Resources and publications

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 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

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.

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.

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.

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

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. 

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. 

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.

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.

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

This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. 

The panel discussed the progress that PBCs in the Torres Strait region have made since the Mabo decision and highlights certain milestone achievements of their struggles. 

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.

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.

Mr Hughston SC will discuss the approach taken by the Court in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek) to the assessment of compensation and in particular the division of the award of compensation into components of economic and non-economic loss. Mr Hughston SC will discuss the uncertainties associated with both components.

An Ethics Workshop will be held for PBCs and Traditional Owners to be aware of best practice ethical research standards that should be used by researchers when working with Traditional Owners.

The workshop will introduce you to the themes and principles outlined in AIATSIS’s Guidelines for Ethical Research in Australian Indigenous Studies (GERAIS). Examples and case studies will help you understand how and why the GERAIS principles should be the minimum standards applied to any research on your land and sea country.

There is a concern that the PBCs and Traditional Owners are not as familiar with ethical standards as the researchers are and how they should be applied to any research. This seems to be a one-sided conversation. GERAIS will educate and inform PBCs and TOs about ethical standards in research taking place across Indigenous estates – IPAs, Ranger work including compliance and enforcement issues, Indigenous engagement in Government processes and other research as well as Native Title and PBC research. It is so critically important that PBCs and TOs know what to expect from both the researcher and the participants so that they are well informed before they enter into a research agreement.

In a new world where there are increasing numbers of Australian Aboriginal Peoples obtaining positive native title determinations across large tracts of local government and/or nature conservation regulated lands:

1. it is noted that in Queensland new local government statutory land use planning legislation excludes registered native title holders from standard development application owner's consent requirements and associated notification requirements
2. it is further noted the relevant Queensland Department of Infrastructure, Local Government, and Planning is preparing proposed new statutory planning options for Aboriginal peoples including particularly registered native title holders
3. it is also noted the statutory authority responsible for the management of 900 000 hectares of Wet Tropics World Heritage is reviewing its statutory land use management plans and the board of that Authority is seeking Aboriginal owners (native title) free, prior and informed consent to revise thier statutory management plan

Noting all the above Vincent Mundraby & Bruce White will assemble Queensland statutory land use planning specialists and agency representatives, and facilitate a workshop around the above two Queensland statutory planning case studies to discuss and explore how registered native title holders might be better integrated into statutory land use planning across Queensland & Australia.

The PBC capability and services framework is a comprehensive model that PBCs can use to asses the critical tasks required of a sustainably functioning, self-sufficient PBC. The framework supports the PBC to identify the capability they need to mature and the processes, systems and services that are required to progress the PBC toward independence and self-sufficiency. The framework specifically targets the development of those PBCs which are maturing and where additional strategic support will build capacity to allow the PBC to better engage in opportunities for sustainable economic development. This includes PBCs being able to identify, target and access the best value from PBC support services available to them.

The KLC is currently working with a number of PBCs throughout the Kimberley region in assessing capabilities and services under the framework. Through a model of facilitation and engagement, PBCs are able to obtain a holistic view of their current capabilities and establish proactive capability pathways and support services that are best placed to sustainably cultivate functional and dynamic PBCs into the future. Such capability can better place PBCs to actively engage and initiate opportunities derived from Native Title for Traditional Owners.

Since the commencement of the Native Title Act, traditional owners have been asked to negotiate and make important decisions concerning their native title. While the Act allows for and even encourages the use of traditional decision making, this is required to be blended with modern Western notions of corporate governance and meeting procedures.

The recent decision of the Federal Court in McGlade has underlined some of the difficulties associated with the requirements of the Act for reaching decisions on important matters, and has raised questions about the proper roles of the registered native title claimants and the broader native title community. After native title has been determined, traditional owners must develop complex processes which accommodate longstanding cultural norms as well as the onerous requirements of the NTA and CATSI Act. If not handled maturely and sensitively, these processes can result in feelings of disempowerment and disengagement as well as causing or exacerbating intra-indigenous conflict. The paper will examine Court decisions which have highlighted problems with the cultural clashes which have resulted from the current system and also look at some innovative approaches which one PBC is developing in order to truly honour the cultural knowledge of the traditional owners.

For access to Castledine, Evans & James' paper on the topic follow this link.