the national condemnation of the actions of Rio Tinto, has sparked action to address the legislative failings that allowed the destruction of the Juukan Gorge sites–and similar sites around the nation. The Juukan Gorge disaster is just one example of countless instances where cultural heritage has been the victim of the drive for development and commercial gain. The report makes a number of recommendations aimed at preventing future destruction.

 

Caring for Country, Culture, Heritage, Mining Report
Aboriginal assets? the impact of major agreements associated with native title in Western Australia Sarah Prout Quicke, Alfred Michael Dockery, Aileen Hoath

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Agreements, ILUA (Indigenous Land Use Agreement), Mining, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Trusts 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
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
Australian Indigenous Leadership Centre Australian Indigenous Leadership Centre

The Australian Indigenous Leadership Centre (AILC) aims to foster and nurture a new era of Indigenous leadership by:

  • Helping to Close the Gap between Indigenous and non-Indigenous Australians by providing Indigenous leadership training and support
  • Developing a network of graduates across Australia to provide support and further opportunities to learn and develop leadership skills
  • Researching the primary enablers of effective leadership in an Indigenous context
  • Promoting the value of Indigenous leadership nationally.

As Australia’s only national provider of accredited Indigenous leadership education programs, the AILC has transformed the lives of more than 2000 graduates since it was established in 2001.

Leadership Website
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
Building Indigenous community governance in Australia: Preliminary research findings Centre for Aboriginal Economic Policy Research

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.

Capacity building, Community development, Decision making, Governance, Leadership, Partnerships 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
Commercial opportunities from Native Title: The Antakirinja Matu-Yankunytjatjara peoples' journey to economic benefit Ian Crombie, John Hender

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

Commercial development, Community development, Future acts, Land and sea management, Mining, Strategic planning, Trusts Presentation
Complaints involving corporations Office of the Registrar of Indigenous Corporations

Advice for dealing with complaints.

Dispute management, ORIC Information Sheet
Contested Governance: Culture, power and institutions in Indigenous Australia Janet Hunt, Diane Smith, Stephanie Garling, Will Sanders (eds)

This collection of papers examines the dilemmas and challenges involved in the Indigenous struggle for the development and recognition of systems of governance that they recognise as both legitimate and effective.

CAEPR, Governance, Indigenous knowledge, Leadership Book
Different models of Aboriginal and Torres Strait Islander governance Australian Indigenous Governance Institute

Aboriginal and Torres Strait Islander models of community and regional governance are based on networks of interconnected layers of leaders, groups of people, and land-ownership rights and interests. They are arranged in different ways, depending on what suits the particular community or organisation. 

Governance, Leadership Fact 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
Disputes and complaints Indigenous Governance Toolkit

The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,

  1. Dealing with disputes and complaints
  2. Aboriginal and Torres Strait Islander and non-Indigenous approaches
  3. Core principles and skills for dispute and complaint resolution
  4. Disputes and complaints about governance
  5. Your members: dealing with disputes and complaints
  6. Organisations: dealing with internal disputes and complaints
  7. Practical guidelines and approaches
  8. Case studies
Dispute management, Governance Information Sheet
Disputes involving Corporations Office of the Registrar of Indigenous Corporations

ORIC policy statement explaining their role in resolving disputes involving corporations.

Dispute management, ORIC Information Sheet
Effective Governance Te Puni Kōkiri

This information is designed to help trustees and directors of Māori organisations with their responsibilities and role as guardians and leaders.

It aims to support those who have taken up that challenge by sharing best practice on the essential elements of effective governance. Whether it’s for a small whanau trust or a major trading company, there are sound principles for safeguarding and growing assets for the benefit of their owners.

Governance, Leadership Website
Effective Governance: Board Dispute Resolution Policy Effective governance

An guide to creating a board dispute resolution policy.

Board, Dispute management Information Sheet