Resources and publications

Displaying 1 to 20 of 26 results.
Title Author /s Summary Date Tag(s) Type
Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting Toni Bauman, David Parsons

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.

AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research Report
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
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
Developing a Strategic Plan Community Toolbox

Information about developing a strategic plan

Governance, Strategic planning Website
Good governance guide Victorian Local Governance Association

The Good Governance Guide is a practical resource for anyone involved in the decision-making process in Victoria’s local government sector. It focuses on the areas where good governance has the most impact and offers suggestions for how it can work.

Governance, Strategic planning, Succession Planning Guide
Governing the Organisation Indigenous Governance Toolkit

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
Decision making, Governance, Leadership, Strategic planning Information Sheet
Information for PBCs on changes to native title laws and obligations CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting Fact sheet
International laws and developments relating to Indigenous knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

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. 

Environment, Heritage, Human rights, Indigenous knowledge, Legal Article / paper
Legal context for PBC decision making Aurora

Information sheet about decision-making for PBCs.

Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) Information Sheet
Legal issues in transferring research materials from NTRB/SPs to RNTBCs Angus Frith

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.

Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) Presentation
Legal protection of Indigenous Knowledge in Australia Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong

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

Indigenous knowledge, Indigenous law, Legal Article / paper
Mornington Island Restorative Justice Project report Queensland Government

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.

Community, Culture, Dispute management, Legal Report
Native Title Anthropology after the Timber Creek Decision Pamela Faye McGrath

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.

Compensation, Legal, Native Title Act Article / paper
Native Title Report 2005 Australian Human Rights Commission

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.

Commercial development, Finance, Human rights, Legal, Native Title Act Report
Native Title Report 2011 Australian Human Rights Commission

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.

Land and sea management, Legal, Native Title Act Report
Our Community - Resource Bank - Board, Governance & Leadership ourcommunity.com.au

The Community Tool Box contains a range of information about community development including resources on strategic planning, leadership and communication.

Communication, Leadership, Strategic planning Website
PBC decision-making, certification and fees for service discussion paper CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book Fact sheet
PBCs Working in Two Worlds Aurora

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.

Governance, Government, Indigenous knowledge, Indigenous law, Legal, PBCs (Prescribed Body / Bodies Corporate) Website
PEST and SWOT analysis template Michal Carrington, Murra Indigenous Master Class Program, university of Melbourne

PEST (Political, Economic, Social, Technological) analysis and SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis are common tools used in strategic planning for corporations.  This document provides examples used in PBC workshops and is therefore relevant to PBC business. It can be used as template to be modified to your PBC's needs. 

Communication, Strategic planning Template
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward David Ritter

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

Land rights, Legal, Native Title Act, Water rights Article / paper