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NTRU Staff

Dr Lisa Strelein: Comprehensive List of Publications and Activities

Books

• Strelein, L., 2009. Compromised Jurisprudence: Native Title Cases since Mabo, 2nd edn, Aboriginal Studies Press, Canberra.
• Strelein, L., 2006. Compromised Jurisprudence: Native Title Cases since Mabo, Aboriginal Studies Press, Canberra.
• Brennan, S., L. Behrendt, L. Strelein, and G. Williams, 2005. Treaty , Federation Press.

Edited Books

• Strelein L.M (ed). 2010. Dialogue about Land Justice: papers from the native title conference, AIATSIS, Canberra
• Strelein, L.M. & K. Muir (eds). 2000. Perspectives in Native Title, Aboriginal Studies Press Canberra.

Book chapters

• Strelein LM 2010, ‘Introduction: The legacy of Mabo’s case’ in Strelein, LM (ed.) 2010, Dialogue about Land Justice: papers from the native title conference, Aboriginal Studies Press Canberra.
• Strelein, LM 2010, ‘Symbolism and Function: From native title to Indigenous self-government’ (reproduced) in Strelein, LM (ed.) 2010, Dialogue about Land Justice: papers from the native title conference, Aboriginal Studies Press Canberra.
• Strelein, L. and J. Weir. 2009. ‘Conservation and Human Rights in the Context of Native Title in Australia’, book chapter in Campese, J, Sunderland, T, Greiber, T and G Oviedo (eds)  Exploring Issues and Opportunities in Rights Based Approaches to Conservation ( 4.07 Mb), CIFOR, IUCN and CEESP, Bogor, Indonesia.
• Strelein L, M Morgan and J Weir. 2006. 'Authority, knowledge and values: Indigenous Nations engagement in the management of natural resources in the Murray-Darling Basin', in M Langton, O Mazel, L Palmer, K Shain and M Tehan (eds) Settling with Indigenous peoples: Case Studies in agreement making from Australia, Canada and New Zealand , Federation Press.
• Strelein, L 2005, ‘Culture and Commerce, the use of fishing traditions in proving native title’, in Taylor et al (eds.) The Power of Knowledge: The Resonance of Tradition Aboriginal Studies Press, Canberra.
• Strelein, L.M. 2004. Australia’s Oceans Policy and Native Title (chapter 10). In P. Kauffman (ed.), Water and Fishing: Aboriginal Rights in Australia and Canada. ATSIC, Canberra.101-133.
• Strelein, L.M. 2004. Symbolism and Function: From native title to Indigenous self-government (chapter 11). In M. Langton, M. Tehan, L. Palmer and K. Shain (eds), Honour Among Nations: Treaties and Agreements with Indigenous People , Melbourne University Publishing, Melbourne. 189-202.

Refereed Articles

• Strelein, L. 2009. ‘A Captive of Statute ’, 93 Reform (Native Title), pp. 48–52.
• Strelein L, 2006. (reproduced) ‘Missed Meanings: The language of sovereignty in the Treaty debate ( 159 Kb)’, in P Read, G Meyers and B Reece (eds). What Good Condition: Reflections on an Australian Aboriginal Treaty 1986-2006, Aboriginal History Monograph 13, ANU EPress, Canberra.
• Strelein, L.M. 2005. ‘From Mabo to Yorta Yorta: Native Title Law in Australia’ ( 296 Kb), Washington University Journal of Law and Policy vol. 19, special edition entitled ‘International and Comparative Perspectives on Indigenous Rights’.
• Strelein, L, 2005, ‘Native title-holding groups and native title societies: Sampi v State of Western Australia [2005], ( 139 Kb)’ in Land, Rights, Laws: Issues of Native Title, Vol. 3, No. 4, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.
• Strelein, L.2005, ‘Authorisation and replacement of applicants: Bolton v WA’ ( 166 Kb), Land Rights Laws, vol. 3(1)
• Strelein, L.M. 2004. “A Comfortable Existence’: The Commercial Use of Marine Resources under Native Title’. 5 Balayi: Culture Law and Colonialism 94-123.
• Strelein, L.M. 2003. ‘Missed Meanings: The Language of Sovereignty in the Treaty Debate’ ( 159 Kb). ARENA Journal No. 20, 2002/2003,83-96.
• Strelein, L.M. 2001. ‘Understanding non-discrimination: International criticisms of Australia’s compliance with human rights standards’, with Michael Dodson and Jessica Weir, 2 Balayi: Culture Law and Colonialism 113-148.
• Strelein, L.M. 2001. ‘Conceptualising Native Title’, 23 University of Sydney Law Review 95-124.
• Strelein, L.M. 2000. ‘The ‘Courts of the Conqueror’: The Utility of the Courts for the Assertion of Indigenous Self-determination Claims’ , 5(3) Australian Indigenous Law Reporter 1-23.

Refereed Multi-media publications

• Strelein, L.M., J. Andersen, A. Terrill, J. Weir. 2002. Native Title Business: A national traveling exhibition , text for display, catalogue and educational material on native title and Indigenous art, curated by Joan Winter and the Gurang Land Council.
• Strelein, L.M.  2001. ‘Native Title’ Stream , in Mabo – The Judicial Revolution 2 CD Rom package and Internet site (www.MaboNativeTitle.com), directed by Trevor Graham, Tantamount Productions, Film Australia (BAFTA and multiple award winner).

Discussion Papers, commentaries and other articles

• Strelein, LM 2008. ‘Compulsory Acquisition powers: Griffiths v Minister for Lands Planning and Environment [2008] HCA (15 May 2008)’ ( 778 Kb), Native Title Newsletter May-June, AIATSIS Canberra.
• Morgan, M., L.M. Strelein and J. Weir. 2004. Indigenous Rights to Water in the Murray Darling Basin: In support of the Indigenous final report to the Living Murray Initiative, AIATSIS Research Discussion Paper 14. AIATSIS, Canberra (98 pp.).
• Strelein, L.M. 2004. Guide to mediation, determination and facilitation of decision-making under the Native Title Act 1993, Indigenous Facilitation and Mediation Project website, http://www.aiatsis.gov.au/rsrch/ntru/ifamp/decision/pdfs/Strelein_2004.pdf, June (11 pp)
• Strelein, L.M. 2003.  ‘Yorta Yorta v Victoria – Comment ’ ( 40 Kb), 2(21) Land Rights Laws: Issues of Native Title. 1-8.
• Strelein, L.M. 2002 Ward v Western Australia: Summary of Judgment ( 43 Kb), 2(17) Land Rights Laws, Issues of Native Title. 2002.
• Strelein, L.M. 2001. ‘Australia’s nation-building: Renegotiating the relationship between Indigenous peoples and the state’, with Michael Dodson, 24(3) University of New South Wales Law Journal , Centenary of Federation Special Issue. 826-39.
• Strelein, L.M. 2000. ‘Dealing with Unfinished Business: A Treaty for Australia’, 11(4) Public Law Review, 259-64.

Submissions to Parliamentary Committees

• Strelein, LM. 2010. Submission to the Department of Families, Housing, Community Services and Indigenous Affairs on the Native Title (Prescribed Bodies Corporate) Amendment Regulations 2010, Consultation Draft
• Strelein, LM. 2010. Submission: Attorney General’s Department on Proposed Amendments to Enable the Historical Extinguishment of Native Title to be Disregarded to Certain Circumstances
• Strelein, LM 2008. Submission to Henry Review of Australia’s tax system, 9 October. AIATSIS, Canberra.
• Strelein, LM 2008. Submission to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Inquiry into developing Indigenous enterprises, July, AIATSIS, Canberra (cited in final report).
  
• 2004. AIATSIS Submission to the Senate Select Committee on the Administration of Indigenous Affairs, (with Stuart Bradfield and Jane Anderson), August.
  
• 2003. Witness (with AIATSIS Council and Executive), House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, Reference on Capacity Building in Indigenous Communities, March.
  
• 2002. Submission, briefing and ongoing advice to Environment Australia on the Environment Protection and Biodiversity Conservation Regulations with regard to Access Permits and Benefit Sharing Arrangements in Commonwealth Areas, January. 
  
• 2001. Invited Submission, Witness to the Joint Parliamentary Committee on Native Title and the Land Fund inquiry in Indigenous land Use Agreements (cited in final report) July.
  
• 2000. AIATSIS submission, witness to the Joint Parliamentary Committee on Native Title and the Land Fund, Inquiry into the consistency of the NTAA with Australia’s obligations under CERD, February (with Jessica Weir and Mick Dodson) (cited in final report).
  

Reports

• Strelein, L 2008, Taxation of Native Title Agreements, Research Monograph ( 274 Kb) 1/2008, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.
• Strelein, L & Tran, T. 2007. Native Title Representative Bodies and Prescribed Bodies Corporate: native title in a post determination environment, Native Title Research Report 2/2007 ( 149 Kb), Native Title Research Unit, AIATSIS, Canberra.
• Strelein, L., and T Tran. 2007. Taxation, Trusts and the Distribution of Benefits under Native Title Agreements ( 149 Kb), Native Title Research Report 1/2007, Native Title Research Unit, AIATSIS, Canberra.
• Strelein, L. 2006. Native title payments, taxation and the distribution of benefits, Confidential Report to Treasury, Native Title Research Unit, AIATSIS, Canberra.
• Bradfield, S., J. Clements, G. Kelly, S. Kinnane, D. Oxenham, L. Strelein and P. Veth 2005. Indigenous Interests in and connection to sea country in the SouthWest Marine Region ( 3.45 Mb), Report to the National Oceans Office, Department of Environment and Heritage, 2005.
• Strelein, L.M. 2004. Species management and the proof and exercise of native title: Indigenous Participation in South Australian Kangaroo Industry Report to the Sustainable systems for management of commercial kangaroo harvest project coordinated by Jocelyn Davies and Dana Thomson. April (31pp)
• Strelein, L.M. and S. Bradfield. 2003. Noongar Umbrella Agreement: Models and Commentary in relation to the proposed Comprehensive Regional Agreement between the Department of Indigenous Affairs and the South West Aboriginal Land Council and the Noongar people. Draft. December (53 pp).
• Strelein, L.M. 2003. Section 86F Settlement Agreements and the impact on court imposed timelines. Report to the South West Aboriginal Land and Sea Council. August, (3pp.)
• Strelein, L., S Bradfield and L Behrendt. 2003. ‘On The Road to a Treaty: Report on behalf of the National Treaty Support Group’, 14 April
• Strelein, L.M. 2003. Single Noongar Claim: Socio-political implications. Report to the South West Aboriginal Land and Sea Council. August, (4 pp.)
• Strelein, L.M. 2003. Measuring the Outcomes of Native Title. Report to ATSIS NTLRB. July (30pp.).
• Strelein, L.M. 2001. Native title and Sea Country: Commercial Fishing and Fisheries Management, Report for the Yamatji Land and Sea Council and The Malgana Native Title Working Group, Denham, WA (60pp).
• Behrendt, L, L.M. Strelein. 2000. ‘Recognising Aboriginal and Torres Strait Islander Rights’, with Michael Dodson and Larissa Behrendt, Final documents, Council for Aboriginal Reconciliation.
• Behrendt, L., L.M Strelein. 2000. Proposed Legislation for Reconciliation, Discussion paper and draft legislation, with Larissa Council for Aboriginal Reconciliation.

Conferences convened

• Strelein, L 2010, Native Title Conference 2010, 2-4 June, Canberra.
• Strelein, L 2009, Native Title Conference 2009, 3-5 June, Melbourne.
• Strelein, L 2008, chair & co-convenor, ‘Tax Workshop for NTRB PLOs’, Perth, 7 June.
• Strelein, L.M. Convenor. 2008. Native Title Conference 2008: Koora Yirra Boordah – past Present Future . SWALSC and AIATSIS. Perth, WA, 4-6 June 2008.
• Strelein, L.M. Co-convenor and Facilitator. 2008. Indigenous Communities, Economic Development and Tax Policy Symposium, University of Melbourne, 26-27 February 2008.
• Strelein, L.M. Co-convenor. 2007 Regional Meeting of Prescribed Bodies Corporate of the Torres Strait, Thursday Island, 5-6 December 2007.
• Strelein, L.M. Co-convenor.  2007. Getting Outcomes Sooner Connection Workshop. Barossa Valley, South Australia 24-26 July 2007.
• Strelein, L.M. Co-convenor.  2007. NTRB Legal Masterclass, Aurora Projec, Sydney July 2007.
• Strelein, L.M. Convenor. Native Title Conference 2007: Tides of Native Title. NQLC and AIATSIS. Cairns, QLD, 6-8 June 2007
• Strelein, L.M. Convenor. Native Title Conference 2006: Tradition & Change, Culture & Commerce. NLC and AIATSIS. Darwin, NT 24-26 May 2006
• Strelein, L.M. Convenor. Native Title Conference 2005: The Human Face of Native Title. NSWNTS and AIATSIS. Coffs Harbour NSW, 1-3 June 2005.
• Strelein, L.M. Convenor. Native Title Conference 2004: Building Relationships. ALRM and AIATSIS. Adelaide SA, 2-5 June 2004.
  
• Strelein, L.M. Convenor, Native Title Conference 2003: Native Title on the Ground, Alice Springs, NT, 3-5 June 2003. Co-hosted by Central Land Council and AIATSIS.
• Strelein, L.M, and M. Morgan. Convenors. Murray Darling Basin Indigenous Response to the Living Murray Initiative: Water rights forums, 15 August & 1 December 2003
• Strelein, L.M. Native Title Conference 2002: Outcomes and Possibilities, Geraldton, WA, 3-5 September 2002. Co-hosted by Yamatji Land and Sea Council and AIATSIS, 400 delegates, 4 streams.
• Strelein, L.M. AIATSIS Research Seminar series, ‘The limits and possibilities of a treaty process for Australia'’, March-September 2001.
• Strelein, L.M. and G. McIntyre 20 Years of Land Rights, Native Title Representative Lawyers Conference, Townsville, forthcoming, August 2001.

Seminar/ conference papers presented

• Strelein, LM 2010, New PBC Regulations: charging fees for services, Native Title Representative Bodies Senior Professional Officer’s Forum, FaHCSIA, Sydney, 23-24 March.
• Strelein, LM,  2009, ‘United Nations Declaration on the Rights of Indigenous Peoples and native title: failing to meet the benchmark; opening plenary, Public Law Weekend, College of Law, Australian National University, 12 November 2009.
• Strelein, LM 2009, ‘Native Title Bodies Corporate in the Torres Strait: finding a voice and planning for the future’, AIATSIS Seminar Series 2/2009, Canberra, 7 September.
• Strelein, LM, 2009 ‘Native title policy priorities’, Central Agencies Briefing hosted by Finance and attended by Treasury, Prime Minister and Cabinet, Attorney General’s, FaHCSIA, 16 July.
• Strelein, LM 2009, ‘Native Title Year in Review’ ( 26 Kb), presentation at Native Title Conference 2009, Melbourne, 4 June.
• Strelein, LM 2009, ‘Proof and continuity under s.223 problems and proposed reforms’, introductory remarks at Native Title Conference 2009, Melbourne, 4 June.
• Strelein, LM 2009, ‘Communal Group and Individual Rights under s223 of the Native Title Act’, presentation at the s.223 workshop, Melbourne, 14 May.
• Strelein, L. 2008 ‘Native title and tax – toward better practice’, Native Title Representative Bodies Senior Professional Officer’s Forum, FaHCSIA, Sydney, 2-3 October 2008.
• Strelein L and J Weir 2008 ‘Our Public and Private relationships with Native Title and Water’ (Abstract 35 Kb, Audio 71.5 Mb), seminar presentation, AIATSIS Seminar Series: Indigenous Public Policy: Responses from the Ground, Canberra, 25 August.
• Strelein, L s223 and reform of the Native Title Act, Federal Court National Native Title User Group, Adelaide, 9 July 2008
• Strelein, L.M. 2008. ‘The native Title tax Dilemma’, paper presented to the Indigenous Communities, Economic Development and Tax Policy Symposium, University of Melbourne, 26-27 February 2008.
• Strelein, L.M. 2008. ‘Native title and incorporation’, ½ day information session for applicants of the Western Division of the Queensland South Native Title representative area, 15 March 2008.
• Strelein, L.M. 2008. Prescribed Bodies Corporate Presentation to the Attorney General’s Department, Canberra, 7 March 2008.
• Strelein, L. 2007. ‘Commentary: Paths not Taken: History, Myth and the Settler Context of Indigenous Rights in Australia’, Governing by Looking Back: how history matters in society, politics and government, First Annual Interdisciplinary Social Sciences Conference, Research School of Social Sciences, Australian National University, Canberra, 12-14 December 2007
• Strelein, L. 2007. PBCs a national overview. Presentation to the Regional meeting of Prescribed Bodies Corporate of the Torres Strait, Thursday Island, 5 December 2007
• Strelein, L. 2007. Native Title Research Unit’s Prescribed Bodies Corporate Research Project. Presentation to the Lhere Artepe AGM, 23 November 2007, Alice Springs, NT.
• Strelein, L. 2007. Tax incentives for Indigenous economic development: new models, presentation to the National Native Title Council, Brisbane, 25 October 2007.
• Strelein, L. 2007 Being sovereign—holding native title: Examining the aspirations for Prescribed Bodies Corporate, CAEPR seminar, ANU, 3 October 2007
• Strelein, L. 2007 Tax incentives for Indigenous enterprise: two new models. Presentation to the Senior Professional Officers’ Forum, Sydney, 19 September 2007.
• Strelein, L. 2007 Maximising the benefits. Presentation to the Mining, Petroleum & Gas Symposium: Indigenous involvement in resources and extraction industries, Broome, Western Australia, 9 July 2007.
• Strelein, L.M. 2007. Native Title Year in Review. Native Title Conference 2007, Cairns, 8 June 2007.
• Strelein, L.M. 2007. Native title trusts and taxation. Native Title Conference 2007, Cairns Queensland. 8 June 2007.
• Strelein, L.M. 2007. Prescribed Bodies Corporate, Attorney General’s Consultative Forum, 16 March 2007.
• Strelein, L.M. 2007.  Making the Most of Native Title in Australia: Achieving outcomes and managing benefits, Te Puni Kōkiri (Maori Affairs), CIGAD, College of Business, 1 February 2007 (focus on outcomes and PBCs).
• Strelein, L. M.2007.  Making the Most of Native Title in Australia: Achieving outcomes and managing benefits, Te Puni Kokiri (Maori Affiars), Wellington, 29 January 2007 (focus on institutions of native title).
• Strelein, L.M. 2006. Compromised Jurisprudence Presentation delivered to the National Native Title Tribunal Native Title Forum, 25 October 2006, Melbourne.
• Strelein, L.M. 2006. Native title payments, taxation and the distribution of benefits. Presentation delivered to the Taxation, Trusts and Distribution of benefits under Native Title Agreements Workshop for NTRB Senior Professional Officers, 19 September 2006, University of New South Wales, Sydney.
• Strelein, L.M. 2006. The legacy of Eddie Mabo: Native title law, Mabo Day  Celebrations, Australian Institute of Aboriginal and Torres Strait Islander Studies, 3 June.
• Strelein, L.M. 2006, The Year in Review: Achievements and outcomes in the native title sector 2005-06, paper presented to the National Native Title Conference, 24-26 May, Darwin.
• Strelein, L.M. 2006, ‘Recognition level’: Definition of the native title holding group in recent determinations’, presentation to Native Title Representative Bodies Professional Officers’ meeting on 14 March.
• Strelein, L.M. 2005. Native title in Australia: institutions, laws and policies, presentation to Queensland South Native Title Services Ltd Induction Training Workshop, Brisbane, 8-9 December 2005.
• Strelein, L.M. 2005, Who's running this show? The institutional dynamics of the native title process and the impact on claimants’ ability to assert control in the process. Paper presented to the Native Title Effects Workshop, Centre for Aboriginal Economic Policy Research, The Australian National University, Canberra. 1-2 November 2005.
• Strelein, L. M. 2005. Strategic Approaches to Agreement Making in the Native Title Sphere, Paper presented to Native Title Services Victoria Ltd staff, 15 July 2005.
• Strelein, L.M. 2005. Strategic use of agreement making and the negotiation of agreements under the shadow of the law. Federal Court Native Title Workshop. 6 April 2004.
• Strelein L.M. 2005. Native title: policy institutions and processes Staff Induction Seminar Office of Indigenous Policy Coordination, Canberra, 8 March 2005.
• Strelein, L.M. 2004. Symbolism and Function: From Native Title to Aboriginal and Torres Strait Islander Self-Government, Vice-President for Research Indian Outreach Committee Community Lecture, University of Arizona, USA, 3 November 2004.
• Strelein, L.M. 2004. Land-rights Negotiations in Australia: the Noongar Comprehensive Regional Agreement negotiation, Law Faculty University of Victoria, Canada, 23 November 2004
• Strelein, L.M.2004. From Mabo to Yorta Yorta: the development of native title law in Australia, Law Faculty, University of Victoria, Canada, 26 October 2004.
• Strelein, L.M. 2004. Native title and Indigenous polities: authorisation and the construction of 'Indigenous societies' in the native title process, ANU Law Faculty, 6 October 2004.
• Strelein, L.M. 2004. Symbolism and Function: From native title to Indigenous self-government. Paper presented to the Native Title Conference 2004: Building Relationships. ALRM and AIATSIS. Adelaide SA, 2-5 June.
• Strelein, L.M. 2004. From Mabo to Yorta Yorta: Native Title Law in Australia.  Lecture. University of Sydney, 5 April.
• Strelein, L.M. 2004. Rights of Indigenous Nations of the Murray Darling Basin in an international context. Seminar for the Living Murray Project of the Murray Darling Basin Commission, 22 March.
• Strelein, L.M. 2003. Native Title Business. Joint presentation for the opening of Native Title Business: Travelling Exhibition. National Museum, 11 December (Lisa Strelein, Jane Andersen, Donna Oxenham, Toni Bauman, Glen Kelly and Stuart Bradfield).
• Strelein, L.M. 2003 Noongar Umbrella Agreement. Presentation to the Strategic Directions in Noongar governance: proposed negotiations over a Comprehensive Agreement, Workshop. SWALSC, Busselton WA 25-26 November 2003.
• Strelein, L.M. 2002. ‘From native title to self-government: Comprehensive approaches to agreement making’, paper and seminar presentation in Negotiating Settlements: Indigenous peoples, settler states and the significance of treaties and agreements, University of Melbourne Seminar Series, 12 September.
• Strelein, L.M. 2002. Implications of the Ward Decision for the proof of native title ( 104 Kb), Native Title Conference 2002: Outcomes and Possibilities Geraldton WA, 4 September.
• Strelein, L.M. 2002. Renegotiating the Relationship between Indigenous peoples and the state: liberalism and capacity for self government, RSSS Political Science Program, ANU, seminar series, 20 March.
• Strelein, L.M. 2001. ‘A Comfortable Existence’: The Commercial use of Marine Resources under native title, AIATSIS conference 20 September.
• Strelein, L.M. 2001. Missed Meanings: The Language of Sovereignty in the Treaty Debate (. 216 Kb), AIATSIS Seminar series, 20 August.

Contact:

lisa.strelein@aiatsis.gov.au