Issues and discussion papers

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Title Type Author / Editor Date
Native Title Anthropology after the Timber Creek Decision Issues paper Pamela Faye McGrath Jan, 2017 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.
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities Issues paper Mar, 2016 Aboriginal and Torres Strait Islander community governance can be greatly impacted by the nature of the land tenure held or managed by the community. 
Reflections on a native title anthropology field school Discussion paper Andrew McWilliam, Jodi Neale Apr, 2015 An account of new ideas and approaches for teaching native title anthropology.
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate Issues paper Geoff Buchanan Mar, 2015 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.
Black and green revisited: Understanding the relationship between Indigenous and environmental political formations Issues paper David Ritter Nov, 2014 This paper re-visits the supposed rift and complexities between environmentalists and indigenous people — 'green' and 'black', both internationally and in Australia. The author writes about Greenpeace's international experience of working with indigenous people in the Americas and the sub-Arctic, and looks at the underlying dynamics that can contribute to disputes  between Australian Indigenous people and environmentalists.
In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title Issues paper Vance Hughston, Tina Jowett Aug, 2014 Explore how expert conference and concurrent evidence can greatly reduce the hearing times and costs of Native Title proceedings. It discusses the experiences of Aboriginal and Torres Strait islander people in four recent cases.
What’s needed to prove native title? Finding flexibility within the law on connection Discussion paper Nick Duff Jun, 2014 Analyses the law in proving native title claims. This discussion paper provides a guide for both claimants and governments regarding flexibility within the law for consent determinations.
Gardens of discontent: health and horticulture in remote Aboriginal Australia Discussion paper Ernest Hunter, Leigh-ann Onnis, John Pritchard Feb, 2014 Looks at the history of Indigenous health in relation to foraging and 'farming' in the remote regions of Australia. This discussion paper focuses on Cape York in remote northern Australia, and the community of Lockhart River in particular, to outline the historical and contemporary factors that have undermined, and continue to undermine, the contribution of horticulture to improving Aboriginal health.
We have the song, so we have the land: song and ceremony as proof of ownership in Aboriginal and Torres Strait Islander land claims Discussion paper Grace Koch Jun, 2013 Discover the role of songs and ceremonies as evidence in land claims under the Aboriginal Land Rights (Northern Territory) Act 1976 and the Native Title Act 1993.
Pathways to the co-management of protected areas and native title in Australia Discussion paper Toni Bauman, Chris Haynes, Gabrielle Lauder May, 2013 This discussion paper considers the co-management arrangements of protected areas by the Australian and state governments, and Indigenous involvement in managing the environment. It suggests the most successful ways to co-manage are likely to be the result of both legal and administrative structures.
Re-evaluating Mabo: the case for Native Title reform to remove discrimination and promote economic opportunity Issues paper Shireen Morris Jun, 2012 This paper argues that the judgement for the Mabo case may have been discriminatory and suggests that Native Title law should be reformed to recognise Indigenous people's full and beneficial ownership of their land where it has not been extinguished.
Constitutional reform and its relationship with land justice Issues paper Sean Brennan Oct, 2011 A look at the link between land justice and constitutional change. It covers five areas for possible constitutional change and discusses the practical implications of Native Title.
Recognising Indigenous peoples in the Australian Constitution: What the Constitution should say and how the referendum can be won Issues paper George Williams Sep, 2011 This paper provides an overview of the challenges in making changes to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution. It examines the background to proposed changes, how the Constitution could be changed and how a referendum on this topic could be won.
Challenging the assumptions of positivism: An analysis of the concept of society in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] and Bodney v Bennell [2008] Issues paper Marcelle Burns May, 2011 This paper analyses the concept of society as an element of proof for Native Title and argues that framing Indigenous law with the legal norms of Western law has its problems. It features two case studies that offer potential for a new legal interpretation of society which is based on the views of native title claimants.
Housing on Native Title lands: responses to the housing amendments of the Native Title Act Issues paper Claire Stacey, Joe Fardin Mar, 2011 In 2010, the Native Title Act was amended to improve public housing on Native Title lands. Through an analysis of parliamentary submissions, this paper questions the effectiveness of and support for the changes.
Will the real Aborigine please stand up? Strategies for breaking the stereotypes and changing the conversation Discussion paper Scott Gorringe, Joe Ross, Cressida Fforde Jan, 2011 A conversation on the deficit mindset that pervades many Aboriginal communities, and the perceptions of Aboriginal identity and 'authenticity' that feed into it.
Written proof: The appropriation of genealogical records in contemporary Arrernte society Issues paper Rebecca Morgan, Helen Wilmot Sep, 2010 A look at the use of genealogies in Indigenous land claims and the vexed questions that arise when the same genealogies figure in disputed and competing claims.
Gaps in Australia's Indigenous language policy: dismantling bilingual education in the Northern Territory Discussion paper Dr Jo Caffery, Patrick McConvell, Jane Simpson Dec, 2009 This discussion paper recognises the importance and benefits of bilingual education for Indigenous children. It outlines the rights to decision-making within communities in maintaining Indigenous languages, and looks at the policy change in the Northern Territory.
Scoping process issues in negotiating Native Title agreements Discussion paper Delwyn Everard Dec, 2009 This discussion paper focuses on the process issues faced by groups claiming native title. It is based on interviews with people who have experience across a broad range of native title negotiations.
The Promise of Comprehensive Native Title Settlements: The Burrup, MG-Ord and Wimmera Agreements Discussion paper Krysti Guest Dec, 2009 This discussion paper looks at the development of specific agreements, Indigenous governance, decision-making processes, respect for the status of traditional owners and government capacity to undertake comprehensive settlements.
The family connection when a charity is for the advancement of Indigenous Peoples: Australia and New Zealand compared Issues paper Associate Prof Fiona Martin, Audrey Sharp Nov, 2009 In New Zealand tax law, ‘charitable’ status can now be claimed by Indigenous groups defined by family or blood connection. This paper ponders whether Australia should follow a similar path.
Negotiation in good faith under the Native Title Act: A critical analysis Issues paper Sarah Burnside Oct, 2009 Native Title holders have a legislated right to negotiate over mining and other activities that take place on their land, but that right remains inherently difficult to enforce. Sarah Burnside argues the case for legislative change.
Reconciling Indigenous Peoples' Sovereignty and State Sovereignty Discussion paper Prof Paul L.A.H. Chartrand Sep, 2009 This discussion paper explores common features of the Indigenous reconciliation debate in both Canada and Australia.
Native Title in Canada and Australia post Tsilhqot'in: Shared thinking or ships in the night? Issues paper Simon Young Aug, 2009 The legal case Tsilhqot’in Nation v British Columbia marked a departure in judicial thinking about ‘Aboriginal title’ in Canada. This paper explains its significance from both the Canadian and Australian perspectives.
Societies, communities and Native Title Issues paper Kingsley Palmer Aug, 2009 Anthropologist Kingsley Palmer looks at the juncture of law and anthropology in Native Title cases, in particular how these disciplines use and understand the terms ‘community’ and ‘society’.
Policy Change and the Indigenous Land Corporation Discussion paper Patrick Sullivan Jul, 2009 This discussion paper investigates changes in policy of the Indigenous Land Corporation from its beginnings in 1995 to the present day. It covers its tighter control of application procedures and its shift in focus to to joint programs with other government agencies.
Holding title and managing land in Cape York: Two case studies Discussion paper Prof Paul Memmott, Peter Blackwood Dec, 2008 This paper features two case studies from Cape York and the effective design and operation of Prescribed Body Corporates relating to native title.  It follows on from previous publications on the practical aspects of native title and Indigenous land ownership.
Indigenous epistemology and wellbeing: Universe referent citizenship Discussion paper Kerry Arabena Dec, 2008 This paper considers the potential for wellbeing within the concept of the universe as an 'acceptance of and protection of the welfare of all human beings and nature'. It draws on Indigenous philosophies and ecological knowledge and summarises responses from a series of interviews on the subject and offers some recommendations.
Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity Issues paper Chief Judge Joe Williams Jun, 2008 Chief Judge Joe Williams, appointed to the Maori Land Court in 1999, talks about transitional justice and reflects on what is common in the Indigenous stories of both Australia and New Zealand.
Impacts and opportunities of climate change: Indigenous participation in environmental markets Issues paper Emily Gerrard Apr, 2008 For Indigenous Australians, the enormous global problem of climate change is also an opportunity to use traditional knowledge of country in environment based commerce. Author Emily Gerrard explores this challenging dichotomy as well as possible legal redress for damage and loss caused by climate change.
Plus ca change, plus c’est la meme chose?: The 2007 amendments to the Native Title Act Issues paper Justice Robert French Feb, 2008 This paper focuses on the historical context of the 2007 amendments to the Native Title Act and the court's response to the legislative changes. It also looks at the how court and the National Native Title Tribunal will continue to function cooperatively within their respective spheres.
Ethnographic evidence, rights and interests, and Native Title claim research Issues paper Lisa Corbellini Sep, 2007 A discussion of the relevance of the Native Title statutory framework to ethnographic research. It explores the kind of evidence relevent to anthropologists when researching Native Title claims.
Reforming the claims resolution process: Opportunities and obstacles Issues paper Graeme Neate Aug, 2007 In 2007 numerous legislative and administrative changes were made to key aspects of the Native Title system. Many of those changes affect how Native Titleclaims are resolved. The statutory changes have re-oriented aspects of the relationship between the Federal Court and the National Native Title Tribunal, and have given the Tribunal additional powers and functions in relation to the mediation of Native Title claims. This paper outlines the key changes, and identifies some of their implications and opportunities for a more effective and efficient claims resolution process.
Native title and governance: The emerging corporate sector prescribed for Native Title holders Issues paper Jessica Weir Jul, 2007 A review of Indigenous governance issues and Prescribed Bodies Corporates (PBCs) within the Native Title context. It includes Federal Government reforms and policy recommendations designed to support more efficient PBCs.
Jango: Payment of compensation for the extinguishment of Native Title Issues paper Tina Jowett, Kevin Williams May, 2007 This paper examines the court's treatment of Division 5 Part 2 of the Native Title Act 1993 as it relates to criteria for determining extinguishment.
Anthropology and applications for the recognition of Native Title Issues paper Kingsley Palmer Mar, 2007 This paper examines the role of anthropology in relation to Native Title and how anthropologists can contribute to the process. It looks at the process, its demands and what anthropologists can offer as experts.
Communal land and the amendments to the Aboriginal Land Rights Act (NT) Discussion paper Prof Michael Dodson AM, Diana McCarthy Dec, 2006 This paper focuses on the amendments to the Aboriginal Land Rights Act (Northern Territory) 1976 concerning communal title — especially the proposed privatisation of areas of Aboriginal land and the opposition to this proposal.
Aborigines and uranium: Monitoring the health hazards Discussion paper Colin Tatz, Alan Cass, John Condon, George Tippett Dec, 2006 This paper looks at one critical case study of an Aboriginal community living near a uranium mine and mill in the Kakadu region. It addresses issues raised in the draft report of the Uranium Mining, Processing and Nuclear Energy Review and offers a positive model for ongoing monitoring of health protection and prevention measures.
Back to Redfern: Autonomy and the 'Middle E' in relation to Aboriginal Health Discussion paper Ernest Hunter Jul, 2006 This paper challenges medical doctors to think about what it means to strive for a just society for the health of Indigenous people. It looks at the competing values and responsibilities at the 'clinical coal-face'.
Waiting for Mary: Process and practice issues in negotiating Native Title Indigenous decision-making and dispute management management frameworks Issues paper Toni Bauman Jun, 2006 A scenario that looks at the need for negotiating a framework for decision-making and dispute management in native title. It raises the practical issues of negotiating this framework including contingency plans.
Balancing the scales of Indigenous land justice in Victoria Issues paper Dr Wayne Atkinson Mar, 2006 This paper looks at the gains made from the Wotjobaluk Native Title Consent Agreement 2005. It considers it in the context of Indigenous land justice in the twenty-first century and argues that this case may well be another act of dispossession.
Not fit for modern Australian society: Aboriginal and Torres Strait Islander people and the new arrangements for the administration of Indigenous affairs Discussion paper Kerry Arabena Dec, 2005 This is the story of one Indigenous woman's thoughts and analysis of the first 12 months of the Government's new arrangements in the administration of Indigenous affairs. It also outlines the background, the details and the impact of the new arrangements on Indigenous people.
Native title-holding groups and Native Title societies: Sampi v Western Australia Issues paper Dr Lisa Strelein Nov, 2005 This paper examines the basis for the court's finding in the Native Title claim made by the Bardi Jawi people In Western Australia in 1995. It presents possible alternatives that may have been open to the court.
White picket fence or Trojan horse? The debate over communal ownership of Indigenous land and individual wealth creation Issues paper Dr Stuart Bradfield Jun, 2005 This paper tracks the debate surrounding wealth creation on communally owned Indigenous land. It identifies questions on issues of social organisation, not just economics and politics.
Whose benefits? Whose rights? Negotiating rights and interests amongst Indigenous native title parties Issues paper Toni Bauman Apr, 2005 An examination of competing meanings of Aboriginal human rights and interests as they may be interpreted under the Native Title Act 1993 and in the  mediation process. 
Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760 Issues paper Dr Lisa Strelein Mar, 2005 In this forensic look at the law governing named applicants in Native Title cases, Dr Strelein examines the decision in Bolton v WA [2004] FCA 260 against a backdrop of similar cases. 
Indigenous rights to water in the Murray Darling Basin: in support of the Indigenous final report to the Living Murray Initiative Discussion paper Monica Morgan, Dr Lisa Strelein, Jessica Weir Dec, 2004 This paper focuses on the Indigenous rights to water in the Murray Darling Basin and draws on consultations with the Murray Darling Basin Commission and Indigenous communities. It covers understanding the diversity of Indigenous interests, ownership and recognition; as well as reparations and compensation.
The business of process: Research issues in managing Indigenous decision-making and disputes in land Discussion paper Toni Bauman, Rhiân Williams Dec, 2004 A discussion of the issues in managing Indigenous decision-making and disputes over land. It includes the need for localised approaches to making decisions that are in keeping with the needs of Indigenous communities. It also looks at alternative dispute resolution and the consideration of culture as part of the negotiating process.
The Limitations of Litigation in Stolen Generations Cases Discussion paper Chris Cunneen, Julia Grix Dec, 2004 This paper reviews the progress of litigation by members of the Stolen Generations in Australia's courts. It looks at the key applicants and their claims, the unique difficulties they have encountered and the limitations of the litigation process.
ATSIC: Origins and Issues for the Future. A Critical Review of Public Domain Research and Other Materials Discussion paper Kingsley Palmer Dec, 2004 A review of the Aboriginal and Torres Strait Islander Commission (ATSIC). Topics include its origins, public and political statements, public policy and research relevant to ATSIC.