Speakers and Abstracts - Public Program

Keynote Speakers

John Basten
The curious history of the Mabo litigation

The claim by (Eddie) Koiki Mabo and a group of Torres Strait Islanders to have their traditional interests in land recognised under the Australian common law took a decade to resolve.  Within 18 months the Federal Parliament had responded with legislation which entrenched the basic principles of Mabo in statute.  Four years later the Native Title Amendment Act 1998 continued the process of statutory enactment, leaving quite limited areas for resolution under the common law. 

Despite these developments, which have to a significant extent sidelined the common law of native title, the colonial history which stands behind the judgments of the High Court continues to excite historians.  A popular history devoted to establishing that the concept of terra nullius was a myth, but one which lay at the heart of the legal reasoning in Mabo v Queensland [No. 2] illustrates the depth of feeling which the judgments provoked. 

There is an irony in the complaint that bad history underlay the reasoning of the High Court in Mabo [No. 2]:  the complaint reveals an inadequate understanding of the way in which the common law develops and an inadequate knowledge of the legal history, which provides a more helpful understanding of the judgments in the High Court. 

Whether one approves of the decision in Mabo [No. 2] or not, it provided the opportunity for a rational settlement of issues relating to the dispossession of Aboriginal lands.  All of us who were involved in the legislative aftermath of Mabo must share responsibility for failing to make the most of that opportunity.

Justice John Basten is a member of the Court of Appeal, Supreme Court of New South Wales. Before his appointment last May, he argued many leading cases on land rights and the Native Title Act. He also advised the National Indigenous Working Group in 1997-98 and negotiated with the Government over what became the Native Title Amendment Act 1998. Although he was not involved in the Mabo litigation, he spent a decade applying the principles it established and assessing their effects on property law in Australia.

Patrick Dodson 

Patrick Dodson is a Yawuru man from Broome in Western Australia and is the Chairman of the Lingiari Foundation, an Indigenous non-government advocacy and research Foundation. He is a former Director of the Central Land Council and the Kimberley Land Council, a former Royal Commissioner into the Aboriginal Deaths in custody and for six years was the Chairman of the Council for Aboriginal Reconciliation. Patrick lives and works as a consultant, advising government, industry and community groups in Broome with his family, where he is also involved in matters relating to the preservation and enhancement of Indigenous rights and culture.

Marcia Langton 
Legal personality and native title corporations

Native title claimants who are successful either in obtaining a legal determination or a negotiated settlement of their rights and interests usually acquire a legal personality by establishing a corporation with the functions of a trust that protects the interests of its members. In the case of a legal determination of native title, the Native Title Act 1993 (NTA) provides that a Prescribed Body Corporate be established in order to provide a legal personality to the claimant group. In the case of a negotiated settlement, such as an Indigenous Land Use Agreement (ILUA), if a native title determination is not involved, a variety of options are available: there may be no legal personality established; the native title holders may establish a trust body that serves the role of a legal personality, or they may delegate dealings with non native title parties to a representative body, such an Aboriginal land council or native title representative body.

The Prescribed Body Corporate or Registered Native Title Corporation is a statutory device that provides legal personality to the collective of native title group members. This is necessary because, as McNeill explains in relation to the common law position held in Delgamuukw, the group cannot, as an entity in its own right, hold title because it lacks legal personality. If a group of people owns property, title must be vested in all the members of the group as individuals. It is for this reason that the common law does not permit unincorporated associations as such to hold title to property. 

In this paper, the guarantee of perpetual succession that the legal personality of native title corporation appears to offer is questioned with reference to the social, cultural and legal dimensions of identification, description and inclusion of parties in decision making processes and the long term implications for the sustainability of agreements.

Professor Marcia Langton is the Inaugural Chair of Australian Indigenous Studies at the University of Melbourne. She is also a Chief Investigator with the research project on Agreements, Treaties and Negotiated Settlements. Professor Langton is a descendant of the Yiman people of central Queensland.

Bonita Mabo
The Mabo Lecture: Introductory remarks

Bonita Mabo and her husband, the late Eddie (Koiki) Mabo, battled on behalf of Torres Strait Islanders for the recognition of their native title. Since the 1960s Bonita has worked in Indigenous organisations and at Townsville's Black Community School while raising ten children. As a descendant of the Stolen Generation, many of Bonita's battles have been highly personal and she continues to campaign for the recognition the rights of her own people - the South Sea Islanders.

Koiki (Eddie) Mabo (1937-92) was born on the island of Mer (also known as Murray Island) in the Torres Strait. As a young man Eddie moved to mainland Queensland working in and around Townsville. Eddie Mabo helped found Townsville’s Aboriginal and Islander Health Service and the Townsville Black Community School. At a land rights conference in Townsville in 1981, Eddie and other Murray Islanders decided to begin legal proceedings to have the traditional ownership of their land recognised by the Courts. Their claim was lodged with the High Court on 20 May 1982.  On June 3^rd 1992, six months after Eddie Mabo’s death, the High Court handed down its decision in favour of Mabo and his fellow plaintiffs. This was the first recognition of native title in Australia.

Philip Ruddock

Philip Ruddock has held the position of Attorney-General since October 2003 and is also the Federal Minister for Berowra (NSW).  Mr Ruddock was first elected to the House of Representatives in September 1973, and is its longest serving member.  Mr Ruddock has previously held the portfolio of Immigration, multicultural affairs, Reconciliation and Indigenous Affairs. 

Galarrwuy Yunupingu
The Mabo Lecture: ‘From then, till now; 30 years of Land Rights’

“Aboriginal people have always lived in the Northern Territory and we have always owned this land. The fight for land rights started long ago in the Northern Territory; Yolgnu have never stopped fighting. One of the significant events in the long fight has been the Wave Hill walk off; by the Gurindji people. Another very important marker is the presentation of the bark petition, by my father, to the Federal Government. Land rights has benefited Yolgnu people in the Northern Territory by giving us back the right to express our traditional culture and lifestyle.  However, in 2006 we are still fighting for our rights. We are at the crossroads, and I can only hope that Australians' can take the road to equity and social justice, rather than the road to conflict and uncertainty.”

Galarrwuy Yunupingu has been closely involved with Land Rights for Aboriginal people for more than 30 years.  Leader of the Gumatj clan since 1979, Galarrwuy was born at Melville Bay near Yirrkala in East Arnhem Land on the Gove Peninsula on 30 June 1948.  Galarrwuy entered the struggle for Land Rights in the early 1960s with his father Mungurrawuy, who, as Gumatj clan leader, fought and lost the battle to stop a bauxite mine operating on his land.  Since his father's death in 1979, Galarrwuy has become a very prominent leader and strong voice on behalf of Aboriginal people in the Northern Territory and Australia, gaining respect and admiration from many.  

In 1975 he joined the Northern Land Council and became Chairman of the Land Council in 1977, a position he held until 1980, when he returned to Yirrkala to look after the family business. He continued to hold an executive position on the Northern Land Council during this period and was re-elected to Chairman in 1983, 1986, 1989, 1992, 1995, 1998 and 2001.  During that period, Galarrwuy oversaw the work of the Land Council to win back land for Aboriginal people in the Northern Territory, and has championed initiatives to help traditional landowners assert their rights to manage and control their land and marine resources. He has also witnessed strong opposition to both the Land Rights Act and native title legislation over the years, and fought strongly to protect and preserve the rights those pieces of legislation give to Aboriginal people. In 1978, Galarrwuy was honoured as Australian of the Year and in January 1985 he was awarded the Member of the Order of Australia (AM) for his services to the Aboriginal community. In 1998, he was honoured as one of Australia's National Living Treasures. In 2001 Galarrwuy was elected co-chair of the Aboriginal Development Consultative Forum in Darwin, one of many positions he holds on committees and organisations where he can share his wide experience with other Australians and promote the aspirations of his people.

General Program

Iain Andersen, Graham Hiley, Graham Neate, and Warwick Soden, Wayne Bergmann and Simon Hawkins
Panel Discussion: The Claims Resolution Review

Iain Anderson is First Assistant Secretary, Legal Services and Native Title Division, Commonwealth Attorney-General's Department.  Iain's Division administers Australian Government policy on native title (apart from NTRBs and PBCs, which are the responsibility of OIPC, and respondent funding in native title, which is the responsibility of the Indigenous Justice and Legal Assistance Division of AGD) and has responsibility for Australian Government participation in native title claims.  It also convenes the Native Title Coordination Committee (AGD, OIPC, Federal Court, NNTT), which advises the Australian Government on the native title system, and the Native Title Consultative Forum, which is a forum for stakeholder representatives including Governments, industry peak bodies and NTRBs.

Graham Hiley has practiced since 1972, first as a solicitor then as a barrister.  He lived and practiced in the Northern Territory for 18 years from 1976.  During that time he appeared in and assisted with dozens of land claims, in various capacities including for claimants, governments and other interests, including as counsel assisting Justice Toohey the first Aboriginal Land Commissioner.  He was also the first chairman of the Community Living Areas Tribunal (NT).  He took silk in 1987.  Since moving to Brisbane he has specialised in land claims and native title, assisting and advising all interests, including Indigenous, government, fishing, mining and pastoral.  He has appeared in many of the leading native title cases including Wik, Yarmirr, Yorta Yorta, Ward and Larrakia.  He has given and written numerous papers and articles on land rights and native title, and has edited Native Title News since 1997.

Warwick Soden has been involved extensively in court administration throughout his professional career. From 1988 to March 1995 Mr Soden was the CEO and Principal Registrar of the Supreme Court of New South Wales, from which he took up the appointment as Registrar of the Federal Court of Australia. 

As the Federal Court’s Registrar and Chief Executive, Mr Soden has responsibility for the effective and efficient operation of all aspects of the management and administration of the Court. The Court has a Registry in each State and Territory capital city. Mr Soden works very closely with the Chief Justice of the Court concerning the management of and performance of the Court.

Mr Soden has a strong professional interest in the administration of justice and is closely involved with the Australian Institute of Judicial Administration (AIJA). He was an AIJA Council Member from 1991 to 2002. He has been instrumental in developing programs designed to improve the operation of Courts, particularly their delay reduction, case management, practice and procedure, and alternative dispute resolution procedures. Mr Soden was appointed by the Commonwealth Attorney-General to NADRAC (National Alternative Dispute Resolution Advisory Council) in 1998.

Graeme Neate has been President of the National Native Title Tribunal since 1999 and is based in Brisbane. He was a part-time member of the Tribunal from 1995 up until he became President. Before joining the Tribunal, Mr Neate was the Chairperson of the Aboriginal and Torres Strait Islander Lands Tribunal in Queensland and a member of the Local Court of Queensland. From 1988 to 1991, he was a senior solicitor in commercial property and environmental law at Freehill Hollingdale & Page, Sydney, and from 1986 to 1988 was the Principal Legal Officer with the Constitutional Commission. 

Mr Neate worked with the Department of Aboriginal Affairs in Canberra from 1982 to 1986 on a range of Aboriginal heritage and land matters. He became Director of the Legal Advising Section and assisted Justice Toohey with a comprehensive review of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). Mr Neate also chaired a panel of lawyers assisting the Federal Minister for Aboriginal Affairs and the Aboriginal Steering Committee with proposals for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). 

Mr Neate has a Bachelor of Arts and a Bachelor of Laws (with Honours) from the Australian National University in Canberra. He is admitted to practise as a legal practitioner in the Australian Capital Territory and Northern Territory, and as a solicitor in New South Wales and Queensland. He is also on the roll of barristers and solicitors in the High Court.

Simon Hawkins is Executive Director of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation, the native title representative body for the Yamatji (Murchison/Gascoyne) and Pilbara regions of Western Australia.  Before joining YMBBMAC, Simon worked for the Department of Indigenous Affairs as a Director, where he managed a regional network of offices across the state. This position followed his time as CEO of the Shire of Cue, where Simon's achievements included the instigation of a cultural tourism initiative involving the Thoo Thoo Wanhina Aboriginal Corporation and the inaugural QFest, a festival showcasing contemporary art and music.  Simon has worked as a town planner for a variety of urban and rural municipalities in Western Australia. He has a Bachelor of Arts in Urban and Regional Studies (Curtin University) as well as a Graduate Diploma in Environmental Science (Murdoch University).

Toni Bauman
Waiting for Mary: Process issues in facilitation and mediation in native title agreement-making

This paper follows on from a 2005 NTRU Issues paper where Toni Bauman argued, that at the outset of any agreement-making processes, there is a need for facilitating decision-making and dispute management frameworks in congruence with the matrix of differentiated relational rights and interests, at least some of which are negotiable amongst Indigenous people themselves. A range of process issues arise in attempting to achieve this aim in practice which can be further complicated by the sometimes conflicting requirements of the Native Title Act 1993 and the Aboriginal Land Rights NT Act 1976 in the Northern Territory.  

The paper highlights difficulties in gaining assurances about: who really has the decision-making power; how lawyers take instructions when this is unclear; who is the final arbiter of tradition; and whether parties are really saying what they mean given cultural constraints. Understanding group dynamics and the cultural and historical considerations which are influencing parties is critical in ensuring that decisions are owned and therefore sustainable, as is the presence of functioning governance structures which can provide support for participants into  the future.  

The paper also raises a number of practical considerations including: the significance of co-mediation/facilitation models, difficulties in separating process and content issues, problems associated with the incorporation of legal and anthropological advice into decision-making and dispute management processes, the importance of venue, and the need for parties to develop negotiation skills. Logistical issues have a major bearing on the success of native title processes, their success or otherwise depending upon the collaboration and co-operation of all team members including field liaison officers, anthropologists and lawyers.

Toni Bauman is a Visiting Research Fellow and manages the Indigenous Facilitation and Mediation Project in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies. She is an anthropologist, mediator, facilitator and Aboriginal Adult Educator, with over twenty-five years experience in a wide range of Indigenous matters including land and native title claims, agreement-making, decision-making, dispute management, social impact, and feasibility studies.  She has worked as a staff member and consultant for a range of Indigenous organisations such as Land Councils, Native Title Representative Bodies, ATSIC and the Aboriginal Areas Protection Authority in Darwin.  She is a Director of Dodson, Bauman & Associates Pty Ltd, Legal and Anthropological Consultants.

Tom Calma
An integrated approach to economic development and community development on Indigenous land

 In order to fully realise economic opportunities, traditional owners require the know-how and access to relevant government services and resources to progress their interests on land. The Australian Government’s Shared Responsibility Agreements (SRAs) are one means by which traditional owners can negotiate relevant knowledge, support, services and resources to realise their economic development goals. SRAs between traditional owners and government can provide the pre-conditions for economic development.  

SRAs can be used to negotiate specific infrastructure projects and education and training that will support a particular enterprise on land. For example, if an Indigenous community has agreed to an Indigenous Land Use Agreement that provides employment opportunities on pastoral projects, a SRA could be negotiated for community education and training targeted to this enterprise. If the local community wants to establish its own pastoral enterprise, a SRA might be negotiated that includes fencing and environmental projects that are linked to community employment targets.

As many of us are well aware, there is still not enough coordination of government services on Indigenous lands. SRAs are one way that traditional owners can negotiate and coordinate government services and resources to meet their aspirations and goals on their land. While SRAs are not the panacea for the range of issues that need addressing on Indigenous land, they are one potential instrument for Indigenous self determination and bringing all government agencies together to address an issue.

Increasingly traditional owners are called upon to negotiate a range of agreements and contractual relationships. In order to obtain the best possible outcomes in agreements like SRAs, traditional owners need the skills to participate to an optimum level. Government service providers also need skills to meet us equally at the negotiating table. We need to ensure that they do their job well by using interpreters, and communicating in ways which acknowledge different decision-making processes. If done well, there is potential for SRAs to assist traditional owners to realise their economic development aspirations and to create meaningful employment and education in their communities.

Tom Calma is the Aboriginal and Torres Strait Islander Social Justice Commissioner. He is an Aboriginal elder from the Kungarakan tribal group and the Iwaidja tribal group whose traditional lands are south west of Darwin and on the Coburg Peninsula in Northern Territory. He has been involved in Indigenous affairs at a local, community, state, national and international level and worked in the public sector for over 30 years.

John Catlin and Klim Gollan
Managing the mediation of connection using enhanced research tools

The NNTT, by arrangement with some NTRBs in WA and SA, has been piloting the development of geo-enhanced research into claim connection using sources exclusively from the public record.  The methodology aims to develop databases that can digitally map, for example, all public record incidents of Aboriginal activity (births, death, employment, residence, cultural activities, etc) at a particular location within a claim area. This data can then be linked to other relevant publicly available databases.  The geo-enhanced databases essentially filter hundreds or thousands of individual records from the public domain about specific claims and map them.  The process has the potential to settle some features of native title connection. It does not make any conclusions about the existence of native title rights.  The baseline data can be further enhanced by the NTRB with claim specific material that is not publicly available (videos, audio, written texts, photographs, genealogical databases, etc). The end result could be a “virtual connection report” which provides a highly efficient insight into some matters of proof.  The presentation will focus on:

1.      the technical product – how the process is developed and how it functions (the research-geo-spatial capacities), and;

2.      the management issues - how the process can fit within the mediation process; how it has been managed by the NNTT with the support of other stakeholders.

John Catlin is a full-time member of the National Native Title Tribunal based in Perth in the WA Registry. Mr Catlin has been involved with Aboriginal land issues since 1992. Prior to his appointment to the Tribunal in October 2003, he was principal advisor on Indigenous affairs for Xstrata (formerly Mount Isa Mining). During 1997—2000 he was lead native title negotiator for the WA Government and in 2001—2002 managed the Native Title Unit in Victorian Department of Justice. Earlier in his career, Mr Catlin was a teacher and arts administrator. His academic qualifications include a Bachelor of Arts from Curtin University and a Professional Certificate in Arbitration from Adelaide University.

Dr Klim Gollan is the manager of the National Native Title Tribunal’s Research Unit. He previously held a number of management positions in the Tribunal starting in 1995 in case management and policy and practice development. Prior to that, he worked in cultural heritage management in the NSW National Parks and Wildlife Service, and has worked as a consultant archaeologist.

Christine Charles and Anne-Sophie Deleflie
Regional partnerships between Governments, the minerals industry and Indigenous communities: Implementation of the Minerals Council of Australia (MCA) and Australian Government MOU   

The Australian minerals industry recognises the need to secure its ‘social licence to operate’.  Simply defined the social licence is an unwritten social contract between minerals companies, broader society and communities near or impacted on by operations, to operate in a manner attuned to community needs and expectations.  It acknowledges that businesses have a shared responsibility with government, and more broadly society, to help facilitate the development of strong and sustainable communities.  It aims at building strong business and strong communities to work towards sustainable futures for all involved.      

In June 2005 the MCA signed a five-year MOU with the Australian Government which establishes a platform for Government and the minerals industry to work in partnership with Indigenous people to build sustainable and prosperous communities in which Indigenous people can create and take up social, employment and business opportunities in mining regions.  The MOU establishes a new approach through the development of regional partnerships between Government, the minerals industry and Indigenous communities, that establish high-level alignment between the parties and ensure a collaborative, localised and focused approach to developing solutions for Indigenous communities. 

This joint presentation will provide a minerals industry perspective on the drivers for the development of the MOU, the process of implementation and the development of the Regional Partnership Framework.   The presentation will use 3 sites operated by Newmont Australia as case studies.

Christine Charles is Regional Director – Environment & Social Responsibility with Newmont Australia.   Newmont is a leading gold mining company, with headquarters in Denver USA, with sites across 5 continents.  Christine’s role covers operations across Australia and New Zealand. Christine was the Chief Executive of the South Australian Department of Human Services from 1997 to 2002.   Prior to that she headed the South Australian Cabinet Office for four years after holding a number of senior government positions.  In 2003 she worked for the World Health Organisation as a senior consultant based at the International Centre for Health Systems Development, Kobe, Japan. Christine has strong personal and professional interest in public policy and the public/private/community interface.  Positions currently held are:  Chairperson of the Mining Board of the Northern Territory; Board of SA Business Vision 2010; SA Business Ambassador; Trustee for the World Wildlife Fund for Nature (WWF); Board Member of Beacon Foundation; Member of Environment & Social Policy Committee – Minerals Council of Australia; Member of Sustainable Development Extension Working Group – Minerals Council of Australia (MCA); Chair women in Mining Dialogue MCA; Chair of Advisory Board Sustainable Minerals Institute; and, Advisory Board – Desert Knowledge CRC.

Anne-Sophie Deleflie is the Assistant Director of Social Policy at the MCA.  The MCA is the peak industry association that represents corporate minerals companies in Australia, with a membership that accounts for more than 85 percent of annual mineral industry output in Australia.  A lawyer by training, Anne-Sophie Deleflie worked from 1999 to 2004 as a senior legal officer with the Ngaanyatjarra Council representing remote Indigenous communities of the Western Desert on native title and corporate legal affairs.   Prior to working for the MCA, Anne-Sophie Deleflie also worked for the Western Australian State Government’s Office of Aboriginal Economic Development in the Department of Industry and Resources.

John Christophersen
Planning and zoning in sea country

John Christophersen is currently employed as the Sea Country Policy Officer with the Northern Land Council.  John is a member of the traditional owning group for the Coburg Region of the Northern Territory, and is also the Chairperson of the Garig Gunak Barlu Board of Management.  John was instrumental in the establishment of the Coburg Marine Park Sanctuary.

Allison Halliday
Alternative agreement making: The NQ Aboriginal Rainforest Council and The Wet Tropics of Qld World Heritage Area regional agreement

Many issues concerning decision-making and conflict management arise out of the false dichotomy between native title and cultural heritage. This paper will address these issues in relation to the work of the Aboriginal Rainforest Council (ARC), and attempts made by the ARC to address such issues.  The ARC facilitates interaction between Rainforest Aboriginal people, the Wet Tropics Management Authority (WTMA), the Environment Protection Authority (EPA), Queensland Parks and Wildlife (QPWS) and the Department of Environment and Heritage (DEH), through a regional agreement. ARC also advises and reports on land and cultural heritage management policies and programs.

Native Title Representative Bodies (NTRBs) are charged with negotiating and consulting on native title issues. The ARC represents 18 ‘tribal’ groups in the Wet Tropics World Heritage Area (WTWHA) and cuts across three NTRB boundaries. The ARC sees its role as complementary to NTRBs, however many issues associated with roles and responsibilities still need to be clarified. The regional agreement has widened the door for Traditional Owners to have a more equitable and beneficial role in policy, planning and dealing with permits ‘on country’. This opportunity in conjunction with implementing the Far North Queensland Natural Resource Management Board’s Aboriginal Plan will deliver long awaited on ground outcomes at both the regional and local level in the WTWHA. It also enables Aboriginal groups to cultivate dialogue which provides for greater cross cultural awareness, respect and recognition of Traditional Owners within the wider community, regardless of the outcome of Native Title.

Allison Halliday has been the Co-chair of the Aboriginal Negotiating Team (ANT) for the past three years, which has been part of the Interim Negotiation Forum (INF) process. Allison has been working hard for the past 10 years to gain greater recognition and more beneficial / equitable participation for Rainforest Aboriginal people in land management and cultural heritage in the WTWHA.  Allison is currently the ARC’s administrative/project officer to the Aboriginal Rainforest Council, she is being mentored into the Executive Officer’s position over the next two years. In her current position, Allison facilitates the involvement of Rainforest Aboriginal people in the protection, conservation and management of the Wet Tropics World Heritage Area’s natural and cultural values.

Annette Hamilton

Annette Hamilton carried out anthropological research at Maningrida (NT) in 1967-9 and at Mimili in the Eastern Western Desert of South Australia in  1970-71.  Her numerous publications in the field of indigenous studies  focus on a number of ethnographic topics arising from that research,  including gender relations, child-rearing, ritual knowledge and social  change.  She has also written on colonialism and postcolonialism, land rights, the impact of missionaries, and gender and aesthetics.  In 1981 she began work for the CLC on the Lake-Amadeus Luritja Land Claim, and worked full-time as Research Coordinator at the CLC in 1984/5 working on several claims in the Alice Springs and adjacent areas.  Also during this period she was the anthropological advisor to the Royal Commission into British Nuclear Testing in Australia, and judge's adviser on the Ti-Tree Land Claim.  Since the advent of Native Title she has provided peer reports on several Native Title Claims, written reports on submissions, and corresponded over Native Title matters in several cases involving Western Desert bloc systems. During the 1990s to the present she has worked largely in Thailand and elsewhere in Southeast Asia but maintains an active interest in Australian indigenous anthropology. She was Professor of Anthropology at Macquarie University and Head of Division of Society Culture Media and Philosophy.  Since 2002 she has been Professor of Anthropology and Dean of the Faculty of Arts and Social Sciences at the University of New South Wales, Sydney.

Bob Harvey
Indigenous employment and economic development

The new Indigenous Economic Development Strategy (IEDS) supports the Australian Government’s drive to assist Indigenous Australians with opportunities for economic development. The aim is to stimulate the fundamentals of supply and demand especially in regional and remote Australia. With a strong Australian economy it is a pivotal moment to take advantage of labour and skills shortages across a range of sectors.  The presentation will discuss how Indigenous communities, industry and government can work more effectively together to achieve tangible and sustainable work, training and education outcomes for Indigenous Australians through strategic agreement making.

Bob Harvey is the Indigenous Employment and Business Group Manager within the Department of Employment and Workplace Relations (DEWR).  Last year Bob was instrumental in the development and implementation of the future directions for the Community Development and Employment Projects (CDEP) program.  Previously, as State Manager of DEWR Victoria, Bob took the lead role in progressing the Council of Australian Governments Indigenous trials in Shepparton.  Bob has many years experience in delivery of Government labour market programs and service delivery.

Graham Hiley
The review of the native title claims resolution process

Graham Hiley has practiced since 1972, first as a solicitor then as a barrister.  He lived and practiced in the Northern Territory for 18 years from 1976.  During that time he appeared in and assisted with dozens of land claims, in various capacities including for claimants, governments and other interests, including as counsel assisting Justice Toohey the first Aboriginal Land Commissioner.  He was also the first chairman of the Community Living Areas Tribunal (NT).  He took silk in 1987.  Since moving to Brisbane he has specialised in land claims and native title, assisting and advising all interests, including Indigenous, government, fishing, mining and pastoral.  He has appeared in many of the leading native title cases including Wik, Yarmirr, Yorta Yorta, Ward and Larrakia.  He has given and written numerous papers and articles on land rights and native title, and has edited  Native Title News since 1997.

Sam Jeffries
The ILC: a bridge between native title and sustainable land outcomes

The Indigenous Land Corporation and the Indigenous Land Fund were established in 1995 as part of the Australian Government’s response to the High Court Mabo decision. The Government’s intention was to complement the Native Title regime. The ILC has recently revised its major policy document the National Indigenous Land Strategy (NILS). In his presentation, the ILC’s Deputy Chairperson Mr William ‘Sam’ Jeffries will talk about the corporation’s programs and funding, recent work to foster increased economic development, training and employment on Indigenous-owned land, particularly in the areas of pastoral and tourism activity, corporate governance training support for Prescribed Bodies Corporate and an increasing ILC focus on improved land and property outcomes for Indigenous people in urban areas.

Sam Jeffries is Deputy Chairperson of the Indigenous Land Corporation and Chairperson of Murdi Paaki Regional Assembly in Western NSW.  He was born in Brewarrina NSW and has been active in Indigenous Affairs for 25 years.  Sam has worked in the cotton, hotel and meat industries, in the public service and as a Community Training Officer at the Lightning Ridge CDEP.  He recently finished a four-year term on Walgett Shire Council having been elected to five consecutive terms as an ATSIC Regional Councillor and serving three consecutive terms as Chairperson. 

His previous roles include Chair of NSW ATSIC State Council, a Board Member of the NSW Aboriginal Housing Office, Chair of the National Forum of ATSIC Regional Chairpersons and Chair of Barwon Darling Alliance, an alliance between Murdi Paaki Regional Assembly and five Local Councils.  Mr Jeffries is currently a board member of the Western Catchment Management Authority of NSW and also a panel member of the Aboriginal Trust Fund Repayments Scheme.  Mr Jeffries is Chairperson of Murdi Paaki Environmental Health Forum and has been a JP since 1984.

Richard Kennedy and Nancy Harrison (with Katie O’Bryan)
Presentation of the Wotjobaluk, Jaadwa, Jadwadjali, Wergaia and Jupagulk Native Title Holders

The first positive determination of native title in Victoria was handed down on 13^th December 2005 by Justice Merkel, with the consent of all parties.  This presentation outlines the tumultuous road along which the claimants had to travel in order to achieve this outcome.  It documents the main elements of the agreements reached in settlement of the claim, and highlights some of the lessons learned along the way.  Challenges facing the Prescribed Body Corporate now and in the future are identified and discussed.

Marcia Langton and Odette Mazel
Utilising the ATNS Database 

The Agreements, Treaties and Negotiated Settlements (ATNS) project is an ARC Linkage project examining treaty and agreement-making with Indigenous people in post-colonial states and the nature of the cultural, social and legal rights encompassed by past, present and potential agreements and treaties. The ATNS database is an online gateway which links together current information, historical detail and published material relating to agreements made between Indigenous people and others in Australia and overseas. The ATNS database is designed for the use of Indigenous and other community organisations, researchers, government and industry bodies.

Professor Marcia Langton is the Inaugural Chair of Australian Indigenous Studies at the University of Melbourne. She is also a Chief Investigator with the research project on Agreements, Treaties and Negotiated Settlements. Professor Langton is a descendant of the Yiman people of central Queensland.  

Odette Mazel is a lawyer and Research Fellow and is the Project Manager for the Agreements, Treaties and Negotiated Settlements research project based in the School of Anthropology, Geography and Environmental Studies at The University of Melbourne. Odette Mazel has also worked on the Hindmarsh Island Bridge litigation for the Australian Government Solicitor in South Australia.

Penny Lee
Individual titling: The international context

This paper examines the issue of title reform that transforms communally held lands into individual title. It looks at the perceived relationship between economic development and individual alienable title from the international perspective. Internationally, there is increasing recognition of the shortcomings of individual titling schemes. The paper documents the policy shift of the World Bank and other development agencies such as DFID in the UK away from title reform and sets out some problems that have been faced by such programs in Africa. To engage with the Australian context, and particularly the legal structure of the NT, the paper looks at the issue in the context of the Aboriginal Land Rights Act (NT). The purpose of this is to explore whether economic development can occur within the current scheme, and the paper finds that it legally can. The further purpose is to acknowledge the global context that questions the benefits of individual title reform.

Penny Lee has worked as a native title and constitutional lawyer for the Crown Solicitor's Office in Sydney. She has also worked as a legal officer for the Northern Land Council in Darwin. She spent several months assisting the Legal Resources Centre in Cape Town on the Richtersveld test case. The Richtersveld case advocated for recognition of Indigenous title to land that was lost during the apartheid regime. She is currently completing her Masters of Law and Development at the University of Melbourne.

Meg Lethbridge
Capacity development: PBCs in the Torres Strait

This paper will describe a research and capacity development project, lead by the Native Title Office of the Torres Strait Regional Authority.  The aim of the project is to work in partnership with PBCs in the Torres Strait, to identify key issues which impact upon them to reduce their effective operation, and to develop and implement capacity building strategies to contribute to addressing these issues.  This is a pilot project and, as such, will be undertaken with a small cohort of PBCs in the first instance.

By late May 2006, the project will still be in its early stages.  Thus, the focus of the conference paper will be on the conceptualisation and aims of the project.  The issues covered in the paper will include:                      Why and how the project developed; circumstances in the Torres Strait which increase the urgency of the project; prior and current research and thinking which contribute to the project; why the project is based in the NTRB; ; the contribution of such a project,  to consideration of the future role of the NTRB in the Torres Strait; and, the contribution of such a project, to consideration of the future of the Native Title framework more broadly.

Meg Lethbridge is the capacity development officer with the Native Title Office of the Torres Strait Regional Authority

Ron Levy
Larrakia Land Rights since the 70s: Kenbi to Darwin

This paper examines legal actions taken by the Larrakia people under both the Aboriginal Land Rights (Northern Territory) Act 1976 and Native Title Act 1993 to obtain recognition of their traditional rights to land. The paper considers the successful Kenbi Land Claim to the Cox Peninsula on the western side of Darwin Harbour, which was lodged in 1979 and is Australia's longest running land claim. The claim has involved considerable litigation in the Federal and High Courts, including in relation to a 1978 attempt by the NT Government to nullify the claim by vesting the Peninsula within the town boundaries of Darwin. The claim was recommended to be granted as Aboriginal land in 2000. Negotiations between stakeholders are required so that the Commonwealth Minister may consider whether or not to make a grant.

The Kenbi Land Claim is compared with the recent Federal Court determination that native title does not exist regarding adjacent land in the Darwin region, on the basis that the laws and customs presently observed by the Larrakia people are not "traditional". This determination is subject to appeal.

Ron Levy is the principal legal officer of the Northern Land Council, where he has worked as a solicitor since 1994. He was admitted as a solicitor in 1986. Previous employment includes as a solicitor with the Victorian Aboriginal Legal Service from 1987 to 1991.

Fiona Martin
What’s Public Benefit got to do with it?  How the law in Australia relating to the Public Benefit requirement of ‘charitable’ applies to charities for the benefit of Indigenous people

The conferral of charitable status on an organisation provides for the flow on of important tax concessions attaching to the entity.  The most significant example is the exemption from income tax under the Income Tax Assessment Act, 1997.  It is generally agreed that for an organisation to be charitable it must not only fall within one of the four headings set out by Lord Macnaghten in Pemsel’s case but it must also be founded for the benefit of the public or a significant section of the public (with the exception of charities for the relief of poverty).  This article considers the application of this principle to current Australian law and whether or not it has been applied to cases involving charities founded for the benefit of Indigenous people generally.  It considers the rationale for this approach and whether or not it is in accordance with current social needs and public policy to apply this principle to charities relating to Indigenous people.

Fiona Martin has been an academic for many years researching and teaching in the taxation law area.  Fiona joined Atax the National Taxation School at UNSW in 2005.  Prior to this she was a senior lecturer in the Law School at the Queensland University of Technology, Brisbane.  Before commencing as an academic Fiona was a solicitor in both private practice and for the Australian Government Solicitor’s Office.  Her main areas of professional practice were revenue law and taxation litigation.  Fiona has published several journal articles in scholarly tax journals in the areas of income tax and property development and the GST particularly as it relates to charities.  She has also published a number of book chapters in the revenue law area and co-authored Taxation Law Manual: A Tax Workbook. 

Fiona has received several teaching awards including the Queensland University of Technology Vice-Chancellor’s Award for Outstanding Academic Contribution to Teaching Performance and Leadership.  She was a finalist in the Australian Awards for University Teaching and has published several articles on approaches to teaching and learning taxation law. 

Michael Meegan, John Catlin and others
Resolving overlaps in the North West Goldfields area

In June 2005 11 Native Title applications, of which the Goldfields Land and Sea Council represented 7, were scheduled to begin trial in December 2005. In total 95% of trial area was overlapped including some claims where multiple overlaps existed. The GLSC resolved to convene a Land Summit in an effort to resolve overlaps. The NNTT provided logistical, geo spatial and technical support in relation to planning and holding the Summit. Between June and October 2005 intensive meetings were conducted with various claim groups culminating in a Land Summit which was held at Leonora in Western Australia from the 24^th – 26^th  October 2005. As a result of the summit 22 discreet overlaps were resolved, a number of claims are now in a position where they are able to be registered, the trial was vacated and the detailed litigation schedule was replaced by a mediation protocol. This paper aims to look at the approach adopted to resolve the overlaps, the logistical, cultural, geospatial, technical and legal issues that needed to be considered, the various meetings held leading up to the Summit and ultimately the planning and presentation of the land summit. 

Michael Meegan is Barrister and solicitor with 20 years experience in variety of areas of law. Michael has also since 1992 pursued an interest in mediation having gained training through the University of South Australia and Bond University. Michael helped set up a mediation unit at Legal Aid(WA) during his time there and is the current chairman of the WA Chapter of LEADR. He works as a Senior Solicitor at the Goldfields Land and Sea Council working mainly in the area of Native Title litigation.

John Catlin is a full-time member of the National Native Title Tribunal based in Perth in the WA Registry. Mr Catlin has been involved with Aboriginal land issues since 1992. Prior to his appointment to the Tribunal in October 2003, he was principal advisor on Indigenous affairs for Xstrata (formerly Mount Isa Mining). During 1997—2000 he was lead native title negotiator for the WA Government and in 2001—2002 managed the Native Title Unit in Victorian Department of Justice. Earlier in his career, Mr Catlin was a teacher and arts administrator. His academic qualifications include a Bachelor of Arts from Curtin University and a Professional Certificate in Arbitration from Adelaide University.

Vincent Mundraby, Ian Kuch, Martin Doré and Craig Jones
Local governance in change; pathways to the mutual recognition of Native Title & Local Government beyond the Queensland Reserve System

Vincent Mundraby is Mayor of the Yarrabah Shire Council.

Martin Doré was brought up in Adelaide and graduated from the University of Adelaide law school in 1979 after which he spent another year obtaining his graduate diploma in Legal Practice. Martin then went to work for a country law firm in Port Augusta where he quickly became a partner and ultimately took over the firm. It was in Port Augusta that martin first worked for indigenous clients, actively assisting the Aboriginal Legal Rights Movement's Port Augusta office with matters. In January 1998 Martin commenced work for the Yamatji Land and Sea Council based in Geraldton as a legal officer until accepting the position of PLO with North Queensland land Council in August 2000.

Craig Jones is the Director of the Native Title Studies Centre at James Cook University in Cairns. He has held this position since September 2003 and has been working on developing the scope and profile of the Centre up until the present time. The Centre’s primary research focus is on the practicalities of native title and agreement-making with Indigenous peoples. The Centre has attracted a small number of research scholars in this area, including a number of Aboriginal students whose work is focused on developing better outcomes for Indigenous peoples from agreement-making with government and industry. Craig is also a PhD student at the Aboriginal Environments Research Centre at the University of Queensland. His research is focused on cross-cultural mediation and negotiation and uses a number of examples of negotiation between Aboriginal peoples.

Bob Nicholls, Graham Atkinson and Mark Brett
Native title and land justice in Victoria

The presenters will outline the process by which a statewide body of traditional owners has begun to negotiate with the State Government. The Victorian Traditional Owner Land Justice Group presented a statement of aspirations to Premier Bracks early in 2005, and in response, he instructed three Ministers to engage with the Land Justice Group on 'native title and land-related issues'. One purpose of the negotiations, from the State Government's point of view, is to establish a policy framework that will facilitate the resolution of native title matters across Victoria. A key question arising has been the extent to which broader aspirations for land justice can be built into ILUA agreements enabled by s 86F of the Native Title Act. The Land Justice Group has been careful to distinguish between policy matters of common concern and the necessity for each of the first nations to be self-determining. Participants in the negotiations are cautiously optimistic about the good will expressed by the Ministers, and for example, the recent revisions to the Aboriginal Heritage Bill indicate that traditional owners have already made some gains through this engagement.

Bob Nicholls is Co-chair of the Victorian Traditional Owner Land Justice Group.

Graham Atkinson is Co-chair of the Victorian Traditional Owner Land Justice Group.  Graham is a Dja Dja Wurrung and Yorta Yorta man. He is currently the elected Chairperson of Native Title Services Victoria. He holds a Master of Business Administration a Bachelor of Arts and Social Work and is Director of consultancy firm, Atkinson Kerr Associates.

Mark Brett is Policy Officer, Native Title Services Victoria.

Justice Tony North
Book Launch: Compromised Jurisprudence

Justice Tony North was educated at Melbourne University (BA, LLB Hons) and the University of London (LLM). In 1973 he was appointed as associate to Sir Ninian Stephen, then a Justice of the High Court of Australia.  In 1976 he joined the Victorian Bar and practised initially in commercial law generally and later also in public law and industrial law. His Honour took silk in 1989. From 1992-1995 Justice North was the Defence Force Advocate, a part time statutory office requiring him to advise the Chief of the Defence Force concerning pay conditions of members of the Australian Defence Force, to appear before the Defence Force Remuneration Tribunal to argue pay and conditions cases on behalf of members of the Australian Defence Force. As a silk, Justice North argued a number of high profile industrial law cases such as the 1989 airline pilots’ dispute. He also appeared in the High Court in the watershed disability discrimination case of Waters v The Public Transport Commission. 

In 1995 his Honour was appointed a Justice of the Federal Court of Australia. In 1998 his Honour was the Judge at first instance in Patricks, a case concerning the most publicized industrial dispute in recent Australian history. His Honour was also the Judge at first instance on 11 September 2001 in the Tampa case involving a claim for habeas corpus on behalf of about 400 asylum seekers held on board the Tampa near Christmas Island.

His Honour has a particular interest in Aboriginal land cases and has sat both as a trial and appellate judge in a number of such cases. His Honour also has a special concern for refugee law, and is a member of the International Association of Refugee Law Judges.

Danny O’Shane

Danny O'Shane was born in Cairns in August of 1944 to an Irish father and Yalanji Aboriginal mother. Danny has have two older sisters and two younger brothers. At sixteen years of age he began an apprenticeship as an electrical fitter mechanic and most of his working life has been spent in the electrical trade. Danyy’s parents were very active in the Indigenous struggle during my early childhood and has had a keen interest in Indigenous matters almost all his life. Danny married Mary Lui, a Torres Strait Islander, in June 1967, and has four children and ten grandchildren.   In the early 90s Danny was told by his only surviving uncle on my mother's side to represent the family in negotiations on Western Yalanji native title claims. He has been involved in those negotiations ever since.

Danny began work as a project officer with the North Queensland Land Council in 2001 and has remained in that position until the present.  Danny get a great deal of satisfaction from the work he do with traditional owners where his personal experience helps him to understand the frustrations they often encounter.

Kingsley Palmer
Anthropology and applications for the recognition of native title

The practice of anthropology has become central to the process whereby applicants seek to have their native title claims recognised.  Despite this there remains uncertainty as to the role of anthropologists and what it is that they should (or can) contribute to the process. Moreover, the interface between the legal system and the profession has not always been comfortable or productive.  The legal status of the anthropologist’s expert views is often subject to challenge and legal debate.  In this paper I will examine some aspects of anthropological practice relevant to these propositions.  I seek to situate that practice within the native title process and the requirements of the court.  This requires an appreciation on the part of anthropologists of what the process demands as well as a better understanding of what anthropologists can offer as experts.  In this I will also map some possible directions for the future that might have a bearing on how anthropology can contribute to processes undertaken in relation to the Native Title Act. 

Kingsley Palmer has worked in many areas of Aboriginal Australia including the Northern Territory, Western and Southern Australia.  Formerly Senior Anthropologist with the Northern Land Council in Darwin, he was appointed Director of Research at the Australian Institute of Aboriginal Studies in Canberra in 1985.  He subsequently became Deputy Principal of that organisation, a post he filled until 2001.  He is now a private anthropological consultant.

Dr Palmer has been involved in a number of native title claims over the last decade and has authored expert anthropological reports and given evidence in the Federal Court.  He is currently working on or involved in six claims in Western Australia and Queensland.

Steven Ross
Negotiating natural resource management along the Murray River

 This presentation outlines a brief history of the Murray Lower Darling Rivers Indigenous Nations (MLDRIN): a confederation of 10 traditional owner groups from the Murray Darling River Valleys. These include the Nations of the Wiradjuri, Taungurung, Yorta Yorta, Wamba Wamba, Barapa Barapa, Wadi Wadi, Muthi Muthi, Latji Latji, Weragaia and Ngarrindjeri.  The paper will also discuss MLDRIN’s achievements from its establishment after the Yorta Yorta native title determination to signing agreements with the Murray Darling Basin Commission and non-government organisations.  The aspirations of the Indigenous Nations for Indigenous water allocations, cultural flows and further recognition of the inherent rights of traditional owners will also be articulated.  The Nations aspire to the full validation and inclusion of Indigenous science and knowledge systems in the management of water and country and for proper informed consent processes, appropriate acknowledgement and resourcing for Nation Governance and forms of compensation for land and water degradation.

Steven Ross is a Wamba Wamba man from Deniliquin in southern NSW. He also has cultural and familial connections to the Muthi Muthi and Wiradjuri Nations.  Steven has an Honours Degree in Government and Public Administration from the University of Sydney in 2000. He is also a Chevening Scholar having received a British Council Chevening Scholarship at the University of Edinburgh 2002.

Professionally Steven has worked for the NSW Cabinet Office, NSW Department of Aboriginal Affairs and NSW Attorney Generals Department. From 2003 to present, Steven has been the Coordinator of the Murray Lower Darling Rivers Indigenous Nations, which is based in Deniliquin NSW.

Lee Sackett

Lee Sackett lectured in the Anthropology of Aboriginal Australia at Adelaide University for 20 years.  Following this, he for three years was Manager of Land Tenure at the Central Land Council.  For the past eight years he has worked as a consultant Anthropologist.  Much of his research experience has been with Western Desert peoples.  Significantly in this regard, he researched and reported on the Tempe Downs-Middleton Ponds/Luritja land Claim, the former Irrunytju Papulankutja Native Title Claim and the Cosmo Newbury Native Title Claim.  He is currently researching and preparing reports on the Birrilburu Native Title Claim, the Sir Samuel Native Title Claim and two Wiluna Native Title Claims

Tony Shelley
Future act mediations: components of the process and some tools that can help the parties (a case study)

This short presentation will look at a Northern Territory case study where agreement was successfully reached regarding proposed future acts. The presentation seeks to identify the critical components and tools that were brought to the mediation process by the parties that were instrumental in bringing about a successful conclusion.  The presentation will set the scene and then discuss the key aspects of the process, preparation, expertise, resources, relationships, outcomes and conclusions.

Tony Shelley has worked with the National Native Title Tribunal since October 1998, initially as a senior case manager in Sydney and then as a State/Territory manager. He has worked in the Sydney, Brisbane, Melbourne and Darwin offices of the Tribunal.  Before joining the Tribunal Mr Shelley was in-house counsel with the Aboriginal Legal Service of Western Australia (Inc) from 1993 to 1998. Prior to that, he worked in Melbourne as a solicitor in private practice and as a barrister at the Victorian bar from 1986 to 1993.  Mr Shelley has degrees in Arts and Law and has been admitted to practice as a legal practitioner in Victoria, New South Wales and Western Australia. He is also on the roll of barristers and solicitors of the High Court.

Jeffrey Stead

Jeffrey Stead is currently the Chief Executive Officer of the Aboriginal Areas Protection Authority.  Previously he was the Manager, Anthropology and Land Tenure at the Northern Land Council for thirteen years. He has worked as a consultant, primarily focussed on the preparation of Aboriginal Land Rights Act (ALRA) Land Claims, and was the co-ordinator of the Research Branch of the Central Land Council for three years. He has been directly involved in the research for fourteen ALRA Land Claims and supervised the preparation of a number of others.  He was the Senior Anthropologist in two Native Title determinations – St Vidgeons and Urapunga Township.

Kevin Williams and Tina Jowett
Jango: Payment of compensation for the extinguishment of native title

The paper will address the following five points: 

1.      The right of compensation in respect of the validation of acts as at the date the acts took place under s 23J or in the case of public works, at the date the construction or establishment of the particular public works began, not when any improvements on the land which post-dated the extinguishing acts were constructed

2.      The quantum of compensation is assessed without reference to any improvements on the land the construction which post-dates the extinguishing act

3.      The person or groups entitled to compensation are those who held native title rights and interests at the date the past act occurred

4.      Interest should accrue from the date the native title was extinguished (see point 1 above)

5.      A site of significance bears on the quantum of the compensation payable once the claim group has established native title rights and interests that were extinguished as a result of compensation acts.

 What Jango failed to do was to decide how to assess the compensation.

The paper will examine ss 48, 49, 50, 51, 51A and 53 of the Native Title Act 1993 (Cth) (NTA) in relation to criteria for determining compensation and current cases relating to just terms compensation under s 51 (xxxi) of the Constitution.

Kevin Williams is a Descendant of the Wakka Wakka people and is currently a lecturer at the University of Newcastle, School of Law.  Kevin has a BA (Central Qld University), LLB (UNSW) and LLM (Southern Cross University).  He was the Awarded Lionel Murphy scholarship in 2000 and later worked as a law lecturer at Southern Cross University.  In another life Kevin worked for the Aboriginal Development Commission, Equal Opportunity Commission Victoria and was Acting Qld Director Human Rights and Equal Opportunity Commission.  Kevin was instrumental in setting up Indigenous pre-law program UNSW 1994 and has remained involved with the Indigenous Law Centre UNSW.  Kevin was able to play a role in getting the UN to take the Australian government to task over the amendments to the Native Title Act in 1998 and has lectured on Indigenous rights throughout the world. 

Tina Jowett graduated from the University of New South Wales with a BA (Hons) in 1991 and a LLB in 1994, where she also worked at the Indigenous Law Centre.  Tina was associate to Justice Jane Mathews during her work on Dunghutti agreement and the Hindmarsh Island Bridge case.  In 1996 Tina was appointed to the position of solicitor with the New South Wales Crown Solicitor’s Office including work on the Yorta Yorta case and the Arakwal agreement. Since coming to the Bar Tina has been briefed to appear in a number of native title matters for respondents and is currently briefed, by the South West Aboriginal Land and Sea Council, in the Single Noongar Claim before Wilcox J.

Phillip Williams
Native title charitable trust funds

Compensation is now being paid to Aboriginal people throughout Australia as traditional links to the land are being recognised.  Much of the compensation is paid by organisations such as mining companies, whose activities impact on local communities. How do you ensure long-term benefits are achieved beyond the life of the commercial activity?  Often the native title process takes a lot of resources and time before any benefits flow through to native title claimant groups, so when benefits do arrive, groups are often confronted with the issue of what do we do now?  One way of ensuring benefits flow through to the community is to establish a Charitable Trust fund.

Charitable Trust funds allow claimant groups to utilise their funds for anything deemed to be a charitable object under the rules outlined by the Australian Taxation Office.  These charitable objects extend to Cultural, Medical, Educational and Business related matters to name a few.   Native title Charitable Trust funds have tax advantages over other forms of trust accounts.  A Charitable Trust fund operated by a trustee company offers security and transparency to all stakeholders. Being independent of the Commercial entity and the native title claimant group, an independent trustee can be of significant benefit due to their ability to make decisions without prejudice.  Native title Charitable Trust funds can be an excellent mechanism for developing communities and creating long-term economic opportunities.

Phillip Williams is the Head of Native Title Trusts with Plan B Trustees Limited.  Phillip specialises in administering trust funds for the management of compensation payments resulting from native title claims. Phillip has a Certificate in Small Business Management, Diploma of Business Management, Graduate Certificate in Indigenous Studies form Curtin University and is currently undertaking a Bachelor of Commerce. He has also completed an Introductory Proficiency Certificate from the Executor and Trustee Institute.

Phillip has worked with the law firm Freehill Holingdale & Page followed by two years with the Australian Securities & Investments Commission. In 2000 he commenced work with Plan B Trustees Limited where has remained until the present.  Phillip is also a keen athlete having represented Western Australia and Australia in the sport of rowing.

Kaely Woods
Economic development and home ownership on Indigenous land

For many Indigenous Australians, the recognition of their rights as traditional owners is a significant event in itself.  But rights, in themselves, do not necessarily provide sufficient impetus for the change that is necessary to enable them to redress the inherent disadvantage that plagues most communities.  While economic development may not be the panacea for all Indigenous communities and individuals, it is critical to raise awareness of the options available.  Locational disadvantage capacity building should be viewed as challenges rather than obstacles to economic development.

As part of the government’s Indigenous Economic Development Strategy, IBA works with other government agencies to increase the opportunities for Indigenous Australians to participate in wealth and asset creation activities.  In particular, IBA is seeking to increase the opportunities for economic development, including home ownership, on Indigenous land.  This provides the opportunity for Indigenous Australians to move beyond the rights agenda to develop a sustainable viable economic base for future generations. 

Kaely Woods manages the Policy and Partnerships Branch of Indigenous Business Australia (IBA), a Commonwealth statutory authority that supports Indigenous involvement in home ownership and commercial activity.  In IBA, Kaely’s role involves development of new policy; supporting IBA’s interaction with other government agencies involved in Indigenous economic development policy; managing the recently announced home ownership on Indigenous land program, known as Community Homes; and managing IBA’s regional liaison with Indigenous people, businesses and government agencies.  Kaely’s background includes senior roles in Commonwealth central agencies dealing with Indigenous policy issues, particularly native title and land rights, complemented by tertiary studies in economics and Indigenous studies.

Murundoo Yanner and Joe Morrison
From courthouse to country: Moving from legal recognition to practical returns on country through management and development

Joe Morrison is both Wardaman and Torres Strait Islander. Born and raised in Katherine Northern Territory, he has spent the last decade working with remote communities throughout the Top End of the Northern Territory and more recently across north Australia to develop local action and capacity to lead "Caring for Country" initiatives. He is currently the Executive Officer of the North Australian Indigenous Land and Sea Management Alliance (NAILSMA) and Co-Theme Leader within the CRC Tropical Savannas Management based in Darwin. He is currently a member of two committees that advise the Federal Environment Minister in relation to Indigenous issues and Biodiversity arising under the Environmental Protection and Biodiversity Conservation Act.

Murundoo Yanner is a gulf traditional owner.

David Yarrow
‘Wrong way go back’ ‑ the past and future of native title extinguishment

In Mabo [No. 2], a High Court majority adopted a clear and plain intention test for the extinguishment of native title.  This was a standard with a long heritage within common law jurisprudence and an application to a wide range of private rights include property rights.  Fast-forward to 2006 and it is now apparent that that courts are required to apply a pedantic calculus in which extinguishment is measured by the inconsistency of native title and non-native title rights, in many ways the antithesis of co-existence.  This paper will trace the development of the inconsistency standard and emphasise the central irony – that the unique standard of extinguishment that has been developed for native title seems to fail the equal treatment requirement that was central to the protection of native title in Mabo [No. 1] in 1988.

David Yarrow is a lecturer at Monash University’s Faculty of Law.  He has previously worked for a number of representative bodies and studied at Osgoode Hall Law School in Toronto, Canada.

Workshops

Department of Environment and Heritage
Beyond native title: Natural and cultural resource management solutions

Convenor: Julia Curtis

The Australian Government Department of the Environment and Heritage is responsible for developing and implementing policy to protect and conserve Australia's environment, including our natural and cultural heritage. Indigenous relationships to country, expressed through natural and cultural resource management activities undertaken as part of the Indigenous Protected Areas program, Indigenous Heritage Program and the jointly delivered Department of the Environment and Heritage and Department of Agriculture, Fisheries and Forestry program, the Natural Heritage Trust, provide hands-on management examples which incorporate both Traditional and western knowledge to achieve a range of positive conservation and sustainable agriculture outcomes. This facilitated workshop will explore sustainable natural resource management issues that arise in the Department of Environment and Heritage's land, water, heritage and sea management programs as well as exploring on ground outcomes achieved through partnerships between Indigenous communities and government.

Human Rights and Equal Opportunity Commission
Giving voice to traditional owners and Indigenous community members: the Social Justice Commissioner's survey into economic development on Indigenous land

Convenor: Tom Calma

The Aboriginal and Torres Strait Islander Social Justice Commissioner is surveying organisations that represent traditional owners and/or Indigenous community members to collect their views and the views of Indigenous people regarding their aspirations and intentions for economic development on Indigenous land.  This information will be published in the Native Title Report 2006, which is tabled annually in the Australian Federal Parliament. 

It is important to collect and collate the views of Indigenous stakeholders because to date, Indigenous views have not been officially sought nor represented in the debate about economic development on land.  We aim to analyse survey data and present it qualitatively and quantitatively. While your individual responses will remain confidential, collectively your voices provide an essential addition to other views that have been put forward about this issue.

Many of your organisations will have received this survey already and will have completed or begun the process of providing responses. This session provides an opportunity to finalise or clarify any survey questions with Tom Calma and HREOC staff. For those who have not received the survey, or for those who have not started the survey, copies will be provided at the session.

This session is only open to the following participants of the conference: Native Title Representative Bodies / Native Title Services / Prescribed Bodies Corporate / Land Councils / Community Development Organisations / Community Councils / Shire Councils / and non-government organisations with responsibility for progressing Indigenous interests on land, as well as Indigenous people representing their own views and aspirations. Please come and join us to ensure your contribution will add to the voice of Indigenous peoples.