Resources and publications

Displaying 1 to 20 of 32 results.
Title Author /s Summary Date Tag(s) Type
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
Barunga Agreement Northern Territory Government

The Northern Territory’s four Land Councils and the Northern Territory Government have today signed an historic Memorandum of Understanding (the “Barunga Agreement”), paving the way for consultations to begin with Aboriginal people about a Treaty

Government, Indigenous knowledge, Indigenous law, Justice, Treaty Article / paper
Caring for country and sustainable Indigenous development: Opportunities, constraints and innovation John Altman, Peter Whitehead

This paper explores how Indigenous community-based natural resource management can generate both conservation benefit and economic development opportunity. We begin by noting that much of the Indigenous estate in north Australia is either thinly populated or unpopulated. There is emerging evidence that, in situations where Indigenous people live on their country, ecological and wider benefits are generated via favourable fire regimes, control over weed infestations, and potentially through feral animal harvesting. When people are on country, they generate economic benefit for themselves by harvesting wildlife for consumption and engage with the market sector by using natural resources in commercial enterprise like arts and crafts production. We argue that there is a strong correlation between such activities and cost-effective natural resource management. Links between landcare, wildlife use and biodiversity conservation need to be recognized, celebrated and supported. The removal of many barriers to enhanced and innovative Indigenous participation in such activities, and equitable public support through programs like Landcare, will facilitate sustainable economic development options that are compatible with Indigenous priorities, while ameliorating Indigenous disadvantage.

CAEPR, Caring for Country, Commercial development, Community development, Environment, Fire, Land and sea management Article / paper
Commissioner’s statement on PBIs Australian Charities and Not-for-profits Commission

The purpose of this Commissioner’s Interpretation Statement is to provide guidance on the ACNC’s view on the meaning and scope of the charity subtype of ‘Public Benevolent Institution’ (PBI) for ACNC purposes.

Government, NFP (Not-For-Profit) Article / paper
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate Geoff Buchanan

While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established to hold and/or manage native title rights and interests.

A predominant view persists of Aboriginal and Torres Strait Islander women as excluded or marginalised in native title. Statistical data for the year 2011–12 reveals, however, that women’s representation on PBC boards is higher than that found in mainstream sectors, while the literature reveals a complex picture of cultural, historical, demographic, institutional and intercultural factors that influence men’s and women’s participation and power in the native title arena.

A key generational concern is the relatively low number of older people and the growing number of young people in the Aboriginal and Torres Strait Islander population. Viewed in relation to the Aboriginal and Torres Strait Islander population and projected changes, the pool of potential PBC directors looks likely to grow in coming years. This paper argues that, as an increasingly significant sector, PBCs have the potential to both contribute to and benefit from the strengthening of community capacity but this potential will not be realised until the constraints on the capacity of PBCs to meet their statutory obligations and pursue native title holder aspirations are addressed.

Directors, Leadership, PBCs (Prescribed Body / Bodies Corporate), Youth Article / paper
History and native title: The making of a community asset Dr Michael Bennett, Grace Koch

This paper gives a brief description of what type of documentation is needed for a native title claim, what happens to the materials both during and after the claim process and how the research creates a valuable community asset. Finally, there is consideration of various options for the management of the historical material to give greater access and control to the indigenous communities in NSW.

Community, Native title materials, Research Article / paper
In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title Vance Hughston, Tina Jowett

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.

AIATSIS, Finance, Native Title Act Article / paper
Indigenous data sovereignty Australian Indigenous Governance Institute

This briefing paper provides general information on the 2018 Indigenous Data Sovereignty Summit is a collaboration between the Maiam nayri Wingara Indigenous Data Sovereignty Network and the Australian Indigenous Governance Institute.

Data sovereignty, Indigenous knowledge Article / paper
Indigenous Knowledge: Issues for protection and management Terri Janke, Maiko Sentina

This discussion paper presents the issues faced in Australia for the protection and management of Indigenous Knowledge. 

Culture, Indigenous knowledge, Indigenous law, Language Article / paper
Indigenous language and language rights in Australia after the ‘Mabo’ (No 2) Decision - a poor report card Laura Beacroft

This paper investigates one element of the decision in Mabo v Queensland [No 2] (1992) 175 CLR 1, namely Indigenous languages, and whether there has been a transformational shift in the treatment and recognition of Indigenous languages and language rights post-Mabo. 

Language Article / paper
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
Joint statement on board minutes Australian Institute of Company Directors, Governance Institute of Australia

In this statement, the Australian Institute of Company Directors (AICD) and Governance Institute of Australia (Governance Institute) summarise key principles, provide their view on matters to be included in minutes, and consider the approach to board papers and document retention policies.

Board, Minutes Article / paper
Junyirri: A framework for planning community language projects First Language Australia

Junyirri is intended to guide people in thinking about their current language situation, their aspirations for the use of language in their community, what assets their community has available, and the types of language programs that might be suitable for their situation.

Community, Language Article / paper
Karajarri: A West Kimberley Experience in Managing Native Title Jessica Weir

In 2002 and 2004 Karajarri had their native title rights and interests recognised to over 31,000 square kilometres of land in the West Kimberley, south of Broome. This is an area about half the size of Tasmania. Here there are pastoral stations, mining interests, coastal and desert lands, and the large Aboriginal community of Bidyadanga. Karajarri had one of the first native title determinations to be recognised in the Kimberley and had the first native title application in which applicants were represented exclusively by the Kimberley Land Council.

Agreements, AIATSIS, Governance, Land and sea management Article / paper
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
Let’s talk about success: exploring factors behind positive change in Aboriginal communities Janet Hunt

This paper draws on interviews with leaders of successful Aboriginal organisations to understand the factors behind the successes that they are achieving in their communities.

CAEPR, Community development, Making it work Article / paper
Native title and commercial fisheries: the Torres Strait sea claim Gabrielle Lauder, Lisa Strelein

For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially.

AUSTLII, Fishing, Native Title Act, Water rights Article / paper
Native title and governance: The emerging corporate sector prescribed for Native Title holders Jessica Weir

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

Commercial development, Governance, PBCs (Prescribed Body / Bodies Corporate) Article / paper
Native Title and Tax: Understanding the Issues Miranda Stewart

Outlines the treatment of income tax under native title agreements

AUSTLII, Native Title Act, Tax Article / paper