Research reports

Title Type Author / Editor Date
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 Rod Kennett, 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):
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 Rod Kennett, 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.
Implementing native title: Indigenous leadership in land and water livelihoods Report Dr Rod Kennett, 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.
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 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.
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.