Resources and publications

In this book, Mantziaris, a barrister, and Martin, an anthropologist, explore the question of the legal framework for native title management following a determination of native title in favour of a particular indigenous group. The book clarifies, for native title practitioners, what is involved in establishing native title corporations and the legal and policy problems that will be faced.

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.

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.

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.

This paper discusses how the governance potential of PBCs is challenged by the PBC governance context.

AIATSIS embarked on a research and resource project to develop greater understanding of the Prescribed Bodies Corporate (PBC) environment, native title holder aspirations and to bring together resources and develop networks that may be of benefit to them. The first of a series of workshops was held by the Native Title Research Unit in Canberra on 5-6 December 2006. The workshop was attended by Native Title Representative Bodies who have been or will be involved in the design and establishment of PBCs following a determination of native title. Participants also included government representatives from the Department of Families, Community Services and Indigenous Affairs and Attorney General’s Department who gave presentations on the proposed changes to PBCs as a part of the Australian Government’s broader native title reforms.

This report is based on the major issues, themes and discussions that arose during the workshop. In particular, it focuses on measures to improve the effectiveness of PBCs and coincides with the Government’s recognition of the need for resources and support for PBCs to adequately carry out their functions.

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.

This research paper aims to better understand factors that contribute to corporate failure in Indigenous corporations.

Sharing Success Governance Workbook is a valuable resource introducing Indigenous community governance concepts, examples of good practices, signs of problems and diagnostic checklists used for a Reconciliation Australia Sharing Success Indigenous governance workshop held in September 2007 in Mt Isa, Queensland. The content of the workbook is drawn from the findings of the Indigenous Community Governance Research Project and analysis of all the Indigenous Governance Award applications. This workbook is an example of one of the very practical tools for Indigenous communities and organisations that has been developed from the Indigenous Community Governance research. 

This native title newsletter provides an overview of PBCs' pricing structure. 

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

Information sheet about decision-making for PBCs.

This factsheet details the roles and requirements of PBCs entering into Indigenous Land Use Agreements (ILUAs). This factsheet provides an overview of the various types of ILUAs as well as some of the legal requirements and processes needed for the future act(s). Please note some of this information may be outdated. 

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 presents a case study of an exercise in Aboriginal community governance. It sets out the background events that led the Yawuru Native Title Holders Aboriginal Corporation to secure information for its own needs as an act of self-determination and essential governance, and it presents some of the key findings from that exercise

Information about Future Acts for PBCs. 

This is a basic model for solving problems using a facilitator, adapted from a model provided by the Office of the Registrar of Indigenous Corporations. 

Working through the questions in this conflict analysis tool will help you understand and minimise the causes of conflict.

Advice for dealing with complaints.

Managing disputes and the role of ORIC in resolving disputes.