Research reports

Title Type Author / Editor Date
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) Review – Phase 1 Submission Dr Lisa Strelein, Dr Belinda Burbidge Feb, 2020 In this submission, AIATSIS addresses the scope of the 2020 CATSI Act Review. As the number of Registered Native Title Bodies Corporate (RNTBC) continues to grow, the proposed review is a timely opportunity to address some of the outstanding issues surrounding RNTBCs and their obligations under the Native Title Act as well as the need for greater autonomy and self-government in the future.
Livelihood values of Indigenous customary fishing: Final report to the Fisheries Research and Development Corporation Research report Luke Smyth, Hayley Egan Nov, 2018
An office for advocacy and accountability in Aboriginal affairs in Western Australia Submission Dr Lisa Strelein, Cedric Hassing Oct, 2018 In this submission, AIATSIS supports the establishment of an independent office for advocacy and accountability in Aboriginal affairs in Western Australia.
AIATSIS Submission to Senate Inquiry into Australia's faunal extinction crisis Submission Dr Lisa Strelein, Cedric Hassing, Ms Rachel Ippoliti Sep, 2018 In this submission, AIATSIS supports the inquiry into faunal extinction that includes consultation with Aboriginal and Torres Strait Islander stakeholder groups. AIATSIS supports the resourcing of Aboriginal political communities who know the environment and are in place and on country to undertake ecological management. This will redress the destruction of the environment that has taken place to date and immediately address Australia's faunal extinction crisis by employing and engaging with Indigenous Knowledges effectively.
National picture: Small native title corporations – income and costs Policy paper Dr Iain G. Johnston, Dr Belinda Burbidge Jul, 2018 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper draws upon research conducted for the Understanding Native Title Economies and PBC Capability projects to illustrate some of the financial and resourcing issues experienced by small native title corporations, including the cost and time for small PBCs to remain compliant and undertake native title activities.
AIATSIS Submission to the Closing the Gap Refresh Public Discussion Paper Submission Dr Lisa Strelein, Dr Tran Tran, Clare Barcham Apr, 2018 The following submission is in response to the Closing the Gap Refresh Public Discussion Paper.
Reforms to the Native Title Act 1993 (Cth) Options Paper Submission Dr Lisa Strelein, Cedric Hassing, Dr Tran Tran, Dr Belinda Burbidge, Clare Barcham, Stacey Little Feb, 2018 The following submission is in response to the proposed technical amendments to the Native Title Act 1993 (Cth) (NTA). In this submission, AIATSIS welcomes changes that further the rights of native title claimants, holders and corporations in the areas of authorisation, agreement-making, governance and decision-making. AIATSIS suggests the amendments are expanded to address structural issues in the native title system.  
AIATSIS response to Office of the Registrar of Indigenous Corporations (ORIC) Technical Review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 Submission Dr Lisa Strelein, Cedric Hassing Oct, 2017 The following submission was made as part of the technical review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act). In the submission we have supported further investigation of a dedicated chapter in the CATSI Act for RNTBCs (native title corporations) and our main recommendations include:
National picture: growth of Prescribed Bodies Corporate Policy paper Dr Belinda Burbidge Oct, 2017 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper provides an overview of the NTRU’s analysis of the publicly available financial data submitted to the Office of the Registrar of Indigenous Corporations (ORIC), and examines the financial growth and development of PBCs from the financial year 2010-11 to 2015-16.
Distribution of wealth and growth of PBCs by size Policy paper Dr Belinda Burbidge Oct, 2017 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper examines the distribution of wealth and growth of PBCs by size between the years 2010-11 and 2015-16 calculated in terms of net totals and growth rates in the areas of income, assets, equity and staff.
Dispute management: Constitutions of Prescribed Bodies Corporate Policy paper Ashleigh Blechynden Oct, 2017 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.
Decision-making: Constitutions of Prescribed Bodies Corporate Policy paper Ashleigh Blechynden Oct, 2017 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper examines the decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors.
National picture: Constitutions of Prescribed Bodies Corporate Policy paper Ashleigh Blechynden Oct, 2017 The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations. This policy paper provides an overview of the main findings from this research and identifies key areas where PBCs have adapted their constitutions from the default rules offered by the Office of the Registrar of Indigenous Corporations (ORIC).  
Fluid mechanics: the practical use of native title for freshwater outcomes Research report Nick Duff Jun, 2017 “What rights do native title holders have in relation to freshwater resources?” — a question tackled by legal scholars, lawyers and native title holders for decades. This paper asks a different question: “Assuming they have rights relating to freshwater, what can native title holders do with those rights to promote or protect the things they value?”. It examines the interaction between native title and other areas of law that may impact on freshwater, including water legislation; approvals for mining, petroleum and infrastructure projects; and common law torts that govern land use.
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 [Provisions] Submission Dr Lisa Strelein, Dr Belinda Burbidge, Stacey Little Mar, 2017 In this submission, the Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS) recommended that the Native Title Amendment (Indigenous Land Use Agreement) Bill 2017 be passed as is, or with minor amendments outlined in the full submission. The Bill partially addresses concerns held by native title holders and their legal representatives, as well as respondent parties, that the provisions of the Native Title Act 1993 in relation to the authorisation of agreements require greater clarification and allow for efficiencies in native title decision-making.
Authorisation and decision-making in native title Research report Nick Duff Feb, 2017 Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge.
AIATSIS Submission – Prescribed Body Corporate (PBC) Support Strategy Submission Dr Lisa Strelein, Dr Belinda Burbidge, Ashleigh Blechynden Dec, 2016 The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) recommends that the Commonwealth recognise the changing roles of Native Title Representative Bodies and Service Providers (NTRB/SP) and the infrastructure and support they provide to the PBC sector while offering flexible policies and processes that allow for PBC autonomy and local decision-making. More specifically, this brief responds to the following main points identified in the Terms of Reference (TOR):
Report on the Indigenous Youth Forum Report Stacey Little, Thaarramali Pearson Oct, 2016 Overview The National Native Title Conference 2016 (the conference) was co-convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Northern Land Council, and hosted by the Larrakia people in Darwin, Northern Territory, 1-3 June 2016.
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors Submission Oct, 2016 The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives.
The Commonwealth’s Indigenous land tenure reform agenda: Whose aspirations, and for what outcomes? Research report Ed Wensing Jul, 2016 This paper argues that weak links are being made between increasing opportunities for economic development (including private home ownership) and the need for Indigenous land tenure reform.
Implementing native title: Indigenous leadership in land and water livelihoods Report Dr Tran Tran, Leah Talbot, Timothy Heffernan, Matthew Barton Nov, 2015 This report details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories. Initiatives discussed throughout the workshop included the development of Indigenous commercial enterprises, the establishment of Indigenous protected areas (IPAs), traditional use of marine resource agreements (TUMRAs), and Indigenous land use agreements (ILUAs), as well as the integration of traditional and contemporary knowledge, tools and frameworks to achieve group aspirations for the ways country is managed.
Managing Information in Native Title: survey and workshop report Report Pamela Faye McGrath, Alexandra Andriolo Nov, 2015 This publication reports on the proceedings of a two-day national workshop on the use and security of cultural and other information accumulated through the native title claims process, which was held at the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra on 16–17 March 2015. The report incorporates the findings of a survey of participants that was undertaken shortly before the workshop.
Negotiating the shared management of Matuwa and Kurrara Kurrara Report Dr Tran Tran, Lindsey Langford Aug, 2015 One of the key aspirations of native title holders is the ability to independently make decisions about and take care of country. This aspiration is often realised through collaborative management arrangements such as joint management. For many native title groups, joint management is often the only substantive land management outcome, yet there has been little research into either its planning process or its drivers.
Submission to Australian Law Reform Commission Review of the Native Title Act Discussion Paper 82 (DP82) Feb 2015 Submission Feb, 2015 In this Submission, AIATSIS responds to the questions and proposals in the Australian Law Reform Commission's (ALRC) Discussion Paper 82.  The Discussion Paper forms part of the ALRC’s processes, building toward a final report of its Review of the Native Title Act 1993 (Cth) (NTA).
Emerging issues in land and sea management Report AIATSIS Research Aug, 2014 Report of a workshop held on Wednesday 4th June 2014 at the National Native Title Conference, Coffs Harbour, NSW, to map current and future research and resource needs.
Submission to Australian Law Reform Commission Review of the Native Title Act Submission Donna Bagnara, Dr Lisa Strelein, Dr Tran Tran, Robert Powrie, Zeljko Jokic Jul, 2014 AIATSIS' response to the Australian Law Reform Commission's review into the Native Title Act 1993 (Cth) highlights the primary underlying principle that Indigenous peoples have a right to own and inherit their traditional territories; to make decisions about, and benefit from, their traditional territories and resources; as well as to maintain their culture.
Commonwealth Native Title Connection Policy Research Project: final report Report Dr Lisa Strelein, Nick Duff, Toni Bauman Jul, 2014 In 2011, the Commonwealth Attorney-General’s Department commissioned researchers from the Australian Institute of Aboriginal and Torres Strait Islanders Studies (AIATSIS) to conduct research and analysis and make recommendations to inform the development of a Commonwealth policy on the assessment of native title ‘connection’ in consent determinations
Submission to the Australian Heritage Strategy Submission Pamela Faye McGrath Jun, 2014 The AIATSIS submission to the draft Australian Heritage Strategy provides informed comment on the priorities, commitments and proposed actions identified in the Draft Australian Heritage Strategy (April 2014), and proposes a number of ways in which AIATSIS could, if appropriately, resourced, contribute to the Strategy.
Inquiry into the Development of Northern Australia Submission Robert Powrie Mar, 2014 The AIATSIS submission to the Joint Select committee on Northern Australia in its Inquiry to the Development of Northern Australia addresses all issues raised in the terms of reference to consider policies for developing the parts of Australia that lie north of the Tropic of Capricorn.
Community, identity, wellbeing: The report of the Second National Indigenous Languages Survey Report Dr Doug Marmion, Dr Kazuko Obata, Dr Jakelin Troy Feb, 2014 Key insights for governments and communities into the current situation of Indigenous Australian languages, how they are being supported and how best to continue this support.
Inquiry into the Queensland Regional Planning Interests Bill 2013 Submission Donna Bagnara, Robert Powrie Jan, 2014 The AIATSIS submission to the State Development, Infrastructure and Industry Committee in its inquiry into the Regional Planning Interests Bill 2013 (the Bill) provides comments in our capacity as the leading proponent of legal and policy research in the native title sector.
Cultural water and the Edward/ Kolety and Wakool river system Report Jessica Weir, Steven L Ross, David RJ Crew, Jeanette L Crew Dec, 2013 A case study on the Yarkuwa's approach to cultural flows which provides valuable insights for other Indigenous groups seeking greater involvement in water management and planning, particularly in over-allocated rivers.
AIATSIS submission to the Native Title Organisations Review Submission Dr Lisa Strelein, Dr Tran Tran, Pamela Faye McGrath, Robert Powrie, Claire Stacey Jul, 2013 This submission addresses a number of the issues raised in the Discussion Paper released by Deloitte Access Economics in June 2013 as part of the Review of the roles and functions of native title organisations (NTOs). The organisations under review include Native Title Representative Bodies and Native Title Service Providers (NTRBs/NTSPs) and Prescribed Bodies Corporate, or Registered Native Title Bodies Corporate (referred to here as RNTBCs).
Comments on the draft terms of reference for the ALRC Review of the Native Title Act 1993 Submission Nick Duff, Dr Lisa Strelein, Dr Tran Tran Jun, 2013 In this submission to the Australian Law Reform Commission (ALRC), AIATSIS provides comments on the draft terms of reference for the ALRC Review of the Native Title Act 1993. While welcoming the inclusion of connection, authorisation and joinder issues in the terms of reference, AIATSIS recommends that the scope of the Review be expanded to allow the Commission to also consider:
AIATSIS Position on proposal for Constitutional Recognition Submission Nick Duff, Dr Lisa Strelein, Prof Michael Dodson AM Apr, 2013 The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples invited AIATSIS to express its views at a roundtable in Sydney on 30 April 2013 on the recommendations of the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples and the extent to which they should form the basis for any constitutional amendment; and the terms of a constitutional amendment that is most likely to be successful at a future referendum.
Climate Change Adaptation on Karajarri Country Report AIATSIS Research, Claire Stacey, Dr Tran Tran Feb, 2013 This community report is about the climate change research project carried out by AIATSIS in the Bidyadanga community with the Karajarri Traditional Lands Association RNTBC. This project ran from September 2011 - March 2013. This community report aims to provide a summary of this research project.
Senate Inquiry into the Native Title Amendment Bill 2012 Submission Nick Duff, Dr Lisa Strelein Jan, 2013 AIATSIS has been integrally involved in debates over reform to the Native Title Act since its inception. Through events such as the annual National Native Title Conference, AIATSIS has promoted informed discussion and debate on the Act and its ability to fulfil the objectives set out in the preamble, to recognise and protect the rights of Indigenous peoples to their traditional lands. We remain fundamentally committed to improving legal process and policy in order to ensure better and more sustainable land justice outcomes for Aboriginal and Torres Strait Islander peoples.
Climate Change Adaptation on Kowanyama Country Report AIATSIS Research, Dr Tran Tran Jan, 2013 This community report is about the climate change research project carried out by AIATSIS in the Kowanyama community with the Abm Elgoring Ambung RNTBC. The project period is from September 2011 - March 2013. This community report aims to summarise research activities and findings from the climate change project.
Submission to the Inquiry into Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 Submission Nick Duff, Dr Lisa Strelein, Prof Michael Dodson AM Jan, 2013 The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) is provided this submission to the Inquiry into Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012. AIATSIS supports the proposal for an act of recognition by the Australian Parliament as part of a campaign towards an eventual constitutional amendment; however, has concerns about the process and terms of the review proposed in the Bill; the Bill’s sunset clause; and the language proposed for the Bill’s statements of recognition.
Anthropologies of change: Theoretical and methodological challenges Report Dec, 2012 A group of eminent anthropologists present their ideas about social change and continuity, and apply them to the specific business of doing native title research and writing connection reports.
AIATSIS comments on exposure draft of Human Rights and Anti-Discrimination Bill 2012 Submission Dr Lisa Strelein, Gabrielle Lauder Dec, 2012 In this submission to the Senate Legal and Constitutional Affairs Committee, AIATSIS discusses the Draft of Human Rights and Anti-Discrimination Bill 2012.
Submission to the Inquiry into Courts and Tribunals Legislation Amendment (Administration) Bill 2012 Submission Dr Lisa Strelein Dec, 2012 In this submission to the Senate Legal and Constitutional Affairs Committee's Inquiry into Courts and Tribunals Legislation Amendment (Administration) Bill 2012, AIATSIS provides comments regarding Schedule 1 - Amendments for the National Native Title Tribunal and the Federal Court of Australia.
AIATSIS comments on exposure draft of proposed amendments to the Native Title Act 1993 Submission Dr Lisa Strelein, Toni Bauman, Pamela Faye McGrath, Nick Duff Oct, 2012 In this submission to the Attorney-General, AIATSIS comments on the exposure draft: Proposed amendments to the Native Title Act 1993.
Joint management of protected areas in Australia: Native title and other pathways towards a community of practice Report Toni Bauman, Claire Stacey, Gabrielle Lauder Apr, 2012 The report of a 2012 workshop in Alice Springs where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.
Managing weeds on native title lands: Workshop report Report Nick Duff Jan, 2012 A report into the implications of native title for weed management; the weed management priorities of native title holders; and the opportunities and limitations, for native title holders, of the current weed institutions, policies and programs.
Submission to the review by the Queensland Parks and Wildlife Service of the QPWS draft Master Plan Submission Toni Bauman, Claire Stacey, Dr Valerie Cooms Dec, 2011 This submission to the Queensland Department of Environment and Resource management comments on the draft Naturally Queensland 2020 - Master Plan for protected areas, forests and wildlife, with a focus on opportunities for engaging and partnering with Indigenous peoples for managing protected areas.
AIATSIS Submission to the Expert Panel on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples Submission AIATSIS Research Sep, 2011 This submission commences with a summary of AIATSIS’ recommendations to the Panel, before giving detailed consideration to specific proposals for reform. A separate section then considers the merits of particular combinations of proposed amendments. The submission ends with some comments on procedural issues.
Submission to the Inquiry into the Native Title Amendment (Reform) Bill 2011 Submission Dr Lisa Strelein, Toni Bauman, Cath McLeish, Nick Duff Aug, 2011 The Australian Institute for Aboriginal and Torres Strait Islander Studies (AIATSIS) welcomes the opportunity to provide submissions on the very important matters regarding the operation of the Native Title Act 1993 (NTA) that are addressed in the Bill before the Parliament. 
AIATSIS: An incubator for Indigenous researchers? Submission Dr Lisa Strelein Aug, 2011 AIATSIS – An incubator for Indigenous Researchers? Lessons from the Indigenous Visiting Research Fellowship and AIATSIS Grants Program is a commissioned discussion piece for the Review of Indigenous Higher Education Access and Outcomes in 2011.
Submission to the Inquiry into Australia's Biodiversity in a Changing Climate Submission Jessica Weir Jul, 2011 The AIATSIS submission to the Inquiry into Australia's Biodiversity in a Changing Climate raises 3 key points for consideration by the House of Representatives Standing committee on Climate Change, Environment and the Arts:
The benefits associated with caring for country Report Jessica Weir, Claire Stacey, Dr Kara Youngetob Jun, 2011 Prepared by Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) as a commission for the Department of Sustainability, Environment, Water, Population and Communities, this literature review considers the growing field of research that is documenting and examining the benefits of caring for country. It begins by scoping what caring for country means within our intercultural society, and why connection with country is important. This is followed by a discussion of the influential literature on the benefits of caring for country. These benefits include:
AIATSIS submission to the inquiry into Carbon Credits (Carbon Farming Initiative) Bill 2011 Submission Dr Lisa Strelein, Dr Tran Tran Apr, 2011 In this submission, AIATSIS provides input to the inquiry conducted by the House of Representatives Standing Committee on Climate Change, Environment and the Arts into the Carbon Credits (Carbon Farming Initiative) Bill 2011.
NTRB knowledge management pilot: Review and closure report Report AIATSIS Research Dec, 2010 The NTRB Knowledge Management Pilot: Agreement Making (‘the Pilot’) investigated options for the development and implementation of a legal precedents database for NTRBs. The primary objective of the Pilot was to increase efficiency and effectiveness for NTRBs engaging in the future act agreement making process. An ancillary objective of the Pilot was to test possibilities for increased communication and coordination among NTRBs in relation to agreement making.
Submission to Inquiry into Schedule 4 of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Bill 2010 Submission Dr Lisa Strelein Dec, 2010 In this submission to the Legal and Constitutional Affairs Legislation Committee, AIATSIS makes only summary submissions on proposed amendments to the Aboriginal and Torres Strait Islander Act 2005 to include a power for the Minister to make guidelines that would apply to the Indigenous Land Corporation (ILC) when it performs its functions to support native title settlement.
Response to 'Leading practice agreements: Maximising outcomes from native title benefit' Submission Dr Lisa Strelein, Toni Bauman, Joe Fardin Jul, 2010 This submission was made by AIATSIS in response to the discussion paper, Leading practice agreements: Maximising outcomes from native title benefits (the Discussion Paper) produced by the Department of Families, Housing, Community Services and Indigenous Affairs and the Attorney-General’s Department.
Submission re Proposed Amendment to Enable the Historical Extinguishment of Native Title to be Disregarded in Certain Circumstances Submission Dr Lisa Strelein, Zoe Scanlon Jun, 2010 In this submission to the Attorney-General's Department, AIATSIS raises two key points. Firstly, despite the benefit that would be derived from the inclusion of this provision in the Act, a significant impediment still exists in s 47C(1)(c)(ii), which makes the operation of the provision optional. The provision should apply to all claims over areas of the relevant class. Secondly, this reform should be extended to all Crown land.
Knowledge management, law and native title Report Apr, 2010 This report forms Appendix 2 to the Interim Report of the Pilot NTRB Knowledge Management Project.
NTRB Knowledge Management Pilot: Interim Report Report AIATSIS Research Apr, 2010 This report reviews the progress made in the first six months of the Native Title Representative Body (NTRB) Knowledge Management Pilot: Agreement Making (‘the project’) and the trends, risks and responses so far encountered or developed.
Possible reforms to the legislative arrangements for protecting traditional areas and objects Submission Dr Lisa Strelein Nov, 2009 In this submission to the Department of Environment, Water, Heritage and the Arts, AIATSIS addresses a number of proposals for Indigenous heritage law reform. Along with general comments, this submission addresses the following proposals: Proposal 1: Purposes of the legislation Proposal 2: Terminology - new definitions Proposal 5: Traditional custodians Proposal 6: Indigenous Land Use Agreements (ILUAs) Proposal 14: Penalties and enforcement.
Solid work you mob are doing: Case studies in Indigenous dispute resolution & conflict management in Australia Report David Allen, Margaret O'Donnell, Rhiân Williams Aug, 2009 Evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians.
Indigenous health and wellbeing: The importance of country Report Cynthia Ganesharajah Apr, 2009 A key aspect to improving Indigenous wellbeing is exploring the relationship between land and wellbeing. Evidence exists that suggests there are positive physical health outcomes from living or working on country. However, it has also been argued that Indigenous health cannot improve whilst Indigenous peoples continue to live outside urban areas. These competing views will lead to the adoption of very different strategies for addressing Indigenous health issues.
Submission to the Attorney-General on proposed minor native title amendments Submission AIATSIS Research Dec, 2008 In this submission to the Attorney-General, AIATSIS responds to the major amendments contained with the Proposed Minor Native Title Amendments Discussion Paper 2008.
Protecting Country: Indigenous governance and management of protected areas Report Dec, 2008 This publication had its origin in one-day workshop on Indigenous Governance and Management of Protected Areas held during the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Conference in Canberra in 2007.
Submission to Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 Submission Caroline Carmody Dec, 2008 In this submission to the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), AIATSIS comments on the complexity and challenges of the review, and provides further resources for consideration.
Beyond sandy blight: five Aboriginal experiences as staff on the National Trachoma and Eye Health Program Report Jilpia Jones, Trevor Buzzacott, Gordon Briscoe, Reg Murray, Rose Murray Oct, 2008 Insider accounts of the National Trachoma and Eye Health Program for rural Aboriginal (and non-Aboriginal) Australians, led by Fred Hollows during the 1970s.
Submission to Review of Australia's Tax System Submission Dr Lisa Strelein Oct, 2008 The purpose of this submission is to identify the current challenges in the taxation framework that may impede Indigenous economic development within the native title context, through unnecessary complexity and ambiguity that have led to perverse choices and suboptimal outcomes. We make recommendations for an alternative framework designed to provide simplicity and clarity in this area and maximise the economic and social stimulus of native title and native title settlements.
Northern Territory Emergency Response Review Submission Submission AIATSIS Research Aug, 2008 In this submission to the Northern Territory Emergency Response Review, AIATSIS discusses how the absence of free, prior, informed and involved consent in Indigenous decision-making processes has contributed significantly to failures over many years, including in the NTER.
Submission to the Inquiry into developing Indigenous enterprises Submission Dr Lisa Strelein Jul, 2008 In this submission to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, AIATSIS comments on several aspects of the Inquiry into developing Indigenous enterprises.
The Need for an Aboriginal and Torres Strait Islander mediation, facilitation and negotiation service Submission Toni Bauman Apr, 2008 AIATSIS' submission to the 2020 Summit discusses The need for an Aboriginal and Torres Strait Islander mediation, facilitation and negotiation service as part of the national Aboriginal and Torres Strait Islander Governance Institute.
The future of connection material held by Native Title Representative Bodies: Final report Report Grace Koch Mar, 2008 The native title process has created valuable research resources assembled during the claim research. Although some of this material has come from other sources, the arrangement of the documents coupled with original field research gives a unique description of Indigenous societies and their connections with the land. Also, much of the field material is irreplaceable because the elders who gave the information may have passed away.
Organising for success: Policy report Report Dr Julie Finlayson Jun, 2007 Informed by a wide-ranging study of community experiences, this is a policy paper for funding agencies and government policy and program developers on proven successful strategies for Aboriginal and Torres Strait Islander organisations.
Outcomes of three case studies in Indigenous Partnerships in Protected Area Management: Policy Briefing Paper Submission Toni Bauman, Dr Dermot Smyth Jun, 2007 This briefing paper presents a summary of the findings and recommendations arising out of three case studies of Indigenous partnerships (joint management and other arrangements) in the management of protected areas in Australia. 
Native Title Representative Bodies and Prescribed Bodies Corporate: Native title in a post determination environment Report, Submission Dr Lisa Strelein, Dr Tran Tran Jan, 2007 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.
Final report of the Indigenous Facilitation and Mediation Project July 2003-June 2006: research findings, recommendations and implementation Report Toni Bauman Dec, 2006 The Native Title Act 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 best practice approaches.
Report on workshop for NTRBs on databases and access and use issues Report Grace Koch Jul, 2006 In June 2006, representatives from 13 NTRBs met in Canberra to discuss databases and the needs of their organisations for collection management practices. A list of ideal fields of information was drawn up along with some guidelines for access of native title material. Several NTRBs have used the information from this workshop to design their own databases.
Sea countries of the south: Indigenous interests and connections within the South-west Marine Region of Australia Report Jessica Clements, Glen Kelly, Steve Kinnane, Darlene Oxenham, Colin Pardoe, Dr Lisa Strelein, Penny Taylor, Dr Peter Veth Jun, 2006 Indigenous interests in 'sea country' have been maintained by Indigenous peoples in Australia for thousands of years. Within the South-west Marine Region (SWMR), Nunga, Noongar and Yamatji Indigenous peoples have owned and managed this diverse and resource-rich region. While ownership and stewardship continue to be exercised by Indigenous people of the SWMR, Indigenous communities and individuals often do not have access to, or benefit from, these marine resources.
Composite report on status and trends regarding the knowledge, innovations and practices of Indigenous and local communities (regional report: Asia and Australia) Submission Dec, 2005 This report provides a compilation of the threats to the practice and transmission of traditional knowledge (TK) in the Australian and Asian Region. As a compilation, the report seeks to provide information on the broader trends of these threatening processes, given through categorisation into what might be termed classes of threat, under which more specific trends are discussed.
Submission to the Native Title Claims Resolution Review Submission Toni Bauman Dec, 2005 The AIATSIS submission to the Attorney-General's Review of Native Title Claims Resolution discusses highlights from stakeholder consultation within the Indigenous Facilitation and Mediation Project, including:
National Indigenous Languages Survey Report 2005 Report Patrick McConvell, Dr Doug Marmion, Sally McNicol Nov, 2005 In 2004 AIATSIS was commissioned by the Commonwealth Government (through the then Department of Communications, Information Technology and the Arts, DCITA) to carry out an assessment of the state of Indigenous languages and language programs in Australia.
Submission to the Inquiry into the Corporations (Aboriginal and Torres Strait Islander) Bill 2005 Submission Dr Lisa Strelein Sep, 2005 While AIATSIS is not directly affected by the changes proposed by the introduction of the Corporations (Aboriginal and Torres Strait Islander) Bill,  having been commissioned to review the Aboriginal Corporations and Associations Act 1976 (Cth) (ACAA) in 1996, we have retained an interest in the progress of the most recent review and the proposed new legislation.
Culture, conflict management and native title: an emerging bibliography Report Sally Brockwell, Kitty Eggerking, Rebecca Morphy, Toni Bauman Jun, 2005 Research into decision-making and conflict management and the role ‘culture’ plays in such processes is assuming increasing importance globally. This bibliography provides a broad range of references and some practical resources concerning culture, decision-making, conflict management and native title in Australia.
Native title mediation: issues identified, lessons learnt: proceedings and findings of IFaMP workshops with native title mediators, February and March 2005 Report Fleur Kingham, Toni Bauman Jun, 2005 The Native Title Act emphasises agreement-making through non-adversarial approaches such as mediation, facilitation and negotiation. This report is an overview of two workshops with native title mediators co-ordinated by the AIATSIS Indigenous Facilitation and Mediation Project in 2005.
Report on breakout session: The future of connection material Report Grace Koch Jun, 2005 This discussion, which considered current practice for the treatment of connection material and other documents collected in the claim process, formed part of the 2005 Native Title Conference.
Report on survey of NTRBs (April-May 2005) Report Grace Koch May, 2005 In April-May 2005, the Native Title Research and Access Officer, Ms Grace Koch conducted a survey of NTRBs to find out about current storage practices and plans for the future of documents that have been either collected or generated by the native title process.
Report on native title representative body workshops: Directions, priorities and challenges Report Rhiân Williams, Toni Bauman Dec, 2004 The Native Title Act emphasises agreement-making through non-adversarial approaches such as mediation, facilitation and negotiation. This report summarises the priority areas and recommendations for further research that came from the first workshops of the AIATSIS Indigenous Facilitation and Mediation Project.
Submission to the Inquiry into the Administration of Indigenous Affairs Submission AIATSIS Research Nov, 2004 In this supplementary submission to the Senate Select Committee on the Administration of Indigenous Affairs, AIATSIS offers additional comments by way of clarification and elaboration. In particular, regarding development and implementation of new arrangements to replace ATSIC structures, and implications for the capacity, resources and budget of AIATSIS.
Submission to 'A Preamble for the Queensland Constitution?' Submission AIATSIS Research Sep, 2004 A preamble to the Constitution can have an important symbolic affect and it is significant that Aboriginal and Torres Strait Islander people should be recognised in such a document. This submission to Queensland's Legal, Constitutional and Administrative Review Committee focuses on both the symbolic importance as well as the content and extent of the recognition.
The business of process: Research issues in managing indigenous decision-making and disputes in land Report Toni Bauman, Rhiân Williams Jun, 2004 A preliminary paper outlining the conduct and procedures of the AIATSIS Indigenous Facilitation and Mediation Project.
Submission to the Consultation on the Definition of a Charity Submission AIATSIS Research Aug, 2003 In this submission to the Board of Taxation's Consultation on the Definition of a Charity, AIATSIS discusses a number of issues regarding the Draft Charities Bill that are relevant to Indigenous land councils, native title representative bodies, and prescribed bodies corporate and other Indigenous land trusts and entities.
Submission to the Parliamentary Inquiry on Capacity Building in Indigenous Communities Submission Dr Lisa Strelein Aug, 2002 This submission responds to the Parliamentary Inquiry on Capacity Building in Indigenous Communities, firstly by contextualising the term 'community capacity building' in Indigenous studies and secondly by presenting the Institute's responses to promoting capacity building, sovereignty and self-governance issues through its programs and services to the Indigenous community. The submission will conclude with a summary of the Institute's current activities as well as future proposals and research directions in relation to community capacity building in Indigenous communities.
Submission to the Inquiry into consistency of the Native Title Amendment Act 1998 with Australia's international obligations under the CERD Submission Dr Lisa Strelein, Jessica Weir, Prof Michael Dodson AM Feb, 2000 Since the election of the Federal Coalition Government, Australia's adherence to international human rights obligations has been questioned. This submission to the Parliamentary Joint committee on Native Title and the Land Fund examines Australia's recent unprecedented appearance before the United Nations committee for the Elimination of Racial Discrimination to answer criticisms that the amendments to the Native Title Act 1993 failed to comply with Australia's obligations under the Convention on the elimination of All Forms of Racial Discrimination.
Inquiry into QLD Regional Planning Interests Bill Jan 2014 Submission The AIATSIS submission to the State Development, Infrastructure and Industry Committee in its inquiry into the Regional Planning Interests Bill 2013 (the Bill) notes that the Bill proposes to strengthen the ability of Queensland regional plans to regulate activity undertaken by the resource sector, and other actors, with respect to areas of regional interest, and provides comments in our capacity as the leading proponent of legal and policy research in the native title sector.
AIATSIS submission to the Native Title Organisations Review Jul 2013 Submission This submission addresses a number of the issues raised in the Discussion Paper released by Deloitte Access Economics in June 2013 as part of the Review of the roles and functions of native title organisations (NTOs). The organisations under review include Native Title Representative Bodies and Native Title Service Providers (NTRBs/NTSPs) and Prescribed Bodies Corporate, or Registered Native Title Bodies Corporate (referred to here as RNTBCs).
Submission to the Inquiry into Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012 Jan 2013 Submission This submission is lengthy and addresses many issues, however highlights include: A referendum should not be scheduled without allowing sufficient time for a sustained and widespread education program and advocacy campaign.
Senate Inquiry into the Courts and Tribunals Legislation Amendment (Administration Bill 2012) Dec 2012 Submission AIATSIS comments relate only to Schedule 1–Amendments for the National Native Title Tribunal (NNTT) and the Federal Court of Australia (FCA). The main points are:
AIATSIS- An incubator for Indigenous Researchers? Lessons from the Indigenous Visiting Research Fellowship Program 2011 Jul 2012 Submission Commissioned Discussion Piece for the Review of Indigenous Higher Education Access and Outcomes The Review Committee asked for critical comment on how this Review could best approach the building of Aboriginal and Torres Strait Islander researcher capacity and what can be learnt about the challenges in developing Indigenous research capacity (including training, grant rounds, recruiting Indigenous researchers and barriers to employment).
Submission on the National Cultural Policy Discussion Paper 2011 Jul 2012 Submission This submission was created in response to AIATSIS not being considered an important cultural institution as listed in the National Cultural Policy Discussion Paper (NCPDP p.7) despite its substantial achievements. It is long and needs to be viewed in its entirety to understand all the issues addressed. In Summary: The submission outlines its achievements in preserving and promoting Indigenous cultures, languages and histories. It outlines AIATSIS’ capacity to support the goals of the NCPDP in regard to Indigenous culture.
Submission on the Draft Indigenous Education Action Plan 2010–14 Jun 2012 Submission This submission was made in 2011 in response to the Aboriginal and Torres Strait Islander Education Action Plan 2010-2014 prepared by the Ministerial Council for Education, Early Childhood Development and Youth Affairs (MCEECDYA).                      AIATSIS submitted its concerns with regard to the following issues:
Productivity Commission Inquiry into Regulatory and Policy Barriers to Effective Climate Change Adaptation Dec 2011 Submission In this inquiry AIATSIS highlights the intersection of native title governance issues with regulatory and policy barriers to climate change adaptation. In October 2011, the AIATSIS Centre for Land and Water Research began case study research into the social and institutional barriers and enablers of climate change adaptation for RNTBCs, as part of an NCCARF research grant.
Submission to the Federal Government’s Draft Indigenous Economic Development Strategy Dec 2010 Submission This submission was made in response to the above strategy requesting input. AIATSIS endorsed some of the issues and was critical of others. In summary:                        
Native Title (Prescribed Bodies Corporate) Amendment Regulations May 2010 Submission This submission was made to the Department of Families, Housing, Community Services and Indigenous Affairs. The issues raised by AIATSIS are found in the following sections: Part 1 - Regulation 1: Name of Regulations
Inquiry into the high level of involvement of Indigenous juveniles and young adults in the criminal justice system Dec 2009 Submission This submission was made to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs. The AIATSIS submission to the Inquiry relates to the following three terms of reference:
Guidelines for the behaviour of parties and their representatives in mediation in the National Native Title Tribunal Aug 2007 Submission The document, 'Draft Mediation Guidelines: Guidelines for the behaviour of parties and their representatives in mediation in the National Native Title Tribunal' has been prepared by the Classification, Legal Services and Native Title Division of the Attorney-General's Department. The document has been prepared in response to a recommendation of the Claims Resolution Review that the Native Title Act 1993 (NTA) be amended to provide that all parties and their representatives be obliged to act in good faith and that a corresponding code of conduct be developed.
Summary of responses arising from NTRU PBC Workshops to FACSIA guidelines for supporting PBCs Jun 2007 Submission FaCSIA's draft guidelines state that PBCs will be able to apply for limited funding mostly for administrative assistance through the Native Title Funding Programs of NTRBs and NTSPs and that NTRBs and NTSPs may assist PBCs in their day-to-day operations.                 Responses to principles in the guidelines The responses of participants to the principles of this approach which arose at the workshops and at the PBC national meeting described above are summarised below:
Aboriginal and Torres Strait Islander Land Fund Native Title Representative Bodies Inquiry Jan 2006 Submission This submission provides information on how AIATSIS contributes to the capacity and coordination of NTRB activities as well as commenting on the roles, functions and resourcing of NTRBs. It also makes 10 recommendations to the Parliamentary Joint Committee. See the submission for details of the recommendations.                          Section 1 of this submission provides information about AIATSIS native title activities which are primarily conducted through the Native Title Research Unit.
Submission to the Senate Select Committee on the Administration of Indigenous Affairs Aug 2004 Submission Part One of the submission specifically discusses the effect of the proposed changes to the administration of Indigenous affairs to AIATSIS.       
Submission to the Consultation on the Definition of a Charity (no month given) 2003 Submission There are a number of issues regarding the Draft Charities Bill that are relevant to Indigenous land councils, native title representative bodies (NTRBs), and prescribed bodies corporate (PBCs) and other Indigenous land trusts and entities.
Submission to Parliamentary Inquiry - Capacity Building in Indigenous Communities Aug 2002 Submission In summary the submission:
Inquiry into the Consistency of the Native Title Amendment Act 1998 with Australia’s international obligations under the Convention on the Elimination of all forms of Racial Discrimination (CERD) Feb 2000 Submission This submission is very comprehensive and covers a number of different areas. The introduction states:
Preserve, Strengthen and Renew in Community - Workshop Report Report As a part of the ‘Preserve, Strengthen and Renew in Community’ project, AIATSIS brought together project partners and other practitioners interested in the management of cultural material at a workshop in Canberra from 14-15 March 2018. The workshop allowed participants to share their experiences and explore future directions for both the project and partners. The aims of the workshop were to:
How Indigenous Knowledge can work with the intellectual property (IP) system Mar 2016 Submission AIATSIS has acquired significant expertise in the development, application and protection of Indigenous Knowledge through its research and collections. In keeping with our legislative functions—including using the collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage—AIATSIS is committed to making its collection as accessible as possible, while respecting relevant laws and cultural protocols. Advice is given on aspects of Indigenous Knowledge formation and collection that remain outside contemporary IP definitions.
Expert Indigenous Working Group on the COAG Investigation into Land Administration and Use Jun 2015 Submission AIATSIS has developed significant expertise in the development, application and reform of native title law and policy. For over 20 years the Native Title Research Unit (NTRU) has been funded to provide research and information resources to support the native title sector. The summary of recommendations is:
Submission to Australian Heritage Strategy Jun 2014 Submission The AIATSIS submission to the draft Australian Heritage Strategy: provides informed comment on the priorities, commitments and proposed actions identified in the Draft Australian Heritage Strategy (April 2014) proposes a number of ways in which AIATSIS could, if appropriately resourced, contribute to the Strategy.
Inquiry into Development Northern Australia Mar 2014 Submission The AIATSIS submission to the Joint Select committee on Northern Australia in its Inquiry to the Development of Northern Australia addresses all issues raised in the terms of reference to consider policies for developing the parts of Australia that lie north of the Tropic of Capricorn.