Quick links

Conference Program

Registration

Download

Call for Papers form

Abstracts and Biographies

KEYNOTE SPEAKERS:

Lars-Anders Baer

Title

'The Sámi people in the outmost North - the people in the twilight zone'

Abstract

The Sàmi are the only indigenous people in Europe. The traditional Sámi territory is divided between four nation stats, namely Norway, Sweden. Finland and Russia. The end of the Second World War and the adoption of the UN Universal Declaration of Human Rights in 1948 represented a turning point for the Sámi people. Racist and colonial values and practice was no longer politically correct and acceptable. Today, the Sámi people in The Nordic countries are, to some extent, recognised as Indigenous people within the individual nations. An example is that Norway nowadays acknowledges that the Norwegian state is founded on the territory of two distinct peoples; the Norwegian and the Sámi people. Yet discrimination exists both openly and structurally that affect both the Sámi people as individuals and as a collective.

The issue of the rights of Indigenous peoples has risen from small avant-garde thematic issues in the end of 1970s to a main stream human rights matter in 21st century. The footprints of this process in the global context. The UN General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples, September 13th 2007. Only four countries voted against, In 2009 Australia announced that they support the adoption of the UN declaration, followed by New Zealand in 2001. The challenges ahead for the international Indigenous movement is now the implementation of the UN Declaration on the rights of Indigenous Peoples here in Australian and elsewhere in the world.

Biography

Lars Anders Baer is a reindeer herder and President of the Swedish Saami Parliament. He is also the Arctic representative at the United Nations Permanent Forum on Indigenous Issues. Lars has been a key figure in the Saami Council since the mid 1970s and has been active in the UN Working Group on Indigenous Populations since 1983. Between 1987 and 1989, when ILO revised Convention No. 107 and replaced it with the Indigenous and Tribal Peoples Convention (No. 169) adopted in June 1989, Mr. Baer was involved in this work both as an NGO-representative and an expert in the governmental delegation. He is also involved in indigenous-related matters at the World Intellectual Property Organization and UNESCO, and has been a research fellow at the Nordic Sámi Institute, Kautokeino, Norway and a visiting researcher at the University of Finnish Lapland in Rovanemi, Finland.

Shana Manson, First Nations Summit

Title

'Reconciling Aboriginal Title and Rights with Asserted Crown Sovereignty, the Modern Day BC Treaty Negotiations Process'

Abstract

In the Supreme Court of Canada’s view, the challenge facing aboriginal and non-aboriginal governments is to “reconcile the pre-existence of aboriginal societies with the {asserted} sovereignty of the Crown.” Good-faith negotiations, with give and take on all sides, are the way the Supreme Court of Canada has suggested this be done. Through years of protests, blockades and litigation, the Governments of Canada, British Columbia and First Nations representatives established a Task Force which produced the “Task Force Report”. This report lays the foundation for the establishment of the BC Treaty Process including the creation of the BC Treaty Commission. What is the BC Treaty process, how does work, what has been produced to date and what does the future hold as well as answering questions about the role of the BC Treaty Commission are some of the items to be discussed in this paper.

Biography

Lahalawuts’aat, Shana Manson was elected to a first term as commissioner at the First Nations Summit in November 2009. She is a member of the Lyackson First Nation. Manson was treaty negotiator for the Hupacasath First Nation for the past two years, where she was also responsible for nation building and constitutional development. As treaty negotiator she participated in the Common Table negotiations and served as technical support during the negotiations on governance and shared decision making. Manson was employed by the Hul’qumi’num Treaty Group for six years as Communications Director and Senior Negotiations Support. She has a Bachelors of Arts in Political Science and a Masters Degree in Indigenous Governance, both from the University of Victoria. Her graduate studies included Dispute Resolution with Gord Sloan and Cross Cultural Mediation with Michelle LeBaron. Manson is also a sessional instructor for the First Nations Studies Department at Vancouver Island University.

SPEAKERS’ ABSTRACTS AND BIOGRAPHICAL NOTES

Kerry Arabena, National Congress of Australia’s First Peoples
Sam Jeffries, National Congress of Australia’s First Peoples

Title

‘The National Congress of Australia’s First Peoples’

Abstract
TBA

Biographies

Positions held include Director of the Regional Governance Unit in the Office of Indigenous Policy Coordination; Executive Director of Sexual Health and Family Planning ACT and Reproductive Healthcare Services in Canberra; Apunipima Cape York Health Council in Queensland; and Pintubi Homelands Health Service in the Northern Territory. Dr. Arabena has also been a representative on a range of local, state and national councils and committees including chairing the International Advisory Committee for Sexual Health and Family Planning Australia, the National Indigenous Australians Sexual Health Committee and as the Chairperson of the ACT Healthpact Health Promotion Board.

Sam Jeffries, Co-Chair of the National Congress of Australia’s First Peoples, is a proud member of the Murrawari nation from north-west NSW and southern QLD and was born and raised in Brewarrina NSW. Active in Indigenous Affairs for more than 25 years, Mr Jeffries has worked in the cotton, hotel and meat industries, in the public service and in a range of community organisations including Barriekneal Housing and the Community Development Employment Program in Lightning Ridge. Over the last six years as the Chairperson of Murdi Paaki Regional Assembly in Western NSW he has been a strong advocate for Aboriginal self-determination, leadership, land rights, community planning and development and better health services.

Mr Jeffries has an extensive history of holding publicly elected positions and these include - Councillor on the Walgett Shire Council and five consecutive terms as an ATSIC Regional Councillor and three as Chairperson. Other commitments include appointment to a range of national, state and local committees and bodies: Deputy Chair of the Indigenous Land Corporation, Chair of the National Centre for Indigenous Excellence, Chair National Aboriginal Sports Corporation, member of the NSW Aboriginal Trust Fund Repayment Scheme, Western Catchment Management Authority of NSW. Previous roles include Board Member of the NSW Aboriginal Housing Office, Chair of the National Forum of ATSIC Regional Chairpersons and Chair Barwon Darling Alliance, an alliance between Murdi Paaki Regional Assembly and five Local Councils.

Graham Atkinson, Victorian Traditional Owner Land Justice Group

Gary Howell, Department of Sustainability and Environment

Chris Marshall, Native Title Services Victoria

Keryn Negri, Department of Justice

Title

'Implementing the Victorian Native Title Settlement Framework – 12 months on…'

Abstract

At the AIATSIS 2009 Native Title Conference, the Victorian Attorney General, the Hon. Rob Hulls, announced that the Victorian Native Title Settlement Framework would become the preferred method for negotiating native title settlements in Victoria. The Framework would provide a comprehensive alternative pathway for resolving native title claims out of Court.

Professor Mick Dodson chaired the Native Title Settlement Framework Steering Committee, which included representatives of Victoria’s traditional owners. The Victorian Government’s announcement in June 2009 endorsed the recommendations in the Steering Committee’s report. The task ahead was to implement these recommendations and develop detailed policies and legislation to give effect to the Framework.

Since this landmark announcement, the Victorian Government has maintained its commitment to continue to develop the Framework in close collaboration with Victoria’s traditional owners. It has also required a whole of Government approach, including ongoing involvement of the Commonwealth. This has presented a number of challenges but partnerships have remained strong, as is the commitment to the Framework.

The panel discussion will discuss the processes and protocols that have been put in place to implement the Framework and to reflect on the learnings and achievements over the past 12 months.

The development of policy, legislation, template agreements and two key Framework negotiations are all occurring concurrently within tight timeframes. This includes the development of key policies such as an alternative future acts regime, a new form of aboriginal title to allow for handback and joint management, support for claimant groups to resolve intra and inter indigenous disputes, and a claims resolution strategic plan that would see native title resolved over 90% of Crown land in Victoria in ten years.

Biographies

The panel includes:
Graham Atkinson, Co-Chair of the Victorian Traditional Owner Land Justice Group, Dja Dja Wurrung Elder
Chris Marshall, CEO, Native Title Services Victoria
Gary Howell, Director Parks and Indigenous Land Policy, Department of Sustainability and Environment
Keryn Negri, Manager, Native Title Unit, Department of Justice

John Avery, Dept Environment, Water Heritage and the Arts

Nolan Hunter, Kimberley Land Council & National Native Title Council

Megan Brayne, Northern Land Council

Title

'Proposed Reforms to the Commonwealth Indigenous heritage laws'

Abstract

In August 2009 the Commonwealth Government released a set of proposals to reform its Indigenous heritage law, the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). The panel will discuss how the following reforms could interact with native title.

The proposed reforms would enable the Commonwealth to accredit states whose laws as a whole meet a set of 20 main standards. The standards require effective offences and penalties; acknowledge traditional custodians as the source of knowledge of traditional laws and customs; encourage developers to consult early about protecting traditional areas; entitle traditional custodians to be fully involved in decisions and to be able to seek merits and procedural reviews, and include some administrative performance measures. Once a state is accredited, the Commonwealth could no longer override the state’s development approvals but would monitor the effectiveness of the accreditation arrangements by periodical, independent reviews.

Two other proposals directly affect native title. These would apply to land where native title has been determined or land subject to a registered ILUA – but would not apply in an accredited state. First, if there was need to ask the Commonwealth to provide additional protection for traditional areas on native title land (and on ALRA land) the PBC or other body administering communal native title would have to approve the application. Secondly, the Commonwealth minister would not be able to stop a future act approved under a registered ILUA.

Biographies

John Avery is an anthropologist and public servant with extensive experience in land rights and heritage policies, who is assisting the Australian Government with the proposed reforms to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Nolan Hunter, Born in Broome, is a Bardi man with strong links to his people and culture along the Dampier Peninsula. Nolan has a professional background in strategic operations and staff management which spans more than 20 years. During this time he has been employed as WA State Regional Manager for Indigenous Community Volunteers in WA, NT & SA and Eastern States.

Nolan has also had extensive Commonwealth Public Service experience over a total of 14 years with the Department for Aboriginal Affairs, Aboriginal Development Corporation, Department of Social Services and Dept Immigration in the Kimberley and Northern Territory. Through working with the Australian Consulate in Manchester and the Australian Embassy in Vienna, Moscow, Edinburgh and Dublin, Nolan experienced the many rich and diverse cultures found overseas. Through his experiences Nolan discovered a greater appreciation and understanding of his own culture and tradition.

Nolan has also worked previously as Director of the Mamabulanjin Aboriginal Corporation in Broome for three and a half years and is the Deputy Director of the Kimberley Land Council and newly appointed Chairman of the National Native Title Council (NNTC). He is heavily involved in the fight for native title and is passionate about Aboriginal rights and interests in relation to water.

Megan Brayne is a lawyer currently working for the Northern Land Council. She has previously worked for the Torres Strait Regional Authority on Thursday Island, Allens Arthur Robinson in Sydney and the Department of Foreign Affairs in Copenhagen. Megan has a B.Sc and LLB from UNSW and an LLM from the University of Dundee.

Manuhuia Barcham

Title

'Native title - post-settlement: what do we do with all of these rights now we’ve got them?'

Abstract

In Australia, as in many other settler countries around the world, the last thirty years have been taken up with advancing issues of indigenous rights. The majority of this work in Australia has focused on one major goal – achieving native title for Aboriginal and Torres Strait Islander groups. Little work, in comparison, has focused on what groups can do with these rights post-settlement. How, for example, once native title has been determined and Federal funding has ceased, are Aboriginal and Torres Strait Islander groups meant to develop the resources that they have obtained through the settlement process? What function do RNTBC’s play in this process, if any? By looking at Australian, Canadian, New Zealand and US cases this paper will, through addressing a range of questions like this, explore how the post-settlement environment may play out in Australia and may provide a more stable platform for the development of Aboriginal and Torres Strait Islander interests over the coming years.

Biography

Manuhuia Barcham grew up in a marae (traditional Maori village) on the East Coast of the North Island of New Zealand. He is a member of the following Iwi (tribes): Ngati Kahungunu, Te Arawa and Ngati Tuwharetoa but grew up in Ngati Kahungunu territory. After working in universities in Australia and New Zealand he took up the post of the foundation Director of the Centre for Indigenous Governance and Development (CIGAD) at Massey University, New Zealand in 2005. In 2008 he left the University sector to take up a position as Director of Synexe – an international consulting firm. Synexe has bases in Australia, New Zealand and Canada and has a strong focus in its work on indigenous issues and engagement with indigenous communities.

Toni Bauman, AIATSIS

Title

'Serendipity is not Enough!!! State and Territory Native Title Connection Processes and the presumption of transformation'

Abstract

This presentation discusses issues in arriving at flexible and non-technical approaches to connection processes. It highlights a number of issues of procedural fairness which can work against co-operative and collaborative approaches and the generation of goodwill, all of which are essential if connection assessment processes are to be streamlined. Whilst a number of States and Territories have productive working relationships with NTRBs and NTSPs, such relationships are often a matter of a serendipitous combination of highly variable and often subjective and political factors.

The paper concludes that, in the interests of procedural fairness and justice, connection assessment should take place within a framework of national standards which sets out process parameters and principles including avenues of appeal and complaint, conflict of interest procedures, options for independent management and arbitration of assessment processes and minimum thresholds of proof. It also argues that, as a matter of beneficial thinking, in more accurately reflecting the reality of claimants, a ‘presumption of transformation’ should replace the current emphasis on ‘continuity’ and ‘change’, both of which speak of deficit and of ‘lack’. This would significantly reduce the time involved in assessing connection in State and Territory assessment processes and in litigation because it is the negotiability of meaning which is the only ‘continuity’ and change, the only constant.

Biography

Toni Bauman is a Research Fellow and an anthropologist, mediator, facilitator and trainer. She has over thirty years experience in a wide range of Indigenous matters including: land and native title claims; agreement-making; governance including decision-making and dispute management processes; cultural heritage; negotiation and partnering; National Parks and Indigenous Protected Areas and joint management; government policy; art and craft; evaluation; social impact; feasibility studies and tourism. She has worked as a staff member and consultant for a range of organisations such as Land Councils, Native Title Representative Bodies, the Aboriginal and Torres Strait Islander Commission, the Aboriginal Areas Protection Authority in Darwin; the Victorian Aboriginal Heritage Council and the NSW Partnership Community Program. In the 1980s Toni established Mimi Aboriginal Arts and Crafts in Katherine. Between 2003 and 2006, Toni ran the Indigenous Facilitation and Mediation Project in the NTRU; and in 2008, advised the Federal Court on its Indigenous dispute resolution and conflict management case study project. She also undertakes a range of speaking engagements and facilitates a wide range of workshops.

Toni Bauman, AIATSIS

Chris Haynes, Consultant

Title

'Joint Management across States and Territories: towards a national framework'

Abstract

The NTRU has recently commissioned a paper providing a national overview of joint management and native title arrangements in the States and Territories. This session is aimed at contributing to the draft paper. NTRB staff from each of the states and Territories will discuss issues they have in relation to what is being achieved out of joint management and native title in their various jurisdictions and then work towards identifying the best principles and practices that might be included in any national approach or framework. The session will be interactive and participants will work in small groups before joining the plenary to arrive at a set of recommended national principles and practices.

Biographies

Chris Haynes has recently been awarded a PhD from the School for Social and Policy Research, Charles Darwin University titled ‘Defined by contradiction: the social construction of joint management in Kakadu National Park’. He was a former Manager of the Kakadu Park and joined the Australian National Parks and Wildlife Service as a project officer in 1978. He has also held related senior positions in Western Australia.

Michael Bennett, NTSCORP

Title

'Where does history fit?'

Abstract

Native title research in NSW relies heavily on historical documents. The collective memory of claimants rarely extends into the early 19th century. Documentation is required, for example, to identify apical ancestors and provide evidence of cultural continuity. But historians are sometimes asked to only comment on these issues in a general matter. Detailed research, however, can produce significant amounts of information about individuals and their families who lived in the 19th century and lead to the construction of extensive genealogies. This specific knowledge can be vital in determining questions about continuity of occupation and of law and custom. Historical consultants working in native title need to make sure that they are given adequate briefs which include detailed genealogical information allowing targeted research and analysis. The cheaper alternative for rep bodies is to bring historians on-staff and get them involved with research projects from the beginning. As documentary evidence grows, the in-house historian will have access to this resource allowing more effective reports to be written.

Anthony Beven, Office of the Registrar of Indigenous Corporations

Title

'Strengthening governance in PBCs'

Abstract

The Registrar of Indigenous Corporations will speak about strengthening governance of native title bodies and effectively addressing disputes within Aboriginal and Torres Strait Islander corporations.

Recently-commissioned research by the Registrar’s office reveals that most Aboriginal and Torres Strait Islander corporations fail because of poor management or poor corporate governance. This should come as no surprise – the same reasons for business failure apply in the mainstream corporate world. Disputes are the third main reason for corporate failure and frequently occur in relation to native title. The Registrar’s office is currently running a post determination native title dispute resolution pilot. The Registrar regulates 2300 corporations that are registered under the CATSI Act. Of these about 70 are RNTBCs.

Biography

Anthony Beven is the Registrar of Indigenous Corporations. The Registrar is an independent statutory office holder appointed by the Minister for Indigenous Affairs under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). The Registrar has powers to intervene that are similar to those exercised by the Australian Securities and Investments Commission (ASIC). Anthony Beven was appointed as Registrar on 1 October 2007. Previously he was the South Australian Regional Commissioner for ASIC. He worked with ASIC in a number of roles, including spending 10 years in the Northern Territory. From 1995–99 he was in Papua New Guinea (PNG) as the Registrar of Companies and the Registrar of Business Groups (the PNG equivalent of the Registrar of Indigenous Corporations).

Damien Bidjara-Barnes, NTSCorp (Commentator)

Peter Jeffries, Yamatji Marlpa Aboriginal Corporation

Title

'Governance in the Native Title Context: Current work of the Joint Working Group on Indigenous Land Settlements'

Abstract

The Joint Working Group on Indigenous Land Settlements (JWILS) is an intergovernmental body established by Native Title Ministers in 2008. JWILS’ objective is to develop innovative policy options for progressing broader and/or regional land settlements that complement the Native Title Act 1993 (Cth) and the work of the Federal Court of Australia. As part of its 2009-10 body of work, JWILS hosted the Governance Workshop: Sustainable Benefits Management in Native Title Settlements in April 2010. The workshop brought together Commonwealth, State and Territory governments, NTRB and PBC representatives, academia and industry; to consider contemporary governance issues and challenges and develop recommendations for consideration by JWILS and Ministers. This panel discussion will draw together the key elements and outcomes of the workshop and consider current opportunities and future directions.

Biography:

Damien Bidjara-Barnes is currently employed as the General Counsel for NTSCorp Ltd. Damien is a Bidjara descendant from Central Queensland. His family is from Woorabinda, Rockhampton and Sydney. Damien obtained a Bachelor of Engineering from Sydney University in 1995 and a Bachelor of Law from the University of NSW in 2000. He has five years experience in the engineering profession with Local and State Government and eleven years experience in the legal profession with Mallesons Stephen Jaques, DLA Phillips Fox and NTSCorp. Damien was the recipient of the National Australia Bank Indigenous Scholarship and completed his Executive MBA at Melbourne Business School in 2009. He has been able to combine his engineering, legal and managerial experience in the areas of local government, planning, construction, mining, energy and resources and native title. Damien has been on the boards of several Indigenous Australian organisations such as Bangarra, the Australian Indigenous Leadership Centre, Ngalaya Indigenous Lawyers Association.

Peter Jeffries is a member of the Puntu Kunti Kurrama Pinikura (PKKP) language group and has been involved in the lore and culture of the Pilbara and Kimberley regions of Western Australia for over twenty years. Since 2007, Peter has been the Pilbara Regional Manager of Yamatji Marlpa Aboriginal Corporation, which represents 14 native title claim groups in the region.

Over the last twenty years Peter has worked in areas that have allowed him to gain a close understanding of the complex issues affecting his community. This includes working as an Aboriginal Aid for the WA Police Force from 1988 to 1995 in the towns of Marble Bar, Port Hedland and Roebourne, and serving as an Emergency Service Officer for Rio Tinto from 1995 to 2006.

Robert Blowes

Title

'Some recent legal and practice developments in native title'

Abstract

The content of this presentation will not be finalised until shortly before the conference as some significant developments may (or may not) occur inter alia in relation to the Torres Strait Regional Seas Claim and in relation to a question of law referred to the Full Court of the Federal Court by the NNTT in relation to the Martu claim. In any event those matters will be mentioned and some of the main issues and their implications identified. Brief analysis of the Full Court decision in Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2010] FCAFC 26 will be provided and the respective determinations of the primary judge and the Full Court contrasted. Recent amendments to the Native Title Act and reform proposals that might affect processes for the resolution of native title claims will be considered.

Biography

Robert Blowes SC was admitted to practice law in 1977. He went to the bar in 1987 and took silk in 2004. He was employed as a solicitor at the Northern Land Council from 1982-1987, and acted during and since that time on numerous Aboriginal land claims under the Aboriginal Land Rights (Northern Territory) Act 1976. Since 1987, he has specialised, and practiced almost exclusively, in matters involving the rights of Aboriginal peoples and Torres Strait Islanders. He has had extensive involvement in negotiations, mediation and litigation concerning many native title claims and many agreements involving indigenous people and their traditional lands and waters. He is an accredited mediator under the Australian National Mediator Standards.

James Bon, Mer Dowar Waier Corporation

Aven Noah, Mer Gedkem Le

Doug Passi, Mer Gedkem Le

Title

'From Freezer to Freedom – A short history of infrastructure on Murray Island post Mabo'

Abstract

Mer Gedkem Le is the oldest Prescribed Body Corporate in the country. Before its incorporation in 1999, the Island Council on Murray drew up a plan to build a community freezer. The Meriam Native Title holders decided they should apply to manage the freezer, since it was being built on native title land. They worked out all the figures, had plans drawn up and had the support of the Torres Strait Regional Authority and the Council. A meeting was held in Cairns to discuss the future of the project. It was then the native title holders were dealt something of a blow. Before they could do anything they had to set up a Native Title Body Corporate.

A meeting was held in Townsville for all Meriam people, with representatives from all across the country At first the people couldn’t understand why they had to set up this Corporation –they’d fought so hard and for so long for their land. Wasn’t that enough? People were angry and didn’t want to do it. Then reason came in the form of Father Tabo, who stood up and spoke on behalf of Meriam Elders. He made the people understand that if they wanted development on Murray then they had to set up the Corporation. And so, Mer Gedkem Le was born.

The meetings went on for 18 months to set up the PBC and draw up the Rulebook. Then finally in 1999 the process was complete. Since that time the PBC has been involved in many agreements and ILUAs for infrastructure over native title land. The PBC has come a long way and recently executed an ILUA for a new school which will see the PBC provided with much needed equipment such as computers and photocopiers. But no agreement is ever easy for the Meriam people, and infrastructure is often held up by land disputes, or proponents unwilling to compensate landowners.

The aspiration for Mer Gedkem Le is the development of enterprise and eco-tourism, so that all Meriam people into the future may reap the rewards of the native title their elders fought so hard for. But for now, some ten years on, the PBC will focus on the negotiation of the renewal of the freezer lease. The same freezer which started it all and which one day Mer Gedkem Le hopes to control.

Biographies

James Bon is one of eight directors for Mer Gedkem Le and is the representative for the Geurlam tribe. Mr Bon has been instrumental in the development of the PBC since day one, and works voluntarily, in addition to his full time job as Quarantine Officer for Murray Island. Mr Bon has been heavily involved in fisheries, and was the former fisheries officer for Council. He is now the Chair for Mer Dowar Waier Corporation, which is the commercial arm of the PBC.

Aven Noah was recently appointed the Contact Person for Mer Gedkem Le, and divides his time between his traditional home at Murray Island, and Thursday Island, where he is General Manager and popular morning presenter on Torres Strait radio channel 4MW. Mr Noah has been instrumental in raising the profile of PBCs in the Torres Strait through his radio programme, with PBC Chairs and members being regular guests and callers in to his programme. Mr Noah was recently responsible for a review of Mer Gedkem Le’s Rulebook, particularly in relation to the establishment of a Tribal Council of Elders. Mr Noah is a member of the Komet tribe.

Doug Passi is the Chair for the Mer Gedkem Le (TSI) Corporation RNTBC, the Prescribed Body Corporate responsible for Murray Island. This is Mr Passi’s second term as PBC Chair. Mr Passi is a member of the Meuram tribe, and has been involved with the PBC since its inception. Mr Passi, like all members of Mer Gedkem Le, works voluntarily, and fights tirelessly for greater rights for Meriam people, particularly in obtaining better rights and benefits to the community through the negotiation of ILUAs. Mr Passi has played a role in all key infrastructure projects on Murray Island, since the handing down of the Mabo decision.

Libby Bunyan, Dept Families Housing, Communities and Indigenous Affairs

Title

'Proposed PBC regulations'

Abstract

The number of Registered Native Title Bodies Corporate (RNTBCs) has been growing steadily in the last few years: from 1 in 2001, to 48 in 2006 to nearly 70 currently. Increasingly, native title representative bodies (NTRBs), Governments, third parties and native title holders themselves are being required to consider post-determination issues that involve RNTBCs.

Unlike the determination and agreement-making process, post settlement native title management is regulated relatively lightly. The original regulations envisaged single corporations representing each native title holding group, with the native title managed either under a statutory trust or as agent. But the development of native title has arguably been more complex than anticipated, and the current regulatory regime requires addressing.

The Commonwealth Government is finalising amendments to the Native Title (Prescribed Bodies Corporate) Regulations 1999 that address decision making within RNTBCs, replacement of RNTBCs, and recovery of costs by RNTBCs. This paper canvasses the content of the regulations and their potential impact on native title groups. It replies to some of the issues raised in recent consultations – and makes some concluding remarks about other issues for the post-settlement native title landscape.

Biography:

Libby Bunyan works on native title policy issues for the Department of Families Housing Community Services and Indigenous Affairs. She has over 15 years experience as a lawyer in Government, non-Government and private practice. She first worked on native title issues when working for the Senate Committee considering the 1998 amendments to the Native Title Act 1993. Libby has progressed native title determinations and future act agreement-making as Principal Legal Officer with the Commonwealth Attorney-General’s Department, Cape York Land Council and Native Title Services Victoria. In the latter role, she was part of the team that developed and negotiated the Victorian Native Title Settlement Framework. She has a Masters in Law from London University

Marcelle Burns

Title

'Power to the People: A new view of society in native title law'

Abstract

The need to prove the existence of an Indigenous society united by a body of law and customs from the time of the British colonisation to the present day has been identified as a significant hurdle for many native title claimants. The difficulties this requirement presents for the recognition of native title have led to calls for the reform of native title law by the former Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma. Whilst reform of the requirements of proof for native title are urgently needed, the recent decision of the Federal Court (Full Court) in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] FACFC 26 suggests that courts may have taken a more relaxed view of what constitutes a society for the purposes of native title – one that accords with Indigenous self-representations of community and people. This paper will discuss the Federal Courts’ decision and explore some of its implications for the realisation of native title rights.

Biography

Marcelle Burns is an Associate Lecturer in the School of Law at Queensland University of Technology. As a Kamilaroi women and descendant of the stolen generations she has a strong interest in Indigenous legal and social justice issues. As a legal practitioner, Marcelle has worked with the Aboriginal Legal Service NSW/ACT Limited, the NSW Legal Aid Commission and in private practice. She is currently undertaking postgraduate studies in native title and critical race theory. Her research interests include human rights, the stolen generations, native title, Indigenous identity, critical race theory and whiteness studies.

Nick Burrage, Australian Human Rights Commission

Jackie Hartley, Australian Human Rights Commission

Title

'Embracing the UN Declaration on the Rights of Indigenous Peoples'

Abstract

The Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda, has called on all people in Australia to embrace the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) and use it to improve programs, policy and legislative development in Australia. In this presentation, we will report on the Australian Human Rights Commission’s activities to promote the Declaration and how our work is informed by the minimum standards that the Declaration affirms. We will provide examples of how the Declaration is being used across Australia to advocate for the rights of Aboriginal and Torres Strait Islander peoples to their lands, territories and resources. We will also consider opportunities for further implementing the Declaration in Australia, with a specific focus on native title law and policy.

Biographies

Nick Burrage is a Policy and Research Officer in the Social Justice Unit of the Australian Human Rights Commission. He previously worked as an Investigation/Conciliation Officer in the Complaint Handling Section’s race discrimination team with the Australian Human Rights Commission, where he conciliated complaints between parties under the Racial Discrimination Act and other federal discrimination laws. He has also worked as a Policy Officer for the federal Office of the Privacy Commissioner focusing on the privacy issues in the health and law enforcement sectors. He has also been a solicitor in private practice. He holds a Bachelor of Arts and a Bachelor of Laws from Macquarie University and has studied at the International School for Holocaust Studies, Yad Vashem Institute, Jerusalem.

Jackie Hartley is a Policy and Research Officer in the Social Justice Unit of the Australian Human Rights Commission. She previously worked as a Policy Analyst with the First Nations Summit, Vancouver, Canada. She holds a Master of Laws from the Indigenous Peoples Law and Policy Program, University of Arizona. She also holds a Bachelor of Arts (Hons) and a Bachelor of Laws from the University of New South Wales, where she obtained the University Medal in History. She was awarded the Fulbright Postgraduate Australian Alumni (WG Walker) Award and the Lionel Murphy Postgraduate Scholarship for 2006. Jackie lectures in Public Law at the University of New South Wales and has also taught Australian history. She is a member of the Editorial Panel of the Australian Indigenous Law Review and is co-editor of Realizing the UN Declaration on the Rights of Indigenous Peoples: Triumph, Hope, and Action (Purich Publishing, forthcoming).

Blair Comley, Department of Climate Change and Energy Efficiency

Title

'Indigenous communities and carbon market opportunities'

Abstract

The Department of Climate Change and Energy Efficiency will hold a workshop to explore the opportunities for Indigenous participation in carbon economies. The workshop will inform participants about potential carbon market opportunities for Indigenous land managers through the Carbon Pollution Reduction Scheme and voluntary markets. It will also identify issues that would need to be considered in deciding whether to do a carbon market project. The format will use formal presentations with time for questions and discussion. Content can be adapted to suit time allocated – a series of full day workshops on the topic has been run during the last year across Australia. Broadly content will cover:

Climate change and carbon markets

Introduction to climate change
The Carbon Pollution Reduction Scheme (CPRS)
Offset credits in the CPRS
Voluntary markets – the National Carbon Offset Standard
CPRS reforestation credits

Carbon market opportunities – offset credits

What are the opportunities for Indigenous people
What are the rules? How are credits generated?
Development and approval of offset methodologies
Carbon rights and Indigenous land tenure
What restrictions could result from a project

Practical considerations in assessing carbon market opportunities

Planning and managing projects, possible business models, considering costs and benefits
Creating and selling credits
Carbon measurement, accounting and reporting arrangements, including demonstration of National Carbon Accounting Toolbox
What the Government is doing to assist Indigenous people participate in carbon markets?

Biography

Blair Comley is a Deputy Secretary in the Department of Climate Change. Blair has executive oversight for the design and implementation of the emissions trading system, international climate change policy, adaptation policy and climate change science policy.

Previously Blair held a range of senior positions in the Treasury including as General Manager of the Business Tax Division, Indirect Tax Division, Macroeconomic Policy Division and the Debt Management Review Team. Blair also represented Australia for three years on economic matters at the OECD and was the Acting Chief Executive Officer of the Australian Office of Financial Management with responsibility for managing the Australian Government’s debt and related derivative portfolio.

Blair previously worked on competition policy, environment policy and welfare reform. Before joining the Treasury in 1994, Blair worked at the Industry Commission and was a lecturer in the Department of Economics at Monash University.

Blair holds a Bachelor of Economics (Honours) and a Master of Economics from Monash University and a Graduate Diploma in Legal Studies from the Australian National University.

Valerie Cooms, Quandamooka Native Title Claim Group

Tony McAvoy, Barrister

Title

'Are we there yet? A glimpse of Quandamooka peoples' journey through the Native Title Process'

Abstract

The Native Title process created much upheaval with the Quandamooka families. By utilising the traditional decision making processes, Quandamooka people were able to resolve issues, move with the Native Title Determination Application and continue to do the business. This paper examines this journey over the years of the claim and how the Quandamooka peoples use these processes for their governance structures and business.

Biographies

Valerie Cooms belongs to the Nunukul people of North Stradbroke Island in Queensland. Valerie has worked for many years in the Australian Public Service and more recently as the CEO of Queensland South Native Title Services. Valerie is currently completing her PhD at the Queensland University of Technology. Valerie has 3 children and 6 grandchildren and is currently a Visiting Research Fellow at AIATSIS.

Tony McAvoy was born and bred in Brisbane, and his traditional country is the Clermont area of Central Queensland. In 1983, Tony commenced work as an articled clerk with a Brisbane law firm. In 1988, Tony graduated in law from QUT and was admitted as a solicitor. He practised as a solicitor in general practice until 1992 when he went overseas. Returning to Brisbane in early 1994 he worked as a solicitor at the Brisbane Aboriginal Legal Service. In late 1994 he went to Sydney to work for the Department of Aboriginal Affairs. In 2000 he was admitted as a Barrister in NSW. He currently works in the areas of native title and land rights and also specialises in resource law, criminal law, human rights and planning law.

Vince Coulthard, Adnyamathanha Traditional Lands Association

Title

'Native Title – our way: Keeping culture strong through the Native Title process'

Abstract

Vince Coulthard, Chairperson of the Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC, will share the journey of his people through the Native Title process that lead to them winning consent determination over some 41000 square kilometers of their land in 2009. This was the very first claim to be lodged in South Australia and the largest to be granted through consent determination.He will explain their journey and how many of the issues were resolved by returning to ancient cultural structure that had worked for Adnyamathanha people for centuries.

Biography

Vince Coulthard is an Adnyamathanha man who grew up on Nepabunna Mission in the Northern Flinders Ranges in South Australia. From an early age he stood up against the oppression of the Missionaries and he knew that his people were entitled to a better life than was being offered on the Mission. He watched as his mother was refused service at the shop at Nepabunna for talking to his aunties in their own language and he knew it was wrong and from that day on he has stood up for the rights of Aboriginal people, not only Adnyamathanha people but all Aboriginal people.

Vince has been the Chairperson of the Adnyamathanha Traditional Lands Association, for the past 13 years, having been annually elected by his people. At a Federal Court hearing, on country in 2009, the Adnyamathanha people, lead by Vince, were granted consent determination over much of their traditional lands.

Judge Craig Coxhead, Waitaingi Tribunal

Judge Layne Harvey, Waitaingi Tribunal

Title

"The Foreshore and Seabed Act 2004 - Where to now?"

Abstract

The key objects of the 2004 Act were to:

vest public foreshore and seabed in the Crown;
protect public rights of access and navigation;
abolish the jurisdiction of the High Court and Mäori Land Court to investigate Mäori claims to the foreshore and seabed;
enable the High Court to issue territorial customary rights orders/customary rights orders, and
enable the Mäori Land Court to issue customary rights orders.

Since its enactment the controversial Foreshore and Seabed Act has continued to attract much political attention but little judicial consideration. Even though at least two major coastal tribes have negotiated settlements under the Act, five years on there has yet to be a decision from the Mäori Land Court or High Court flowing from an application under the Act.

A Ministerial Review was undertaken in 2009 and recommended that the Act should be repealed, and the process of balancing Mäori property rights in the foreshore and seabed with public rights and public expectations must be started again.

In response the New Zealand government released a consultation document “Reviewing the Foreshore and Seabed Act – Have your Say” in March 2010 outlining proposals for public consideration. Upon its release the government’s consultation document has unsurprisingly attracted much comment.

This presentation examines the government’s proposal, compares this with the existing Act, and reviews the legal and non-legal implications of the various options. We also consider the alternatives generating discussion.

Biographies

Craig Coxhead Ngāti Makino, Ngāti Pikiao, Ngāti Awa, Ngāti Maru.

Judge Coxhead graduated from Waikato Law School with LLB Honours in 1994 was admitted to the bar in 1995 and completed a LLM in 2000. Judge Coxhead worked in private practice with McCaw Lewis Chapman before becoming a lecturer at the University of Waikato School of Law in 1999. He was appointed to the Maori Land Court bench in 2008 and is a resident judge in Wellington. He is a former president of Te Hunga Roia Maori o Aotearoa – the New Zealand Maori Law Society. Judge Coxhead attended the 2008 and 2009 Native Title Conferences.

Layne Harvey Ngāti Awa, Rongowhakaata, Te Aitanga a Māhaki, Te Whānau a Apanui, Ngāti Kahungunu.

Judge Harvey was appointed to the Maori Land Court bench in October 2002. He is the resident judge in the Aotea District. Formerly, he practised for 11 years as a lawyer with Auckland firms Simpson Grierson, and Walters Williams & Co where he became a partner. His work included acting for iwi and hapu in Waitangi Tribunal claims and settlement negotiations, providing general advice to Maori organisations, and working in trust law and iwi legal and post settlement governance structures. Judge Harvey has been a regular attendee at the Native Title Conference and presented a paper on “The Foreshore and Seabed” in 2007.

Lee Darroch, Gurranyin Arts

Vicki Couzens, Hissing Swan Arts

Title

'Connecting to Country through art'

Abstract

What we would like to speak about is our experience of powerfully connecting to Country & our traditional symbols that relate to both people & Country through reviving & continuing the cultural tradition of possum skin cloak making in the South East. We were part of a group of four women artists from Victoria who sought permission from our Councils of Elders in 1999 to remake the very fragile, traditional possum skin cloaks from the 1800’s held in the Melbourne Museum.

Possum skin cloaks are one of most scared artefacts from the South East. There are only seven historic cloaks from the 1800’s left in the world. Two are in Australia & they are both in the Bunjilaka at the Melbourne Museum.

Vicki Couzens & her sister Debra Couzens remade the Lake Condah cloak from 1872 & Treahna Hamm & Lee Darroch remade the Yorta Yorta cloaks from 1853. When we recreated these cloaks in 2000 for our children’s children to see there was no recorded meaning of the cloak symbols. The process we underwent taught us the meaning of key symbols of the cloaks that relate to our Country. Remaking the cloaks strengthens us & we believe strengthens our County.
In 2006 we worked across 37 of the 38 language groups of Victoria teaching possum skin cloak making. The 37 groups used the cloaks as a vehicle for telling Creation stories, family stories, stories of key Dreamings & sites. 37 Elders wore the possum skin cloak together in the Opening Ceremony of the Commonwealth game to show the world that we have no lost our Culture or our connection to Country in the South. We held a special cultural ceremony prior tothe Opening Ceremony with Elders predforming a smiking ceremony & speaking vey emotionally about the cloak making journey.

The Commonwealth Games possim skin cloaks are now largely back on Country & they are used for Welcome Baby to Country ceremonies, for christenings, for Opening & Launches of Koori services, cultural cereomnies & sometimes they are draped over the coffin at our funerals.
We continue to teach cloak making in Victoria in schools with Koori children, in Aboriginal services & art programs. We are now working to try to teach cloak making to the 5 or more communities who have historic cloaks in overseas Museums. Our vision is to stage a large international exhibition tour to the overseas Museum with cloaks & Te Papa Museum in New Zealand to pay due & proper respect to the Maori people for our possum skins come from New Zealand.

Biographies

Lee Darroch is a Yorta Yorta woman, who has lived on Raymond Island in the Gippsland lakes with her partner & two children for the past 23 years. Her artwork is inspired by the need to continue cultural, spiritual & artistic practices. Lee hopes to recreate, reconnect & reaffirm her culture through her artwork. She practices a number of art forms including carpet design, design, possum skin cloak –making, pastel drawing, painting, basket weaving, textiles, large-scale public art installations &sculptures.

Lee was been the Koori Arts Worker, practicing community arts at East Gippsland Aboriginal Arts Corporation for ten years. She currently runs her own business Gurranyin Arts & a board member of Banmirra Arts (a not for profit incorporated body). Lee feels guided in her artwork by the Old People who have gone before us & by her Elders today. Lee hopes to leave behind a rich legacy for her children & other children to follow, so that the Dreaming will continue in an unbroken line.

Vicki Couzens is a Keerray Wurrong woman from the Western Districts of Victoria. Vicki says “My work is inspired by my culture. It is my passion for the reclamation, regeneration and revitalisation of our cultural heritage knowledge and practices that drives me and informs the work that I do. I have a partner, five wonderful daughters and six grandchildren. In late 1999 we returned to my birthplace, my home Country - Warrnambool, from living in East Gippsland for the previous ten years. Art has been an integral part of my life, but until about 15 years ago I was more of a spectator than a participant. Although during my teens and early twenties, I made sporadic ventures into the Arts, it wasn’t until my early 30s that I began working seriously exhibiting and performing.

In my family we have a strong connection to the Arts. My grandfather, Nicholas Couzens was an exceptional artist, painting portraits, nudes and landscapes. I believe he worked primarily in oils in the early to mid 1900’s in and around Port Campbell, Peterborough area. Uncle Stan Couzens became well known in his later years, taking up painting after his retirement. Aunty Zelda was a basketweaver extrordinaire. Several of my cousins and their children are also practising artists. My own children have all participated in arts programs/festivals and are artists in their own right. It is very interesting and exciting having so many of the family working in the arts. We recently had our collective family exhibition at Melbourne Museum showcasing works from four generations of family artists.”

Bryn Davies, Department of Justice - Victoria

Title

'Can native title (still) offer a platform for self-determination and human rights?'

Abstract

“Mabo establishes a fundamental truth and lays the basis for justice”. Former Prime Minister Paul Keating in his Redfern address, 10 December 1992.

The Mabo decision brought common law recognition to the continuing laws and customs of Aboriginal societies in Australia. A profound decision in principle, it established a basic legal interface between Indigenous and non-Indigenous Australians (Young, 2008). However, the subsequent implementation through statute, litigation, policy and agreement it has yielded mixed results. The successes that have been achieved – largely in recognition of title, access to land and compensation – rely on the narrow acknowledgement of customary title, rather than the delivery of justice and recognition of broader rights.

This paper contends that there are principles inherent in the Mabo decision, supported by international law, which point to recognition of fundamental rights, not just title. These include self-determination and the basis for relations between Indigenous societies and Government. The paper reflects on the practice of native title since 1993 and considers whether the law and politics of native title is capable of giving effect to the broader promise of Mabo. In doing so, I set out conditions that need to be in place for native title to offer a platform for broader human rights, including self-determination, and consider some alternative mechanisms should native title continue to fail to deliver this promise. The paper also identifies opportunities for further research into the interaction between native title and indigenous rights, including in those parts of Australia most severely affected by European settlement.

Biography

Bryn Davies is a Senior Policy Officer with the Native Title Unit at the Department of Justice in Victoria. Prior to working at the Department of Justice, Bryn was a Senior Advisor to the Victorian Aboriginal Heritage Council, the first all-Traditional Owner statewide decision-making body established under statute in Australia. Bryn’s background is in heritage and environmental management, in particular understanding the cultural values of natural areas to Indigenous and non-Indigenous Australians. Bryn is currently completing a Masters degree in International Relations at Deakin University, focussing on human rights, governance and inter- and intra-state relations. This paper is a product of his academic studies and is not the view of the Victorian Government.

Kim de Rijke, Consultant Anthropologist

Tony Jeffries, Consultant Historian

Title

'Cherbourg 1934: Reading Caroline Tennant-Kelly's fieldwork'

Abstract

The rediscovery of the Caroline Tennant-Kelly collection provides anthropologists and others with additional historical ethnographic records of relevance to native title claims in southern Queensland and northern New South Wales. For those areas relatively few detailed ethnographic records from the 1930s are available. The question is how useful Tennant-Kelly’s materials may be for native title claims.

To answer that question in this paper, at least in a preliminary fashion based on our first sorting and reading of the collection, we must not only describe the actual written content and its possible relevance to certain aspects of native title, such as continuity of customary laws and the maintenance of a society, we must also explore some of Tennant-Kelly’s personal and theoretical background, which is grounded in Sydney University’s Anthropology Department under the early management of A.P. Elkin.

Tennant-Kelly’s focus was on ‘culture contact’; the manners in which customary laws and customs were known and maintained at the settlement. In this paper, we firstly present an overview of the information Tennant-Kelly collected at Cherbourg in particular. Her Cherbourg work is best represented in the collection through field notes, photographs and both professional and private correspondence.

Critically however for any conclusions, we will also include a brief analysis of Tennant-Kelly’s work within the context of early forms of applied Australian anthropology; as a peculiar mixture of structural-functionalism, political engagement and humanist protest

Biographies

Kim de Rijke has worked on native title claims in Western Australia and Central Queensland as managing anthropologist for the Kimberley Land Council from 2003 to 2005 and the Central Queensland Land Council from 2005 to 2008. He is currently undertaking a PhD in anthropology at the University of Queensland. In December 2009 he rediscovered, with fellow UQ anthropology student Tony Jefferies, the long-lost collection of works by Caroline Tennant-Kelly who had worked as an anthropologist at Cherbourg Aboriginal Settlement in southern Queensland in 1934 and in various other Aboriginal Settlements in New South Wales during the late 1930s.

Tony Jefferies has worked on native title claims in Queensland at Cape York Land Council 2003-4, Gurang Land Council 2004-2008, and Queensland South Native Title Services 2008-9 and is currently studying for an M.A. at the University of Queensland. Tennant-Kelly’s undiscovered work often cropped up during my native title work and it became an interest of Kim and mine to track this material down. This we succeeded in doing in 2009.

Mick Dodson, AIATSIS and ANU

Title

'United National Permanent Forum on Indigenous Issues – Recent Developments'

Abstract

The UN Permanent Forum on Indigenous Issues is an advisory body within the framework of the United Nations Systems and reports to the Economic and Social Council. They are mandated to discuss Indigenous issues related to economic and social development, culture, the environment, education, health and human rights.

The Ninth Session of the UN Permanent Forum on Indigenous Issues took place from the 19th – 30th of April 2010 to discuss the theme of Indigenous peoples: development with culture and identity; articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples. The emphasis throughout the discussion was on implementation of the Declaration within states. Following his final year as a member of the Permanent Forum, Mick Dodson will reflect on the major themes of the Permanent Forum and the implications for Australia's Indigenous peoples.

Biography

Professor Mick Dodson, AM is a prominent advocate on issues affecting Australian Aboriginal and Torres Strait Islander peoples as well as other Indigenous peoples around the world. He was Australia’s first Aboriginal and Torres Strait Islander Social Justice Commissioner. He is currently the Director of the National Centre for Indigenous Studies at the Australian National University, Chairperson of AIATSIS, Special Rapporteur for the United Nations Permanent Forum on Indigenous Issues, and a Director of Dodson, Bauman & Associates Pty Ltd, legal and anthropological consultants. He holds a Bachelor of Laws from Monash University.

Patrick Dodson, Chair of the Kimberley Institute Ltd. and Director of Nyamba Buru Yawuru Ltd.
David Lanagan, Director of Land at the Department of Indigenous Affairs
Jo Franz, Director of Heritage and Culture at the Department of Indigenous Affairs

Title

‘Truth or Dare: honesty and pragmatism in negotiating a comprehensive native title agreement in Broome.’

Abstract

Broome is recognised throughout Australia as an iconic tourist town; as a place to relax and enjoy the ambiance and climate. On 28 April 2006, the Federal Court found that the Yawuru people held exclusive possession native title over a large portion of the Broome townsite, unallocated Crown land adjoining the townsite, a neighbouring pastoral lease and non-exclusive native title over several other pastoral leases. Broome is the first high population centre in Australia where the court found exclusive possession native title continued to exist.

Immediately following the determination, the Yawuru and the State of Western Australia, began negotiations, which were finalised in February 2010, with the signing of two Indigenous Land Use Agreements. The agreements compensated Yawuru for the extinguishment and impairment of native title with a package that, among other things, included joint management of a conservation estate, a monetary payment and a land package that will enable Yawuru to become a major part of the economy of Broome. In return, the State received relief from any compensation liability for any acts affecting native title that occurred after 30 October 1975.

This paper is a joint endeavour between Yawuru and the State’s negotiators to describe the negotiation process and highlight how a successful outcome was achieved. That is not to say that there weren’t issues, both between the Yawuru and the State, as well as within each of the negotiating parties, that required creative and pragmatic solutions to enable the negotiation to progress.

Biographies

Patrick Dodson is a Yawuru man from Broome in Western Australia. He has dedicated his life work to advocating a constructive relationship between Indigenous and non-Indigenous people based on mutual respect and understanding. He is currently adjunct Professor at Notre Dame University Australia and founding Director of the Indigenous Policy & Dialogue Research Unit at University of New South Wales. He was the Inaugural Chair of the Council for Aboriginal Reconciliation, a former Director of Central Land Council, the Kimberley Land Council and Royal Commissioner into Aboriginal Deaths in Custody. Patrick lives in Broome with his family, where he is involved in matters linking communities with a focus on social, cultural, economic and environmental sustainability through his roles as Chair of the Kimberley Institute Ltd. and Director of Nyamba Buru Yawuru Ltd.

In May 2008, Patrick was awarded the Sydney International Peace prize for his courageous advocacy of the human rights of Indigenous people and his significant contribution to peace and reconciliation.

David Lanagan was the State’s Lead Negotiator for the Yawuru native title negotiations, which resulted in agreement between the Yawuru people and the State of Western Australia in February this year. Currently David is the Director of Land at the Department of indigenous Affairs (DIA) in Western Australia and, along with the Aboriginal Lands Trust (ALT) board, manages the ALT estate in Western Australia. Prior to assuming his current role with DIA, David has held positions in government dealing with strategic native title negotiations, as well as future act negotiations with native title parties over access to Crown land.

Jo Franz is currently the Director of Heritage and Culture at the Department of Indigenous Affairs. Prior to this role Jo worked in native title for 16 years on both the East and West coast of Australia. She was involved in the first Consent Determination in Australia (the Dunghutti People) and in her most recent native title role, was Director, Native Title Management in the Office of Native Title. Jo was the State’s lead negotiator for the site of the Murchison Radio-Astronomy Observatory which led to agreement between the Wajarri Yamatji People, Yamatji Marlpa Aboriginal Corporation, the State and Commonwealth Governments and CSIRO. Jo along with David Lanagan was involved in the Yawuru native title negotiations, which resulted in agreement between the Yawuru people and the State of Western Australia in February this year.

Joe Edgar, Karajarri Traditional Lands Association

Jessica Weir, AIATSIS

Title

'The social relations of a PBC in an Aboriginal community town'

Abstract

This paper discusses the social relations around the work of the Karajarri PBC in the Aboriginal community town of Bidyadanga, south of Broome in the West Kimberley. We begin with a history of Bidyadanga since it was established as a ration depot in the 1930s, and the different people who live there today. We discuss the key issues facing the Karajarri PBC – the Karajarri Traditional Lands Association (now a Registered Native Title Body Corporate) – and how the unfolding of native title resulted in increased tension between the Bidyadanga community and Karajarri. Currently, together with the State government, the Bidyadanga Community Council and Karajarri are working through this tension as part of an Indigenous Land Use Agreement. This talk concludes by considering the role of PBCs and how policy can play a part of improving the social relations in Bidyadanga.

Biographies

Joe Mowandi Edgar is a descendant of the Karajarri people of West Kimberley. Joe is a business graduate of the University of Notre Dame Australia’s Broome Campus where he lectures in Indigenous studies, and is also the campus’ Indigenous Community Liaison Officer. Joe has been involved with Indigenous organizations and community social groups for over 25 years, and is the deputy chairperson of the Karajarri Traditional Lands Association (RNTBC), a position he has held since 2002. Joe’s interests are his family; education; Aboriginal history, culture and the arts; community development; and economic and environmental sustainability for Aboriginal people.

Jessica Weir has worked as a geographer for over 15 years. In 1999 she joined the Native Title Research Unit at AIATSIS, and since 2007 has held the position of Research Fellow. Jessica is a lead researcher in the NTRU project on Prescribed Bodies Corporate (PBC), and also conducts research for the Native Title, Ecology and Freshwater project. Her doctoral thesis explores the big ideas behind river management and the role of Indigenous people in ‘caring for country’. This work is published as Murray River Country: An Ecological Dialogue with Traditional Owners, Aboriginal Studies Press, 2009. Jessica has also worked on environment and development issues in the community sector in Bangladesh and the Mekong.

Virginia Falk, Solicitor

Title

'Beyond Native Title: The "rights" response to social justice and the conceptual problems of resource development'

Abstract

The uniqueness of Aboriginal history spans across a timeline of habitation that well exceeds the timeline of Christianity or the establishment of English common law. In areas of the Australian landscape the habitation of Aboriginal peoples in Australia. An innate collection of land, water and resource knowledge has been established by Indigenous communities implemented under the precept of Aboriginal law.

Indigenous water rights and interests is the new contemporary language to express ongoing property rights and interests in water resources in Australia today. In contrast, an academic and legal dialogue is still developing. The competition between Water Stakeholders has increased as a result of the Federal Government water reforms since the 1990s and the historic over-allocation to water resources remains a challenge. The conceptual framework of social justice and well being for Indigenous peoples has not been adequately addressed in the paradigm of native title; to provide culturally appropriate and workable solutions for Indigenous communities.

The pertinent issues raised in this paper address the inconsistent outcomes for Indigenous communities who seek to balance the obligations to ‘country’ and also to develop some areas of their land, water and resource in order to alleviate poverty and create certainty. For example, the legal separation of water from the land and the impact that government decisions have had on the attainment of social justice is questionable.

The access and use of water resources by Indigenous communities is tenuously held in balance by the commercial interests of third parties and the decision of Indigenous communities to adhere to cultural values. The recent property rights dialogue in water across Australia to commodify water and the global demand for mining resources from Australia has emerged as a cross-cultural dilemma for maintaining ‘land justice’ for Indigenous peoples.

From the completion of my doctoral research into the competing water rights and interests of water stakeholders in Australia, it is evident that ‘traditional Aboriginal values’ to water has been misconceived. Native title is devoid of an economic paradigm. The implications for ‘Closing the Gap’ on the basis of social justice principles is examined in the paradigm of native title.

Biography

Virginia Falk is currently Senior Research Fellow in the West Kimberleys, acting for the traditional owners to research, develop and implement a range of cultural and economic strategies for remote areas. Projects include the creation of Sustainable Enterprises under NAILSMA, the implementation of WWF Australia report to synergize western and Indigenous science to protect the Lower Fitzroy River and significant water landscapes on ‘country’ and create solutions for ‘gaps’ in native title recognition.

Virginia is an Indigenous Solicitor, Committee Member with the Law Society of NSW’s Mediation Committee 2010 and has completed a doctoral thesis at Macquarie University in the Faculty of Law on Aboriginal Water Rights in Australia, with comparatives to Canada, the United States of America and New Zealand. She has worked in criminal practice, native title and as former CEO of the NSW Aboriginal Water Trust.

Joe Fardin, AIATSIS

Title

'Knowledge management, native title and the NTRB agreement precedents project'

Abstract

There is currently no centralised process for the ‘doing’ of native title – only for certain mandated elements of it. In this context, the good scope for the implementation of knowledge management practices to provide some form of central knowledge repository. Interestingly, there is currently very little in the way of either commentary or practical initiatives connecting the burgeoning paradigm of ‘knowledge management’ and the practice of native title. The NTRB Knowledge Management Pilot being delivered out of AIATSIS engages with these issues. This project responds to calls for resources to improve the effectiveness and efficiency of agreement making and is examining options for the development of an agreements precedents database for NTRBs. This presentation will therefore examine knowledge management as it currently employed in the native title field, and provide an overview of the nature and progress of the NTRB Knowledge Management Pilot to date.

Biography

Joe Fardin is currently managing the NTRB Knowledge Management Pilot at AIATSIS. Previously he worked as a solicitor at Central Desert Native Title Services, and he has also worked at the Aboriginal and Torres Strait Islander Services (now FaHCSIA) and the National Native Title Tribunal. His academic background is in law and anthropology; most recently he completed an LLM in mining law, having received a scholarship through the Aurora project. Joe spent a large part of his childhood living in regional and remote Australia and this background provided the foundation for his interest in native title.

Darren Farmer, Wiluna Native Title Claimant

Lee Sackett, Consultant Anthropologist

Robbie Wongawol, Wiluna Native Title Claimant

Sarah Bell, Central Desert Native Title Service

Title

'Wiluna Claim Direct Connection Evidence - The Claimants own voice in native title connection evidence and assessment'

Abstract

Before there can be a legacy of native title for future generations it must be recognised and determined. The connection report process can be one where the native title holders provide information to researchers who then write and lodge reports for assessment with the relevant State authority. In an effort to make the process of proving native title one in which Wiluna claimants had greater engagement and more ownership a different approach was taken. In September 2009 the Wiluna Native Title Claimants provided direct evidence, of their connection to country, to the West Australian State Government (Office of Native Title, their consultant Anthropologist and the State Solicitors Office).
This paper outlines that process and discusses the engagement, ownership and direction provided by the native title claimants in proving their native title, and what benefits this legacy may have.

Biographies

Darren Farmer is a Martu man from Wiluna. He is both a Wiluna native title claimant and Birriliburu, Martu and Ngaanyatjarra Lands native title holder. Darren has held a variety of positions in community-based organisations, he was also the ATSIC Commissioner for Western Australia South-East from 2002 to 2004. Darren is currently employed by Central Desert Native Title Services (“Central Desert”) in the role of Aboriginal facilitator – Native Title, but he has been involved in native title in various capacities for over 10 years. Darren took a pivotal role in the Wiluna direct evidence presentation, acting as MC and interpreter as well as providing connection evidence.

Lee Sackett (Consultant Anthropologist) has engage in research in and around Wiluna since 1972. Lee authored the Birriliburu Native Title Claim connection materials, for which a consent determination of exclusive possession native title was achieved. He was also briefed by Central Desert to prepare Wiluna Native Title Claim connection materials document and assist with the direct evidence process.

Robbie Wongawol is a Martu man from Wiluna. He is both a Wiluna native title claimant and Birriliburu native title holder. Robbie has worked for a couple of years as a liaison officer with Central Desert and is currently employed as the Martu Land Management Coordinator. Robbie took a central role in the Wiluna direct evidence presentation, acting as an interpreter and providing connection evidence on his traditional country.

Sarah Bell is a staff anthropologist with Central Desert who has worked with the Wiluna Native title claimants over the last 10 years. Sarah first went to Wiluna in 2001 while undertaking native title research for the Martu Native Title Claim, which she co-authored. She has worked as a researcher on the Birriliburu and Wiluna native title claims with Lee Sackett. Sarah coordinated the Wiluna direct evidence process.

Angus Frith, Barrister/University of Melbourne

Title

'The mob getting it right for the future: structures and processes of PBCs'

Abstract

One aspect of determinations of native title and associated comprehensive settlements that can be overlooked is the need for implementation. A necessary part of the process of implementation is establishing and maintaining a sustainable corporation, such as a prescribed body corporate, that can represent, in the long term, the group that holds or manages native title and/or takes the benefits under an Indigenous Land Use Agreement. Such a corporation must have legal personality and perpetual succession within the Australian legal system, and also represent the holders of a native title that is based in a different system of law.

Practical difficulties for native title corporations include resourcing and obtaining necessary expertise, and also consideration of the extent to which governance structures and processes that can represent traditional ways of doing things can be identified and adopted within the alien structure of a corporation constituted under and imposed by Australian law. The paper critically analyses some of the structures and processes adopted by native title holding groups in Australia.

Biography

Angus Frith is a barrister at the Melbourne Bar. He has practised in native title law since 1995 on behalf of Aboriginal groups in Victoria, the Kimberley, the Northern Territory, and Queensland. He is also a PhD candidate at the University of Melbourne. His thesis, titled “Sustainable Indigenous entities for making agreements”, deals with issues arising from the fact that native title corporations are locations where Indigenous and Australian laws and customs intersect, and from the ways they relate to each other in such a confined space.

Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner

Title

'Advancing human rights: the role of the Aboriginal and Torres Strait Islander Social Justice Commissioner'

Abstract

In this session, Mick Gooda will reflect upon his new role as Aboriginal and Torres Strait Islander Social Justice Commissioner. In particular, he will consider his experiences in the role to date and the principles that are guiding his approach to native title issues. Since taking up the position of Social Justice Commissioner, Mick has embarked on a series of community visits to gather first hand information on the most pressing concerns facing Aboriginal and Torres Strait Islander peoples. He is also gathering information on innovative solutions that communities are developing. Several clear themes have already emerged from these visits, including the importance of early and effective engagement between governments and communities on matters that affect the rights of Aboriginal and Torres Strait Islander peoples. Mick will offer preliminary insights into how these themes and experiences will shape his priorities in native title and land rights over his five-year term.

Biography

Mick Gooda is a descendent of the Gangulu people of central Queensland. He took up the position of Aboriginal and Torres Strait Islander Social Justice Commissioner in February 2010. Mick has been actively involved in advocacy in Indigenous affairs throughout Australia and has delivered strategic and sustainable results in remote, rural and urban environments. For over five years, Mick was the Chief Executive Officer of the Cooperative Research Centre for Aboriginal Health (CRCAH). Mick has played a leadership role in a range of other areas, including as Acting Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission and Senior Consultant to the Aboriginal Legal Service (WA). Mick is currently a Board Member of the Centre for Rural and Remote Mental Health Queensland and is the Australian representative on the International Indigenous Council, which focuses on healing and addictions. He is also the co-chair of the Close the Gap Campaign for Indigenous Health Equality.

Bruce Gorring, University of Notre Dame

Title

‘Right people for right Country’ – Issues and directions in cultural and natural resource management in the Kimberley region of north Western Australia

Abstract

During the past thirty years, Kimberley traditional owners have clearly articulated the values, principles and practices that constitute their approach to managing the cultural and natural resources of the region. This has enabled traditional owners to draw attention to, and demonstrate, culturally appropriate techniques and observances that are used to manage Country. As a consequence, kartiya’s (non-Indigenous people) have grown to understand the complexity of the cultural landscape in the Kimberley region and the extent of diversity amongst its people.

Currently, the Nulungu Centre for Indigenous Studies is undertaking research for the purpose of preparing a ‘Kimberley Aboriginal Caring for Country Plan’. This research, conducted on behalf of four key representative Kimberley Aboriginal organisations, aims to consolidate existing knowledge relating to cultural and natural resource management, detail how traditional owners want to manage Country in the future, identify priority issues to be addressed, plan for investment in Country and people, and articulate protocols for comprehensive management regimes. This paper will provide some insight into why these aspects of the ‘Kimberley Aboriginal Caring for Country Plan’ are important to traditional owners. Further, it will examine the potential impact of external policy frameworks and trends that are emerging in northern Australia. Finally, it will contemplate the future of cultural and natural resource management in the Kimberley region with a particular emphasis on the challenges facing emergent traditional owner governance structures, the maintenance of adaptive and resilient communities, and participation in economies based on culture and conservation.

Biography

Bruce Gorring is a kartiya (non-Indigenous person) who has lived periodically in the Kimberley region of Western Australia since 1998. Bruce’s professional training is in geography and sociology, a lens through which he developed and has maintained an enduring interest in the relationship between people and ‘Country’. He worked for the Kimberley Land Council (KLC) until 2005, initially as a Project Development Officer, and then as Manager of the Native Title Services Unit. During his residence in Perth from 2006 to mid-2009, Bruce served as Assistant Director of the Land Branch in the WA Department of Indigenous Affairs where he managed the operations of the Aboriginal Lands Trust. Recently, he took up an appointment as Research Coordinator in the Nulungu Centre for Indigenous Studies at the Broome campus of the University of Notre Dame Australia.

Scott Gorringe, Stronger Smarter Institute

Title

‘Honouring Our Strengths’

Abstract

Persistent perceptions of deficit and conflict have characterised and constrained the history of relations between Aboriginal and non-Aboriginal Australians since contact. The success of their saturation is apparent in a continuing approach that presents the response to Aboriginal needs and issues.

Smith (2002, 2003), Adams (1995), Pearson (2000), and Freire (1972), speak about the need for Indigenous/oppressed people to take control of their destiny by first taking control of themselves. Freire’s notion that, “the oppressed must also free themselves and that the oppressor alone cannot free the oppressed” is paramount in this context. Freire (1972) also talks about an internalization of oppression through what he calls the “existential duality of the oppressed.” He says that until the oppressed concretely discover their oppressor and in-turn their own consciousness, they nearly always express fatalistic attitudes toward their situation (p 43).

Adams speaks of ideology domination as a primary means by which the state maintains control over its citizens. Adams says in terms of Aboriginal (Canadian Native Indian) that their consciousness is determined by their life experiences and it shapes their thinking and behaviour.

Furthermore he says: By accepting the ideology of the dominant class (or culture) as their own, the subordinate masses not only submit to it, they also legitimize the rule of the establishment. In this way, ideology oppresses the masses (Adams 1995: 38)

This conversation will recognise that an erosive mindset of deficit perceptions of Aboriginality is also being widely adopted by Aboriginal people ourselves – and if left un-discussed will continue to impact on the Aboriginal struggle. This Aboriginal-led conversation will challenge this mindset to move from one of deficit to one of strengths.

Biography

Scott Gorringe is a Mithaka man from far western Queensland. He has lived most of his life in remote and rural communities, and regularly returns to country with his family to visit and care for significant cultural areas. He is also a Mithaka applicant within the Native Title process and has worked in this select area as well. Scott’s approach is founded on the belief, that all groups of people bring a collective knowledge and strong value based ethics, which will always provide a solid foundation from which to build something powerful on. He believes the challenge is to reconnect with them.

Scott has worked for Education Queensland where he established mentoring and teacher induction programs. He also worked for the Centre for Rural and Regional Innovation, the University of Queensland, where his role is a Learning Facilitator in leadership and facilitation, as well as Senior Project Officer (Research). As well, he has worked for a Native Title service provider in Queensland. Scott now works with the Stronger Smarter Institute as a consultant on Indigenous educational leadership. He is passionate about bringing people together to take on these complex challenges.

Chris Haynes, Consultant

Title

'Towards a national approach to native title and joint management'

Abstract

The NTRU has recently commissioned a paper providing a national overview of joint management and native title arrangements in the States and Territories. The paper argues that there are significant inequities in achievements in the various jurisdictions and sets out some principles which might provide a national framework for joint management and native title arrangements.

Biography

Marcus Holmes, Consultant

Georgina Riley, Jidi Jidi Aboriginal Corporation

Title

'A PBC under siege: the post native title fight'

Abstract

This presentation and paper looks at the experiences of a PBC in WA’s Mid West: Jidi Jidi Aboriginal Corporation (JJAC). JJAC was WA’s first PBC and the Nharnuwangga, Wajarri and Ngarlawangga people were the State’s first “native title holders”. The native title holders made an ILUA with the State Government that covers access to country by the mining industry. The proper implementation of the ILUA and its associated heritage agreement has been resisted by the Government and some members of industry. Other mining companies have embraced working in win/ win partnership with JJAC and the native title holders. This presentation and paper sets out how JJAC has survived through difficult times in a post – native title area.

Biographies

Marcus Holmes is a native title lawyer based in his own firm in Perth. Marcus has acted for native title groups since Mabo in 1992. The primary focus of his work is native title and cultural heritage agreement making. Marcus also does dispute resolution. Marcus is currently working for two NTRBs in the Pilbara and Mid West. This work involves corporate and trust advices and agreement negotiations with mining companies and Government departments. He is also working as a legal adviser to Nyungah people involved in native title settlement negotiations with the WA Government.

Georgina Riley is the Native Title Manager and a Director of the Jidi Jidi Aboriginal Corporation RNTBC.

Mitch Hooke, Minerals Council of Australia

Daniel Archer, Downer EDI Mining

Brian Wyatt, National Native Title Council

Leanne Caton, Northern Territory Government Department of Housing, Local Government and Regional Services

Bryan Palmer, FaHCSIA

Sally McMartin, Aboriginal Enterprise in Mining, Energy and Exploration

Title

'Effective Catalysts for Economic Development in Indigenous Communities'

Abstract
There is an imperative to enhance institutional and economic support for Indigenous peoples to be drivers of economic development in local and regional communities. Indigenous Australians continue to suffer significant disadvantage. Closing the gap between Indigenous and non-Indigenous Australians remains a challenge. In order for this disadvantage to be remedied it is critical that governments, Indigenous communities and private enterprise work in partnership to address the systemic lack of investment in social and physical infrastructure, and effective local governance in Indigenous communities. This is critical to ensure that people can take advantage of economic opportunities that become available, and to grow robust local economies. This panel will look at effective catalysts to drive economic development in Indigenous communities and will discuss solutions for sustainable Indigenous communities.

Biographies

Mitchell H Hooke Mitchell H Hooke (Mitch) has been Chief Executive Officer of the Minerals Council of Australia (MCA) since June 2002. The MCA is one of the nation’s most significant industry bodies representing minerals exploration, production and processing companies that produce around 90 percent of Australian’s annual mineral output and exports with member companies accounting for nearly 40 per cent of Australian goods exports and one-tenth of annual national output. Under Mr Hooke, the MCA has been at the vanguard of the development and advocacy of key public policy on matters directly impacting the welfare of the industry and its commitment to continuously improving its contribution to sustainable development and society. Over the past two decades, Mr Hooke has made a significant contribution to the development of Australia’s trade, economic and industry policy, across the rural, food and grocery and mining industries. He is recognised for his knowledge of and strategic leadership in public policy and practical issues affecting industries’ contribution to the Nation’s social and economic welfare.

Daniel Archer is the General Manager, Business Development West, Downer EDI Mining.

Brian Wyatt (a Yamatji man) is the newly appointed Chief Executive Officer of the National Native Title Council having recently completed 11 years as Chief Executive Officer of the Goldfields Land and Sea Council (GLSC). He has more than 30 years experience in community and government administration of Aboriginal affairs. He has worked as a senior adviser to government ministers, the public sector and NGO community bodies. Brian is a strong advocate of land justice for Aboriginal people and of using negotiated agreements, instead of litigation, for resolving native title claims, protecting indigenous heritage, and providing economic and employment opportunities. Since 2007 Brian has attended the UN Permanent Forum on Indigenous Issues as a member of the Indigenous Peoples Organisation. Brian also participates in the Minerals Council of Australia Indigenous Leadership Forum and the International Council on Mining and Metals Indigenous Peoples Roundtable. In 2003 Brian was awarded a Churchill Fellowship to research land rights and economic development in South Africa, Canada and North America.

Leanne Caton is Director of Indigenous Economic Development, Northern Territory Government Department of Housing, Local Government and Regional Services.

Bryan Palmer is Group Manager, Indigenous Programs and Economic Development, FaHCSIA.

Sally McMartin is the Executive Officer for the Board of the Aboriginal Enterprises in Mining, Energy and Exploration (AEMEE), an incorporated not-for-profit company set up to grow Indigenous businesses in Australia and overseas in mining and allied industries. Sally is also the National Facilitator for the Memorandum of Understanding between the MCA and the Commonwealth Government. The key objective of the MoU is to increase employment and business development opportunities for Indigenous Australians within the resource sector. Prior to this, Sally was the Regional Manager External Affairs for Newmont Asia Pacific where she was responsible for indigenous affairs, community relations and external affairs.

David Jagger, Central Land Council

Title

'Community development from land use agreements: what engagement takes in today’s legal and operational landscape'

Abstract

In her 2008 Mabo Lecture, the Minister for Indigenous Affairs said of native title agreements: “Arrangements for payments to Indigenous landholders are largely left to the companies involved and the landholders themselves who may not have the assistance they need to weave through the legal and operational landscape of major development.”

This paper will discuss some requirements of a more thorough engagement in the current legal and operational landscape of fairly major community development (CD) using payments from land use agreements. It will use as an example one of the CLC’s large CD projects with such monies. This is a project under the Aboriginal Land Rights (NT) Act, 1976 but the lessons learned are nevertheless applicable in the native title realm.

The paper will first outline the project’s governance and related processes. It will then discuss the key elements of the legal and operational landscape that must be negotiated: the squarely legal elements, those broadly anthropological, policy elements and bureaucratic elements. The paper will explain the resources the CLC uses to do such CD work, and conclude with some of the results.

Biography

David Jagger is the Co-coordinator of the Central Land Council’s Community Development Unit. He grew the Unit from scratch five and half years ago within the CLC’s Anthropology Section which he managed for nearly seven years before establishing Community Development as a separate unit. David recently submitted his research masters at ANU on an anthropological analysis of CD using rents and royalties in remote Central Australian communities.

He has lived for eight years in Alice Springs this time around, before which he lived for five years in Fitzroy Crossing in the Kimberley region working for the Kimberley Land Council and managing the local Aboriginal radio station. In between study and work as an anthropologist he has studied journalism, broadcast on SBS Radio and Radio Australia and contributed to the media component of a large development project in PNG.

Katherine Jones, Attorney-General's Department

Title

‘Framing change in native title: an overview of the Government’s vision of native title and approach’

Abstract

TBA

Biography

Katherine Jones is the First Assistant Secretary of the Social Inclusion Division in the Attorney-General's Department. In this capacity she has responsibility for native title and Indigenous law and justice programs. Other areas of responsibility include human rights and legal assistance, including the Legal Aid Program, the Community Legal Services Program, the Indigenous Legal Aid Program and the Family Violence Prevention Legal Services Program.

Leonie Kelleher, Kelleher

Title

'Native Title Act and Indigenous Entrepreneurship'

Abstract

There is growing interest in the role of the regulatory system in shaping a positive institutional framework for enhancing entrepreneurial opportunity. Entrepreneurship is widely seen as important in self-determination for First Nation Peoples.

Government business innovation programs and funding, particularly where targeted toward Aboriginal People, frequently operate independently of regulatory change without considering relationships between known pre-conditions for entrepreneurship and regulation.

This paper considers the impact of the Native Title Act 1993 (Cwth) (NTAct) upon Australian Aboriginal entrepreneurship. It describes the results of a preliminary case study that identified deep problems. The Indigenous people studied referred to native title as “a river of pain” and “a river of hopelessness”. They mentioned their distrust and a feeling of being silenced. National Native Title Tribunal reports confirm difficulties in properly hearing Indigenous stories. Strong negative Indigenous experience would be expected to reflect constraints on entrepreneurial activity.

The study revealed that the linkage between regulatory intervention and Indigenous entrepreneurship is complex. Stated legislative intent is not determining Indigenous entrepreneurial opportunity and, in fact, opportunity arising from NTAct may flow more in the direction of non-Indigenous entrepreneurial opportunity. The extent and mix of Government powers appear relevant, along with limitations upon Government’s ability to itself be entrepreneurial. Regulatory or instrumental coherence may be crucial. Linkages between social capital and entrepreneurship also appear important.

This preliminary study confirms a need to better understand entrepreneurial outcomes from NTAct along with the best methods for maximising them.

Biography

Leonie Kelleher has many years experience as pro bono legal advisor to numerous Indigenous people. She is a past member of the Supreme Court of Victoria Board of Examiners, Victorian Heritage Council, Council of the Law Institute of Victoria and Land & Valuation Board of Review. She was Winner Bicentennial Medallion, Women 88 Awards, Honorary Life Member, Sovereign Hill and, in 1990, awarded the Medal of the Order of Australia for voluntary work with the blind. Leonie has post-graduate qualifications in law, business and town planning. She is currently completing a doctorate on Indigenous Entrepreneurship and the NTAct.

Lindsey Langford, Central Desert Native Title Service

Rob Thomas, Central Desert Native Title Service

Robbie Wongawol, Wiluna Native Title Claimant

Title

'We gotta learn "em up country" – Land Management Martu way'

Abstract

A brief discussion of the role Central Desert Native Title Service has played in facilitating our client’s access to current land management initiatives while following the ‘ground up’ approach to consultation and project development.

A strong desire to get back to country in order to ‘look after it’ has been a consistent through line in native title meetings held in Wiluna over the years. The Birriliburu native title holders and the Wiluna native title claimants are currently involved in preliminary investigations and development of land management opportunities in relation to over 12 million hectares of country in the middle of WA.

Using the platform of native title, Central Desert has sourced seed funding and brought together stakeholders, active partners and people on the ground in support of our clients taking a lead role in the management of their country.

This discussion will focus on the current highly consultative approach to planning for Martu to effectively manage ‘country’ their way and the on ground experience of the fledgling land management unit.

Biographies

Lindsey Langford has been working with the Wiluna native title claimants and Birriliburu native tile holders since 2008. Prior to taking up his role with Central Desert Native Title Services he has worked as an anthropologist with the South West Aboriginal Land and Sea Council and with the Ngaanyatjarra council’s Land and Culture unit. Lindsey’s current role is very much ‘on ground’ and working closely with the Wiluna native title claimants and Birriliburu native title holders to develop a range of land management programs. These programs are primarily focused on helping Martu people to become active participants in the management of their greatest asset; their land.

Rob Thomas is currently Regional Manager-West with Central Desert Native Title Services. Rob has worked in various roles in Indigenous affairs and land management over 20-odd years, including 2 years as the Executive Director Land and Heritage with the WA Department of Indigenous Affairs and 12 years with the Goldfields Region of the WA Department of Environment and Conservation. Rob was recruited to Central Desert last year to support the further development of land management programs and services to traditional owners and Prescribed Bodies Corporate across the area serviced by Central Desert. Rob rates his current role as one of the highlights of his career to date, with the strong cultural foundation, spectacular country and the unbridled enthusiasm and drive of both the Central Desert team and traditional owners combining to provide both a humbling and truly rewarding work environment.

Robert Wongawol is a Martu man from Wiluna. He is both a Wiluna native title claimant and Birriliburu native title holder. Robbie has worked for a couple of years as a liaison officer with Central Desert Native Title Services and is currently employed as the Martu Land Management Coordinator. Robbie’s role is quite diverse and while a majority of his work schedule it taken up with providing direction and leadership within the developing land management unit, he has recently spoken at a national Indigenous Protected Area conference about his people’s country and the priorities for local land management.

Bill Lawrie, South West Aboriginal Land and Sea Council

Glen Kelly, SWALSC

Title

'From the Margins to the Engine Room – Broader Land Settlements and the role of Native Title Structures in Shaping the Future'

Abstract

For many years, native title didn't seem to figure in Government policy, except as something to be got around. The early years of the operation of the Act took place against a background of denial, paranoia and complaint. The opposition came from media from government and was widespread in the community. When, against the odds, determinations began to appear, there was no plan for the existence of the bodies that held native title. One of the outcomes of the process is a clear identification of the Aboriginal groups, often for the first time. There was certainly no acceptance by policy makers that the recognition of traditional Aboriginal groups, the disciplined research that underpins native title, and the structures which evolved, could have a value in addressing the stark developmental crisis that faced Aboriginal communities in many places. It is arguable that the millions poured ineffectively into Aboriginal affairs might have found more traction on the ground if the engagement had been on basis of structures with some kind of cultural logic and legitimacy.

Do we now see substantial shift in attitudes, with a new consideration of the possibility of broader land settlements with a developmental focus tied to native title determinations agreements and structures? The talk around these outcomes has an emphasis on “development”, “sustainability” and “intergenerational benefit”. It often includes talk about how money from native title agreements should be spent. It now includes a push for expert - potentially non-Aboriginal directors on the boards of the key Aboriginal corporate bodies holding the rights and interests. Is this an appropriation, or is it an opportunity for a better approach to governance which looks beyond ideology?

Biography

Bill Lawrie has worked in child protection and in refugee camps in Hong Kong before coming to native title in January 1996. For five years he worked as Senior Case Manager and Regional Coordinator in the Kimberley, working closely with Fred Chaney, Justice Bob French, Dr Mary Edmunds and ex-justice Paul Seaman. In late 2000 he became the first Native Title Manager for Ngaayatjarra Council, and led that Unit for five years. During that time the NTRB worked with Claimants, securing exclusive possession determinations over almost 500 000sq km of WA’s central desert region in several determinations. In 2006 he began a “short” contract with SWALSC. Since that time he has been in a range of senior roles concerned with the rebuilding of the NTRB and the development of negotiation strategy and practice. He was closely involved in the negotiation of the Heads of Agreement with the State of WA in December 2009, and remains part of the Negotiation Team working towards Agreement in Principle and final agreement in respect of the Noongar claims.

Glen Kelly is the Chief Executive Officer (CEO) of the SWALSC. Glen is a Noongar man and brings to SWALSC 15 years of experience in Indigenous Affairs, much of it in native title and Indigenous land related issues. Glen has held a number of senior positions in Indigenous organisations, both as a manger and as an advocate of Indigenous interests, as well as positions within Government agencies. Glen sits on a number of high level committees and statutory authorities at a State and Commonwealth level that relate to Indigenous land interests. Glen is a keen advocate of Noongar interests, and in his role as the CEO, seeks to ensure that SWALSC is able to provide an efficient and effective service to Noongar people and their native title claims. The CEO is appointed by the Executive Committee and acts in accordance with the policies determined by that committee. He attends the Executive Committee meetings and provides regular reports in reference to the operations of the organisation.

Greg Leaman, Department for Environment and Heritage (SA)

Title

'Innovative Arrangements for Co-management of Parks in South Australia'

Abstract

South Australia has over 330 parks and reserves encompassing around 21 million hectares, or 21% of the State. A similar area is Aboriginal freehold land. These areas make a major contribution to the conservation of biodiversity and natural systems in South Australia and are significant to Aboriginal people.

In 2004, the National Parks and Wildlife Act 1972 was amended to enable the establishment of co-operative park management arrangements over National Parks and Conservation Parks in South Australia through statutory co-management agreements between the Minister for Environment and Conservation and the relevant Aboriginal group.

Five co-management agreements are now in place. These encompass approximately 3 million hectares, or around 14% of the formal conservation reserve system in South Australia.

The co-management arrangements under the National Parks and Wildlife Act are being increasingly recognised as an important tool for resolving issues relating to native title through negotiated settlement rather than expensive litigation. Additional co-management agreements are being negotiated.

This presentation will provide an overview of South Australia’s approach to co-management of parks, including the benefits and policy and management considerations, with a particular focus on governance arrangements, management effectiveness, stakeholder involvement and equity considerations.

Biography

Greg Leaman has extensive experience in parks, wildlife and cultural resource management gained over 33 years in conservation and land management agencies in Tasmania, Western Australia, New South Wales and South Australia.

Appointed as Director of National Parks and Wildlife SA in 2001, he is responsible for the Conservation Policy and Programs Directorate which provides policy leadership, direction and support for the government’s nature conservation, public land management, coast and marine conservation, visitor management, heritage conservation and animal welfare programs. This includes the development and management of the terrestrial and marine parks and reserves system and associated visitor services; biodiversity conservation and wildlife management; Crown land administration and management; and coastal protection. He is also responsible for the department’s Aboriginal reconciliation and partnerships programs and leads development of South Australia’s innovative approach to co-management of parks with Aboriginal people.

In his capacity as Director of National Parks and Wildlife, Greg is a member of the National Parks and Wildlife Council and the Wilderness Advisory Committee, and he chairs the General Reserves Trust. He is a member, and former Chair, of the Vulkathunha-Gammon Ranges National Park Co-Management Board and a member of the IUCN World Commission on Protected Areas and the IUCN Commission on Environmental, Economic and Social Policy.

Ron Levy, Northern Land Council

Title

'Land rights and uranium in the Northern Territory'

Abstract

The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) was enacted in the context of a 1975/76 Royal Commission regarding proposed uranium mining at Ranger in Kakadu, contemporaneous proposals including Nabarlek, Jabiluka and Koongarra in the Kakadu and West Arnhem region of the Northern Territory (Nabarlek and Ranger proceeded, the others did not). Prior to the Act uranium mining had occurred at Rum Jungle and other locations - with that land being successfully claimed under the Act. Subsequently there has been exploration on Aboriginal land and on native title claims for uranium as well as significant proposals for mining at Coronation Hill in Kakadu and Angela Pamela near Alice Springs, and legislation in relation to the establishment of a Commonwealth repository for radioactive waste.

This presentation outlines the historical and legal background of these matters in the Northern Territory, from the perspective that changed policy by the incoming Labor Government in 2007 means that uranium mining proposals are proceeding elsewhere in Australia.

Biography

Ron Levy is the Principal Legal Officer of the Northern Land Council, where he has been employed as a solicitor since 1994. Ron completed an Arts/Law degree at the Australian National University in 1985, and his previous employment includes as a solicitor with the Victorian Aboriginal Legal Service.

Alwyn Lyall, Western Yalanji Aboriginal Corporation

Glenis Grogan, Western Yalanji Aboriginal Corporation

Title

'An Account by Traditional Owners and Board Members of a Prescribed Body Corporate'

Abstract

This presentation is intended to explore the management, operational and service delivery realities of a Prescribed Body Corporate (PBC) using Western Yalanji Aboriginal Corporation RNTBC as the sample to demonstrate that although the Court had made a determination that Native Title exists on one part or more of your Traditional lands, it still ensures that the Native Title Act 1993 kicks in with its requirement of establishing a Body Corporate to represent the Native Title Holders rights and interests.

This recognition of prior ownership by Australian First Nations People is surely a small rhetorical gesture. If it was anything more PBC’s would be funded sufficiently to enable the Legal Body (PBC) to carry out it true functions as required by the act in ways to guarantee long term sustainability.

Minimal PBC financial support received to date makes it obvious to the lay person that Court determinations and the Native Title Act 1993 gives lip service only and does not consider the far reaching consequences for Native Australian peoples history of experienced Colonisation and its nature of the undisputed displacement of original inhabitants resulting in a whole host of issues that needs addressing. This includes the building of Native Title Holders capacity to merely participate in PBC functions as well as on Country. The presentation intends to propose sustainable options from a Corporation and Traditional Owner perspective for the future of PBCs.

Biographies

Alwyn Lyall is a Chairperson of the Western Yalanji Aboriginal Corporation RNTBC and his background is in cattle work having an extensive cultural knowledge of his traditional lands. Alwyn joined the Board in November 2008 bringing his country and cultural experience to Western Yalanji PBC. His greatest passion is to ensure that the Western Yalanji People can be involved on Country and that this same country is available in a sustainable way for future generations.

Glenis Grogan is Director of the Western Yalanji Aboriginal Corporation RNTBC and her background is in Health and Indigenous Community Action. Glenis joined the Western Yalanji Corporation in April 2008 and has been instrumental in further establishing the Corporation as a professional body to be there for the Western Yalanji people now and into the future.

Brett Mackie, Department of Employment, Economic Development and Innovation (Qld)

Title

'Lost Money: Identifying the importance of future planning in agreement making'

Abstract

Native title agreements between mining companies and native title parties usually identify corporations/nominated bodies to take on financial obligations. If these organisations are discontinued then in some case monies collected by the State or being held by companies cannot be distributed. Poor drafting, lack of foresight and development of unsuitable entities to administer money are among the major reasons behind this situation.

In all drafting of agreements there needs to be detailed planning to all conceivable future outcomes for better or worse. Queensland currently has ten’s of thousands of dollars in trusts and suspension accounts, unclaimed or unable to be sent to the parties in question. This money often can be the cause problems in future negotiations and in dealings between all parties. It is also wasted money as hard fought rights are lost to the native title group and frustrating to mining companies as their relationships with a particular native title party can suffer.

The Department of Employment, Economic Development and Innovation, is committed to coordinate with native title parties and industry representatives to work together to release monies from past agreements and to ensure that future agreements are able to be actioned. It is hope that within two years strategies can be developed to release all held money and to ensure that working agreements are effective in delivered benefits to indigenous groups.

Biography

Brett Mackie is currently the Coordinator Native Title, Statewide Services, Department of Employment, Economic Development and Innovation in Queensland a position held for the past three years. Prior to this he was a State Negotiator in mining agreements based in Rockhampton. Brett spent seven years working in Native Title Bodies including four at the Central Land Council as a Mining Officer and two at the Gurang Land Council as Manager Native Title.

John Mansfield J, Federal Court

Graeme Neate, National Native Title Tribunal

Warwick Soden, Federal Court

Ann Daniel, Native Title Services Victoria

Panel Discussion Title

'Resolving native title claims: Putting the 2009 amendments to work'

Abstract

The Federal Court and the National Native Title Tribunal presentation will deal with some critical aspects of the 2009 amendments to the Native Title Act, in particular the approach each institution will take to resolving the priority cases identified through the Court's priority list and the Tribunal's substantive list. The presentation will discuss the possibility of the Court appointing a mediator selected from a list of mediators as well as from the Tribunal or the Court. The Court and the Tribunal are making changes to their practice of managing some priority cases and this is likely to impact on the practice of the NTRBs.

Biographies

John Mansfield was appointed to the Federal Court of Australia in September 1996. Justice Mansfield graduated from the University of Adelaide with Honours and was admitted as a practitioner in 1969. Justice Mansfield was appointed Queen’s Counsel for South Australia in 1985 and Queen’s Counsel for the Northern Territory in 1988. He was President of the South Australian Law Society 1988-1989, President of the Law Council of Australia from 1993-1994, Chairman of the Legal Aid Committee for the Law Council of Australia from 1986-1994, Chairman of the SA Legal Services Commission 1995-1996 and Chairman of the Third Party Premiums Committee (South Australia) from 1986-1996. During 1991-1993 Justice Mansfield held the role as Counsel assisting the Commissioner, and later was Commissioner of the Royal Commission into the State Bank of South Australia. Justice Mansfield is currently the Chair of the Graduate Diploma and Legal Practice Education Committee and has held that position since 2004. He is also currently the Chair of the Art Gallery of South Australia Foundation and has held that position since 2003. Justice Mansfield was appointed a Member of the Order of Australia in the Queen's Birthday Honours in 2009.

Warwick Soden obtained a Bachelor of Legal Studies from Macquarie University, Sydney and was admitted to practice in 1987. He has worked in courts administration since 1971 and from 1988 to 1995 was Chief Executive Officer and Principal Registrar of the Supreme Court of New South Wales. In March 1995 became Registrar of the Federal Court of Australia. In both those positions he has been heavily involved in planning for and managing court systems, particularly in relation to case management. He is a member of the Federal Court's Information Technology Committee and Convenor of the Council of Chief Justice's Electronic Appeals Working Party. Recently he has been involved in a project to provide advice to the Palestinian Ministry of Justice concerning judicial and court administration, resulting in a visit to the Palestinian Authority controlled territories during October 1997. He is a Council member, and a former Board member, of the Australasian Institute of Judicial Administration.

Graeme Neate has been President of the National Native Title Tribunal since 1999. Mr Neate was a part-time member of the Tribunal from 1995 before becoming 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 Land 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 (Cwlth). Mr Neate has a Bachelor of Arts and 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. Mr Neate has published a book and numerous articles, chapters and conference papers on indigenous land and cultural heritage matters. Mr Neate is an accredited mediator under the Australian National Mediation Standards.

Ann Daniel is a lawyer who has previously worked for the New South Wales Government, Cape York Land Council and Native Title Services Victoria. Ann is currently working with Native Title Services Victoria and undertaking various native title related consulting projects.

Fiona Martin, UNSW

Title

'Native Title Payments and their Tax Consequences: Is the Federal Government’s Recommendation of a Withholding Tax the Best Approach?'

Abstract

Many researchers and stakeholders, including the Federal Government, have suggested that the recognition of native title is important for the economic development of Australian Indigenous peoples. In 2008 the Rudd Labor government urged Indigenous groups to capitalise on economic opportunities arising from the native title system. Although the area of land subject to existing and potential native title claims is relatively small compared to the rest of Australia and is often remotely situated there is potential for economic benefits stemming from this land. This is particularly so where the land is ripe for mining exploration. There are also other areas of potential economic gains such as tourism and cattle. The taxation implications of any payments made to a prescribed body corporate established once a claim under the Native Title Act 1993 (Cth) is determined are unclear. However, it is likely that many of these payments will be subject to taxation under the Australian income tax legislation. This paper analyses the current withholding tax regime relating to mining payments in respect of ‘Aboriginal land’ under the Income Tax Assessment Act 1936 (Cth) to determine whether or not this regime applies to native title payments. The author concludes that it doesn’t. The paper then considers whether a similar regime might be an appropriate approach to both protecting the native title income stream for current and future generations and providing the revenue with a stable and appropriate tax base.

Biography

Fiona Martin is a senior lecturer with the Australian School of Taxation (Atax) at the University of New South Wales. She has in depth experience researching and writing about the intersection between charities and not-for-profits and the Australian tax system. Her most recent works include discussions on the application of the legal concept of charity to entities that are seeking to obtain charitable tax status, with particular focus on the requirement that they have a ‘public benefit’.

In 2009 she was awarded the Graham Hill Memorial Prize for research into comparative tax issues relating to indigenous charities. She is currently undertaking a doctorate which analyses tax exemptions for indigenous entities. She has previously presented at the National Native Title Conference on issues concerning the application of the income tax exemption to charities that advance indigenous issues – with particular reference to Prescribed Bodies Corporate under the Native Title Act.

Feli McHughes, Ngemba Old Mission Billabong Program

Jason Ford, Brewarrina Local Aboriginal Land Council
Katherine Tibbitts, Ngemba Old Mission Billabong Program

Title

'Ngemba Old Mission Billabong Program - Building and Demonstrating Harmonious Environmental and Community Wellbeing'

Abstract

The history of the Indigenous peoples has culminated to an Australian Decision-Point: We must cease re-cycling ineffective policies for our grass-roots brothers and sisters. The grass-root family holds our peoples true, but we as peoples have left their side.

The Ngemba Old Mission Billabong Program has begun a journey to step back into a time of multi-nation indigenous incarceration, to remember and to forge new pathways forward that stay true to our compass, which our grass-roots people still instinctually keep alive. The realism of Country and grass-root peoples has for 30 years drawn Feli McHughes to find better solutions, better ways of living that allow the beauty of this trueness to be given as a gift for all.

Feli has undertaken this life’s challenge with a new program style that integrates inter-government solutions, across environmental, social and economic systems. Feli and the community has seen strong signs that his people are awakening and starting to feel hope, in this holistic grass-root driven program. It is up to us the leaders with the young developing leaders to tune-in to this natural way.

The vision of the program is: To develop the Ngemba Natural Development Method that is harmonious and culturally appropriate for Ngemba peoples in order to empower culture, sustainability, environmental custodianship and reconciliation. The anticipated outcome of this aim will re-kindle Ngemba peoples’ hope and spiritual wellbeing.

The program also seeks to breakdown the fundamental barriers that inhibit public policies, which stems from one common barrier, Two-languages, Two-peoples, Two-ships in the night. This program has the capacity to become a successful flagship for Australian Community and Environmental Wellbeing.

Biographies

Feli McHughes is currently a councillor advising the Brewarrina Local Aboriginal Land Council which is in north-west New South Wales. Previously Feli held the position of Chief Executive Officer of the Brewarrina LALC. Feli has also been involved in community development in the private sector, and worked in the building industry to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody. Feli now works to connect his people to culturally appropriate employment in the environment sector.

Jason Ford has recently become Chief Executive Officer of the Brewarrina Local Aboriginal Land Council, where he has worked for 15 years. Jason worked for two years with the Department of Primary Industries (NSW), and is now involved in land management issues in Brewarrina.

Katherine Tibbitts is a scientist specialising in Riverine Ecology and Policy, and has worked in the government and private sector. She also has a passion in developing Innovative Community Wellbeing programs in her voluntary time. Katherine, Feli and their communities are sharing a journey learning about language, knowledge, community and the environment. Katherine believes that this open and shared learning process has a power for many communities and governmental partners to source smarter solutions. It also allows improved scientific understanding of river systems, which incorporates indigenous knowledge in a true manner.

Greg McIntyre, Barrister

Title

"The Conflict between Wild Rivers and Native Title"

Abstract

This paper will address the process of enacting Wild Rivers legislation in Queensland and the declaration of wild river areas covering the basins of rivers in Cape York and the Gulf of Carpentaria and the impacts that may have upon the native title rights and interests of native title holders in those areas. It will contrast the human right in international law not to be arbitrarily deprived of property with the effect of the Queensland Wild Rivers legislation and will discuss the constitutional implications of conflicts between that state legislation and the Commonwealth Native Title Act.

Biography

Greg McIntyre SC practices at the Bar, based in Western Australia. He is an Adjunct Professor of Law, has taught Indigenous peoples and the Law at Notre Dame University since 2000 and is engaged to teach a native title course at Murdoch University in 2010. He was the solicitor for the Meriam people from 1981 to 1993 and appeared as counsel for Eddie Mabo in the High Court in 1993 and been counsel in many native title cases since. Greg was also the Solicitor for John Koowarta in the case which established the constitutional validity of the Racial Discrimination Act and has in recent times provided advice to Cape York people on the impact of Wild Rivers legislation. He has also been involved as counsel in numerous cases in the High Court and Federal Court involving the protection of Aboriginal heritage and racial discrimination, including Bropho v WA (2009), Bropho v WA (1990) and Tickner v Bropho and, on the basis of the history described, was presented with the 2009 Human Rights Law Award by the Australian Human Rights Commission.

Jodi Neale, Consultant Anthropologist

Role

Commentator: 'The lived experience of native title'

Biography

Jodi Neale is a Canberra-based consultant anthropologist of Aboriginal and Irish descent. Her areas of specialisation include native title and cultural heritage. Jodi was previously employed as the coordinating anthropologist at Yamatji Marlpa Aboriginal Corporation in the Pilbara region of Western Australia. During her six years in the Pilbara, her work included claim research, claimant liaison, strategic advice and managing research staff, and culminated in the authorship of an extensive Connection Report. As a result of this experience, Jodi developed a deep understanding of the experience of claimants and practitioners and the processes and challenges confronting the native title sector.

Simon Nish, Rio Tinto

Title

'Whose money is it anyway?'

Abstract

Indigenous Australians are securing a range of benefits, including variously governed financial benefits, under land access and resource development agreements negotiated with mining companies. The backdrop for these agreements is typically remote Australia, inhabited by rapidly growing, historically disadvantaged, Indigenous communities, where the focus is now on addressing` a history of underinvestment in social and physical infrastructure.

Rio Tinto’s agreements with host Indigenous communities establish Indigenous controlled institutions, providing both intergenerational and current community benefits, rigorous governance and a strong emphasis on benefits being applied to community and regional development.

A range of other, less robust, arrangements are being made by others and there are increasing calls by government to regulate or otherwise influence financial arrangements, including distribution decisions. While there is a strong argument that regulation is inappropriate for private commercial arrangements, the current imprecise characterisation of mining agreement financial benefit adds confusion to the debate.

While there is a broadly shared interest in rigorous governance to protect and make best use of precious financial assets, the opaqueness of charitable trust governance may not be serving this interest well. The current misalignment between policy objectives relating to tax effective intergenerational benefit, the distribution of financial benefits for community development purposes and the current tax treatment of financial benefits from mining agreements, places Indigenous communities in a conundrum. The proposed Community Development Corporation model suggests a way forward.

Biography

Simon Nish advises Rio Tinto operations on reaching and implementing agreements with local communities, particularly indigenous communities. Simon was Rio Tinto's lead negotiator for the Argyle Diamond Mine Participation Agreement, a four year process that reconciled the relationship between the mine and its Aboriginal landlords, and a created a platform for Aboriginal social and economic development.

Prior to joining Rio Tinto, Simon had a long background in native title mediation work, including five years as the Qld State Manager of the National Native Title Tribunal.

Simon’s tertiary qualifications are in law and psychology.

Dan O’Dea, National Native Title Tribunal

Tom Weaver, National Native Title Tribunal

Title

'Mediation and case management post-2009'

Abstract

Commencing in September, the Native Title Amendment Act 2009 (Cwlth) was intended (among other things) to expedite the resolution of native title determination. Focussing largely on Queensland and Western Australia, and through analysis of statistics, Court orders and hearing outcomes, this presentation examines:

the application of the amended Act to date including case management;
the practical implication of the amendments for Tribunal mediation;
how the parties have responded; and,
whether it is possible to draw any conclusions or inferences about the practical effect of the amending Act on the rate of claim resolution in the nine months since commencement.

Biographies

Dan O'Dea has been a full-time member of the National Native Title Tribunal since December 2002. Prior to his appointment to the Tribunal, Mr O'Dea was the Principal Legal Officer of the native title unit in the Ngaanyatjarra Council since 1996. At the Council he represented Indigenous people of the Central Desert in native title applications and negotiations. Before 1995 he worked as a commercial litigator in Western Australia. In 2007 Mr O'Dea was reappointed for a further five years.

Tom Weaver has worked in native title since 2003. He is currently the regional manager of the Northwest of Western Australia for the NNTT and works alongside Tribunal members to oversee the case management of claims across the Geraldton, Pilbara and Kimberley regions. From 2003 -2005 he was executive officer of the National indigenous Fishing Technical Working Group managing the negotiation and development of set of Principles which guide the development of Indigenous fishing policy and which were endorsed by all States and Territories. He maintains an interest in this area as editor of the NNTTs Indigenous Fishing Bulletin. Tom has made many presentations on native title to conferences and professional development seminars and in 2006 lectured at the University of Tennessee on the Australian native title experience.

Kingsley Palmer, Consultant Anthropologist

Title

‘God's Truth and Anthropology: early texts and contested rights’

Abstract

In my paper in the AIATSIS volume Dilemmas in applied anthropology in native title in Australia: working with the Native Title Act which is to be launched at this conference I discuss difficulties inherent in the interpretation of early texts when setting out to create ‘foundation ethnography’ – that is providing a view as to the likely nature of a pre-sovereignty society. This paper builds on the ideas developed in that paper.

Native title in Australia is often marked by substantial disputes between Indigenous parties who may lodge overlapping claims or file as respondents in a claim which they oppose. Disputes also emerge when the right of a particular individual or group to be a member of the claimant society is contested. Anthropologists are sometimes asked to provide their opinion in these circumstances with a view to resolving the disagreements.

In this paper I considering the processes and difficulties that face anthropologists when asked to provide an opinion based on their research into early texts when rights are contested between Indigenous groups. I examine likely scenarios which illustrate the complexities of a process that seeks to engage anthropology in dispute management and settlement. I define the limits of useful anthropological involvement in these circumstances. I set down a practice guide to what is possible and likely to be helpful for use by both anthropologist and those who seek to use their services.

Biography

Kingsley Palmer has worked in many areas of Aboriginal Australia including the Northern Territory, Queensland, Western and South 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. Kingsley has been involved in a number of native title claims over the last decade or more and has authored expert anthropological reports and given evidence in the Federal Court. He is currently working on or is involved in applications for the recognition of native title in South Australia, Western Australia and Queensland.

Matt Patterson, p&e Law

Rob Laird, Cape York Land Council

Elizabeth Lakefield, Traditional Owner

Title

'Joint Management of National Parks on Cape York Peninsula'

Abstract

In 2007 the Queensland government passed new legislation to allow for Aboriginal-owned and jointly managed National Parks, creating a new category of protected area known as “National Park (Cape York Peninsula Aboriginal land)”. This significant development overcame the 15-year deadlock which saw Traditional Owners on Cape York Peninsula refuse to lease their land back in perpetuity to the Queensland government, following the successful claim of National Parks on Cape York under the Aboriginal Land Act, 1991 (Qld).
This presentation will provide an overview of the history and the new arrangements including consideration of an Indigenous Management Agreement and the groundbreaking “Kowanyama Agreement” which implements community-based management through delegation of authority to a local Land & Sea Centre.

Biographies

Matt Patterson is a solicitor based in p&e Law’s Maroochydore office. For the past 9 years Matt has practiced exclusively as a native title, planning and environment lawyer working with Traditional Owners, Native Title Representative Bodies and other Aboriginal representative organisations. Matt has recently successfully negotiated major projects involving the settlement of tenure and land management arrangements between the Queensland government, native title holders and pastoralists and in 2007 was part of the Cape York Land Council team that negotiated new legislative arrangements governing the joint management of National Parks on Cape York Peninsula. Matt has extensive experience in local, State and Commonwealth environmental law, the conduct of Planning and Environment Court appeals and related planning and development law including the protection of Aboriginal cultural heritage, leasing, easements, conservation agreements, vegetation management, water and carbon rights as well as administrative law.

Rob Laird was a legal officer at the Cape York Land Council for two years until April 2010. In conjunction with a team from Balkanu Cape York Development Corporation he was responsible for assisting Traditional Owners in their negotiation of Indigenous Management Agreements and ILUAs over Cape York Peninsula national parks. Most recently, this team has successfully assisted Traditional Owners negotiate the transfer of the Errk Oykangand (Cape York Peninsula Aboriginal land) National Park near Kowanyama and the Marpa Islands (Cape York Peninsula Aboriginal land) National Park. The Errk Oykangand arrangements have established new benchmarks in Traditional Owner responsibility for management of a national park under Queensland’s Nature Conservation Act 1992.

Elizabeth Lakefield is a Traditional Owner of the Lakefield National Park in Cape York Peninsula.

Darryl Pearce, Lhere Artepe

Terry Williams, ACT Indigenous Elected Body

Brian Wyatt, National Native Title Council

Dr Kerry Arabena, Co-Chair of the National Congress of Australia’s First Peoples

Sam Jeffries, Co-Chair of the National Congress of Australia’s First Peoples

Title

'Indigenous representation and native title'

Abstract

This session will consist of a panel including: the Co-Chairs of the newly established National Indigenous Representative Body, the Chief Executive Officer of the National Native Title Council (Brian Wyatt), a representative of native title Prescribed Bodies Corporate (Darryl Pearce), and a representative of the ACT Indigenous Representative Body (Terry Williams). The panel will consider where native title fits in their representative functions, and how they represent and approach native title in their activities.

Biographies

Darryl Pearce is a member of the Central Arrernte (pronounced “Arunta”) Nation of People from the Alice Springs region. He has held a number of senior positions within Aboriginal Affairs and they include Executive Officer of the National Aboriginal Education, Employment & Training Committee (a Commonwealth Ministerial Advisory Council) Director of the Institute for Aboriginal Development (Alice Springs), Director of the Northern Land Council (Darwin), CEO of both the Noongar Land Council and The Southwest Aboriginal Land & Sea Council (Perth).

He has also been a member of numerous Territory, State & Federal Ministerial Advisory bodies including the fields of Education, Environmental & Economic development. He was also a member of the Team which negotiated the original Native Title Act with the Keating Government.

He was a member of the Board & Chairman of the Stakeholder Advisory Committee of the Cooperative Research Centre for Tropical Savannas Management, has been a Director of the Aboriginal Employment Strategy and he is currently CEO of Lhere Artepe (Aboriginal Corporation) the RNTBC for the Alice Springs Native Title Determination.

Brian Wyatt (a Yamiti man) is the newly appointed Chief Executive Officer of the National Native Title Council having recently completed 11 years as Chief Executive Officer of the Goldfields Land and Sea Council (GLSC). He has more than 30 years experience in community and government administration of Aboriginal affairs. He has worked as a senior adviser to government ministers, the public sector and NGO community bodies. Brian is a strong advocate of land justice for Aboriginal people and of using negotiated agreements, instead of litigation, for resolving native title claims, protecting indigenous heritage, and providing economic and employment opportunities. Since 2007 Brian has attended the UN Permanent Forum on Indigenous Issues as a member of the Indigenous Peoples Organisation. Brian also participates in the Minerals Council of Australia Indigenous Leadership Forum and the International Council on Mining and Metals Indigenous Peoples Roundtable. In 2003 Brian was awarded a Churchill Fellowship to research land rights and economic development in South Africa, Canada and North America.

Terry Williams was born at Narrabri, on the North West Slopes and Plains of NSW and is a proud member of the Kamilaroi Nation. Terry has broad experience in public administration, particularly in employment and training programs for Indigenous people from both national policy and program development standpoints. Terry gained a Bachelor of Arts in Administration and is currently completing a Masters of Arts in Administration by research. On resigning from the Public Service, Terry established his own consulting company. Terry was engaged by the University of Canberra as a part-time lecturer at the Ngunnawal Centre. As Acting Director of the Centre, Terry wrote, introduced and lectured in three Indigenous Study units, creating the University’s first Indigenous Study Minor.

Terry has also been involved in the early years of the Aboriginal Legal Service in NSW and the Moree Boomerangs Rugby League Club. Currently he is a member of the Capital Region Area Consultative Committee, Canberra Institute of Technology (CIT) Advisory Council and the CIT Yurauna Centre Advisory Committee as Chair. He is also a former Councillor with the Aboriginal and Torres Strait Islander Commission (ATSIC), Queanbeyan Regional Council and is the current chair of the ACT Indigenous Elected Body.

Dr Kerry Arabena, Co-Chair of the National Congress of Australia’s First Peoples is a descendant from the Meriam people from the Torres Strait. First trained as a social worker, Kerry was recently awarded a doctorate from the Fenner School at the Australian National University in Human Ecology. She has an extensive background in public health, administration, community development and research. Professional appointments range from political agencies to health services and include one of the most remote Aboriginal Medical Services in Australia, the Australian Institute of Aboriginal and Torres Strait Islander Studies and the Cooperative Research Centre for Aboriginal Health. Dr Arabena’s work has included coordinating population health strategies across northern Australia and contributions to Australia and the Asia Pacific region in cross-jurisdictional areas such as gender issues, social justice, human rights, violence, access and equity, service provision, harm minimisation and citizenship rights and responsibilities. She has also represented Australia in international forums on HIV/AIDS and climate change.
Positions held include Director of the Regional Governance Unit in the Office of Indigenous Policy Coordination; Executive Director of Sexual Health and Family Planning ACT and Reproductive Healthcare Services in Canberra; Apunipima Cape York Health Council in Queensland; and Pintubi Homelands Health Service in the Northern Territory. Dr. Arabena has also been a representative on a range of local, state and national councils and committees including chairing the International Advisory Committee for Sexual Health and Family Planning Australia, the National Indigenous Australians Sexual Health Committee and as the Chairperson of the ACT Healthpact Health Promotion Board.

Sam Jeffries, Co-Chair of the National Congress of Australia’s First Peoples, is a proud member of the Murrawari nation from north-west NSW and southern QLD and was born and raised in Brewarrina NSW. Active in Indigenous Affairs for more than 25 years, Mr Jeffries has worked in the cotton, hotel and meat industries, in the public service and in a range of community organisations including Barriekneal Housing and the Community Development Employment Program in Lightning Ridge. Over the last six years as the Chairperson of Murdi Paaki Regional Assembly in Western NSW he has been a strong advocate for Aboriginal self-determination, leadership, land rights, community planning and development and better health services.
Mr Jeffries has an extensive history of holding publicly elected positions and these include - Councillor on the Walgett Shire Council and five consecutive terms as an ATSIC Regional Councillor and three as Chairperson. Other commitments include appointment to a range of national, state and local committees and bodies: Deputy Chair of the Indigenous Land Corporation, Chair of the National Centre for Indigenous Excellence, Chair National Aboriginal Sports Corporation, member of the NSW Aboriginal Trust Fund Repayment Scheme, Western Catchment Management Authority of NSW. Previous roles include Board Member of the NSW Aboriginal Housing Office, Chair of the National Forum of ATSIC Regional Chairpersons and Chair Barwon Darling Alliance, an alliance between Murdi Paaki Regional Assembly and five Local Councils.

Darryl Pearce, Lhere Artepe

Title

'The Mt John Valley Indigenous Land Use Agreement – Selling or Buying our Future?'

Abstract

In 2009 Lhere Artepe signed an ILUA with the Northern Territory Government over a new land release in the Mt John Valley, in the middle of Alice Springs, which is subject to a determination of native title . The purpose of the ILUA is to provide consent for a Crown Lease over part of the agreement area and the surrender and extinguishment of native title rights and interests over the whole of the agreement area. As part of the agreement, Lhere Artepe is developing the first 40 blocks at Mt John’s in return for waiving native title rights over the land; they also have first option on the remaining 40, which they would buy from the government as undeveloped freehold at a price set by the Valuer-General. While surrendering native title is always a difficult process, this deal provides an opportunity for the native title holders of Alice Springs to enter into a commercial enterprise that could yield significant financial benefits over the long term. This presentation will review the process that lead to the ILUA and the progress of the project. Looking forward, the presentation will reflect on the aspirations that Lhere Artepe have for the income generated from the Mt John project and how this fits with the broader vision for how native title and the PBC will operate in Alice Springs in the future.

Biography

Tim Pilbrow, Consultant Anthropologist

Title

‘Embracing our Hallmark Latencies: On Centring Anthropological Practice’

Abstract

The key issue identified by Sansom in his critique of the Yulara judgment and echoed in subsequent peer critiques of Sansom’s position is the problem of ‘translating’ anthropological expertise and the particular insights it affords into terms and modes of expression acceptable in native title jurisprudence. This paper outlines ways in which a critical, reflexive articulation of our own latent practices of reading and writing can enhance both our practice and the respect accorded to our research.

Uncovering latent aspects of social and cultural systems and explicating their relationship to consciously articulated rules is a hallmark of our discipline and what distinguishes our work from mere descriptive writing. Clear articulation of the grounds upon which we do so can only be beneficial to our writing.

Our training schools us in particular ways of reading and writing. How we craft arguments and the rhetorical devices through which we establish our preferred readings need articulating. In regard to early ethnographic writings we need to present clear ethno historical critique incorporating both historical contextualisation and grounded re-evaluation (in the light of disciplinary advances in methodology and theory) of the fit between positions argued and data presented. We have grounded misgivings regarding some early ethnography. We also have a far more extensive toolkit and comparative base than our predecessors. We need to foreground this in our presentation of argument in favour of a particular reading of early materials. This paper explores these issues through examples from early ethnographic texts.

Biography

Tim Pilbrow has worked as a senior anthropologist at Native Title Services Victoria since October 2006 after several years teaching anthropology at universities in the USA. He received his M.A and Ph.D. in sociocultural anthropology from New York University, and his B.A. in Slavic languages, social anthropology and linguistics from Monash University. His doctoral dissertation research was on changing conceptualisations of national identity in post-1989 Bulgaria as seen from the vantage point of the secondary-school history classroom. He has ongoing research interests in the poetics of social and cultural practices, the reproduction of social identities, and history as a means to objectifying identity.

Anne Poelina, Nyikina Claimant Group

Title

'Yimardoowarra Marnin, (Woman from the Lower Fitzroy River) lived experience and world view of being a "native" woman championing title'

Abstract

Dr Poelina will present her lived experience and world view of being a native woman championing title. The presentation questions how her sovereign people, continue to live on kandri, speak language, and wait quietly as more of the named applicants “pass away” and the year rolls on into a 14 year of continuing uncertainty and the reassurance that “ its all very close now”. While the negotiators continue the legal right dialogue Nyikina Mangala traditional owners are focused on building their leadership and governance capacity around a Culture Conservation Economy. This economic right is grounded in the meaning and practice of their ongoing native title rights and access to their lands, waters and natural resources.

Biography

Dr Anne Poelina Master of Public Health and Tropical Medicine, Master of Education, Master of Arts (Indigenous Social Policy), Doctor of Philosophy, is a Nyikina Traditional Owner of the Mardoowarra (Lower Fitzroy River). She is the Managing Director of Madjulla Inc., an Indigenous not-for-profit non-government organisation based in a remote Kimberley Aboriginal community. Her experience over 30 years includes remote area nursing, academic and community education and training, Australian language maintenance, Indigenous publishing, empowerment evaluation and research consultancy.

Anne brokers community action and participation programs for government, philanthropic and Indigenous communities in an effort to promote a prosperous shared future for northern residence and reducing the impact of Indigenous disadvantage, violence and injustice. Most recently, her committee work has been facilitating dialog between pastoralists, irrigators, government, research and education institutions and Traditional Owners to generate constructive dialogue about appropriate development in Northern Australia.

Sarada Rao, Queensland South Native Title Services

Title

'Knowledge Management Services at QSNTS'

Abstract

Efficient Knowledge Management is essential for smooth operations at Queensland South Native Title Services.
Information Resources at QSNTS support broad themes of Governance of Native Title Land, Land Settlements and Native Title Agreements. These resources include documents and records pertaining to Legal Native Title Claims such as

Claim documents with details of different parties involved
Research Material ( Maps, Genealogy, History, Anthropology, Archaeology)
Relevant Applicant , Claimant, Respondent Contact details
Past and Current Correspondence
Court Proceedings (including session transcripts / decisions)

For the Past 18- 20 months information organisation and information management needs were analysed, leading to implementation of TRIM which is an Electronic Document and Records Management System (eDRMS). TRIM was implemented to enhance the utility of information held by QSNTS through

Systematic BCS (Business Classification Scheme which is also linked to retention & disposal schedule of information)
Archival of Physical resources
Selective search Functions
Controlled Access
Policies for addition and deletion of Corporate information

The presentation will focus on essential features of TRIM system operational issues in implementing TRIM across QSNTS locations, cultural / behavioural approaches to Knowledge Management and user- specific training needs. In conclusion the presentation will discuss QSNTS knowledge management plans and options into the future.

Biography

Sarada Rao joined Queensland South Native Title Services in October 2009 as ‘eDRMS & Information Resource Administrator’. Her educational qualifications include Masters in Information Management from QUT, Brisbane. Her role is to provide user training support and day to day management of all aspects of Total Records and Information Management (TRIM) system, archival functions, developing and advising on information policies, procedures and oversee system configuration needs for QSNTS.

Greg Roche, FaHCSIA

Title and Abstract

TBA

Biography

Greg Roche is the Branch Manager, Indigenous Programs in the Department of Families, Housing, Community Services and Indigenous Affairs. He holds Laws and Arts degrees from the University of Melbourne, an MBA from Deakin University and a Masters of Laws from the ANU. Greg has been a criminal lawyer, a human rights lawyer and a legal adviser. He has worked for the Australian Government in the Department of Prime Minister and Cabinet, the Australia New Zealand Food Authority and the Department of Health and Ageing before joining the then Office of Indigenous Policy Co-ordination in 2005. His Branch is responsible for native title representative body policy in FaHCSIA and administering funding for NTRBs, PBCs and NTRB capacity building as well as policy and funding in relation to a number of Indigenous-related activities.

James Rose, NTSCorp

Title

'The problem with lineality in claim group descriptions: Why social networks are a better way of modelling traditional land tenure in South-Eastern Australia'

Abstract

Native title claim group descriptions based on linear cognatic descent from known apical ancestors are the norm in SE Australia. This form of lineality presents significant problems for the effective and efficient lodging and processing native title claims, both for claimants, respondents, the court and the tribunal. Such problems include disputes within claimant groups about which members are descended from which ancestors; specifying the identities of temporally distant ancestors using often unreliable data; showing consistent genealogical connection between ancestors and living clam group members, and; showing that a claimant group constitutes a single society. By contrast, social network modelling of living population shows quickly and reliably how and where cohesive genealogical communities exist and to what extent they exhibit consistent physical association with specific geographic regions. Such quantifiable analysis is amenable to error-testing by independent experts.

Biography

James Rose has worked with the NTSCorp, the sole native title service provider for NSW and the ACT, in the Research Unit since 2005 where he is responsible for anthropological research in the Central-West of NSW between the Great Dividing Range and Darling River. Prior to working at NTSCorp James worked for the Aboriginal Areas Protection Authority across the southern part of the Northern Territory. He is currently a PhD candidate with the School of Population Health at the University of Melbourne.

Mark Rumler, Torres Strait Regional Authority

Sopie Marjanac, Torres Strait Regional Authority

Title

'Normalisation, administrative practice and native title'

Abstract

The TSRA combines a funding function as well as the current native title representative body function. In combining these functions the TSRA is unique in that it offers the opportunity for the representative body aspect of its functions to engage with the administrative funding aspect of its functions. It is a regional development body. It offers an opportunity to engage and develop integrity in administrative decisions for publicly funded infrastructure works on native title land and seas to realise the principle of normalisation. Normalisation in the sense used here is short hand for the process matters related to determining applicable compensation within administrative processes for the cost of use of land. It is usually appreciated in every context other than native title rights to land that budget allocation decisions related to infrastructure development need to identify the costs associated with land use and acquisition. Normalisation as suggested in this paper does not refer to the principles applicable to valuing native title land rather it is meant to highlight when such principles are to be applied for the purpose of negotiations. Future act processes are triggered by the sufficiently formed intent by a proponent to undertake an act which implies or is taken to imply that decisions regarding budget allocation have been made, budgets established and the clock runs on such allocations. This paper explores pushing the native title process back into Departmental budget allocation decisions per se in the context of provisions of a currently in-negotiation Infrastructure ILUA. The TSRA/Qld State Government joint funded Major Infrastructure Program (MIP) will be used as an example of the administrative funding process and the way in which Native Title could potentially be integrated into that process. This is highly relevant in the Torres Strait but may also apply to all government proponents nationally.

Biographies

Mark Rumler is the Principal Legal Officer at the Torres Strait Regional Authority on Thursday Island. He is also currently completing a MSc in Development Management at the London School of Economics. He previously spent 9 years at the Northern Land Council, representing traditional owners in the negotiation of complex conjunctive exploration and mining agreements. He was the recipient of the Aurora Project’s Rio Tinto NTRB Scholarship in 2006 and completed an LLM in Minerals Law and Policy. As part of this degree, he also spent 6 months in Peru as an intern for Rio Tinto, an experience which gave him an appreciation of the importance of the principle of free prior and informed consent.

Sophie Marjanac is the paralegal at the Torres Strait Regional Authority. Sophie graduated from the University of New South Wales in 2009 with a Bachelor of Laws (Hons) and a Bachelor of International Studies. She was the student editor of the Indigenous Law Review in 2008, sparking an interest in native title. She completed a 5 week Aurora Project Internship at Cape York Land Council in 2009.

Kevin Smith, Queensland South Native Title Services

Title

'Death by a thousand cuts: the impact of incremental, uncoordinated legislative and administrative reform on native title claimants'

Abstract

This paper will: review the jurisprudential, legislative and administrative factors that entrench positional bargaining and power imbalances: the real cause for long delays and wasted resources; outline the need to go beyond the rhetoric of interest-based negotiation methodology to create fair and just native title processes along the negotiation – implementation continuum; and recommend an integrated legislative and administrative reform programme to facilitate attitudinal change that will address chronic failure in the native title system.

Biography

Kevin Smith is a descendant of the Meriam Peoples of the Torres Strait and has traditional connections to Ugar (Stephen Island) and Erub (Darnley Island). Kevin holds a Bachelor of Laws degree from The University of Queensland along with management qualifications from The University of Queensland’s Graduate School of Management. He was admitted as a solicitor of the Supreme Court of Queensland in 1994.

Kevin has over fifteen years experience working in Indigenous affairs in senior management positions including: chairperson and chief executive officer of the Brisbane Aboriginal and Torres Strait Islander Legal Service; Queensland State Manager of the National Native Title Tribunal; chief executive officer of Queensland South Native Title Services Ltd; and Deputy Chairperson of the National Native Title Council Ltd.

Kenny Saunders, Gunditjmara, Victoria

Ned David, Torres Strait, QLD

Gwen Hickling, Bundjalung, NSW

Tom Trevorrow, Ngarrindjeri, South Australia

Carly Jia, FaHCSIA

Panel Discussion Title

'A World Away – International Repatriation of Ancestral Remains'

Abstract

The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), through its International Repatriation Program, is the lead agency for the Australian Government for the return of Australian Indigenous Human Remains from overseas collections.
Museums from across the world possess material culture from many Indigenous communities from around Australia. Human remains are abundant in those collections. The repatriation of Indigenous human remains is a sensitive but necessary issue. Aboriginal and Torres Strait Islander people have a strong belief that if their people’s remains are not in their country then their spirits are left wandering. There is a strong cultural and spiritual attachment to the place where such remains are laid to rest so the issue of reburial is sensitive for communities. Access to land for reburial is one of the primary impediments.

A select panel of speakers from the Torres Strait (QLD), the Gundtijmara community (VIC) and several others will give us a strong national view of repatriation. We envisage the session to be closed to an Indigenous audience only due to its sensitive nature.

Biographies

Kenny Saunders, Gunditjmara, Victoria

Ned David, Torres Strait, Qld

Gwen Hinkling, Budjalung, NSW

Tom Trevorrow, Ngarrindjeri, South Australia

Carly Jia (Facilitator), Department of Families, Housing, Community Services and Indigenous Affairs

Wally Stewart, Arakwal RNTBC

Yvonne Stewart, Arakwal RNTBC

Title

'Caring for Country in Partnership'

Abstract

From a landmark win in Australia in 1992 by Eddie Mabo and his Native Title claim it opened the door for the lodgement of a Native Title Claim in the iconic lands of Byron Bay Northern NSW. It provided for the Aboriginal community an opportunity to enter into negotiations with State Government to manage Country and have a real say in how Country is managed. The Arakwal Bundjalung People of Byron Bay began a journey to preserve, protect and live on their country in and around the areas of Byron Bay in 1992. In 2001 the Bundjalung of Byron Bay Aboriginal People signed an agreement which saw the Arakwal National Park created, being the first national park to be created by an Indigenous Land Use Agreement under the Native Title Act and to be managed as a Joint Managed National Park. 2007 for the Bundjalung of Byron Bay Aboriginal People finally saw the completion of the Indigenous Land Use Agreement (No 2 & 3) being finalised and implementation of this agreement is currently underway. The presentation gives you an over view of how Aboriginal people and State Government can work together to achieve ground braking results through Native Title to maintain their Traditional Lands and reconnect people to Country.

It also highlights the skills Aboriginal people have learnt to take care of their Country and be employed on there own land.

Biographies

Yvonne Stewart is an Aboriginal woman from Bundjalung of Byron Bay on the far North Coast of NSW. CEO of the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) for the last 13 years. Yvonne is a Claimant to the Bundjalung of Byron Bay Aboriginal Native Title Claim in Byron Bay. Yvonee is Chairperson on the Cape Byron Headland Reserve Trust Board since 1998, Chairperson of Arakwal National Park since 2001, a board member of the NSW Environmental Protection Authority for the last four years, a board member of the NSW Marine Parks Advisory Council for Department of Environment and Climate Change (DECC) and previously Chaired the DECC State Aboriginal Cultural and Heritage Advisory Committee for 3 ½ years and a mother of 6 and a grandmother of 1.

Wally Stewart is a Gunai/Yuin man from Narooma on the south coast of NSW and Lake Tyres in Victoria, Wally being a former fisherman, Coordinator in Sexual Health, Police Liaison Officer, working with youth and community on both a Government and Community level. Wally is the first Aboriginal Senior Field Supervisor in the State of New South Wales and currently oversees all field staff within the Byron Coast Area National Parks, and holds many duties beyond Supervisor and field officer duties.
Wally was instrumental in engaging Aboriginal field officers in Whale disentanglement, guiding the first Aboriginal dive team in a Marine Park in NSW, presenting and representing the DECC in Aboriginal employment training and partnerships.

Lisa Strelein, AIATSIS

Title

'The Year in Review'

Abstract

The Year in Review is an annual feature of the Native Title Conference. This presentation provides an opportunity to reflect on the achievements over the last twelve months, the key determinations and agreements reached and key policy shifts and developments.

Biography

Lisa Strelein is the Director of Research Programs, including the Native Title Research Unit, at AIATSIS. Lisa has made a significant contribution to academic debate on native title in Australia, including her book Compromised Jurisprudence: Native Title Cases since Mabo, now in its second edition. Lisa is on the Executive Board of AIATSIS and takes a strong interest in the internal governance of the Institute. Lisa is the convenor of the annual National Native Title Conference, which remains the leading annual Indigenous policy conference in Australia. She has degrees in Commerce and Law and was awarded a PhD, for her thesis examining Indigenous sovereignty and the common law, from the ANU Research School of Social Sciences in 1998. Lisa is an Adjunct Professor with the College of Law and National Centre for Indigenous Studies at the Australian National University.

Rebecca Stubbs, Family History Unit, AIATSIS

PJ Williams, Family History Unit, AIATSIS

Abstract

The AIATSIS Family History Unit assists anyone of Indigenous heritage with their family history research. The Unit specifically assists Link-Up Caseworkers in tracing families and arranging reunions for Indigenous people who are members of the Stolen Generations; however, many Indigenous people use the facilities of the AIATSIS Family History Unit in many ways. Members of the Unit will lead a discussion about aspects of family history research and will exchange ideas with Talking Circle participants.

Biographies

Rebecca Stubbs is the Senior Family History Officer of the AIATSIS Family History Unit. She is of Weilwan and Bidjara descent and her people are from Warren in Central West NSW and also from Charleville, QLD. Working in the Family History Unit, she feels privileged to be able to make a real, meaningful difference to her people. Her own family has been touched by the past removal policies and she is pleased to be able to help Aboriginal and Torres Strait Islander people to rediscover who they are and where they are from.

PJ Williams has been working in the AIATSIS Family History Unit since 2005. He is of Ngunnawal and Wiradjuri descent and was born in Canberra. His mother comes from Condobolin in Central NSW and his father comes from Cowra. He finds it wonderful and exciting to help Aboriginal and Torres Strait Islander people find information about their families. He has just completed his Certificate IV in Training and Assessment. He hopes to pass the knowledge on to his kids and the younger generations.

Patrick Sullivan, AIATSIS

Title

'COAG, Normalisation, Land tenure and the NPA on Remote Indigenous Housing'

Abstract

Shortly after taking office in 2007 the Rudd Labor government introduced the Intergovernmental Agreement on Federal Financial Relations. This set a new framework for Commonwealth funding of state-delivered services – National Agreements and National Partnership Agreements. This paper describes the National Indigenous Reform Agreement and its subsidiary National Partnership Agreement on Remote Indigenous Housing. It suggests these agreements fulfil a long-term objective, pursued by the Council of Australian Governments, to ‘normalise’ remote Indigenous communities, moving away from service delivery by community-controlled organisations and increasing the involvement of mainstream state government agencies following their standard procedures. The National Partnership Agreement on Remote Indigenous Housing is an example of this policy turn. It requires state governments to take new housing under the control of their public housing agencies, to ultimately take control of municipal and essential services in remote settlements, to control tenure of housing land, and to administer housing under standard tenancy arrangements. This paper suggests that normalisation in these terms is neither practical nor desirable. It unnecessarily increases the complexity of land tenure arrangements, particularly where native title exists; it adds a layer of bureaucracy that has little expertise in remote area housing; it is inflexible in complex cultural circumstances; and it can tend to further marginalise Aboriginal people by reducing them to the status of ‘clients’ and ‘tenants’ on their own lands. The paper proposes direct Commonwealth funding of adequately supported local and regional housing associations as an alternative.

Biography

Dr. Patrick Sullivan is an anthropologist who has studied the interaction between indigenous and non-indigenous systems of governance since his introduction to the Kimberley region, West Australia, in 1983. Much of his professional life has been spent with independent Aboriginal organisations where he has carried out land studies, contributed to native title cases and been involved in related policy development. He has worked for indigenous groups at United Nations forums. He is the author of numerous scholarly articles and practical reports on Indigenous issues and the book All Freeman Now: Culture, Community and Politics in North West Australia. He is Research Fellow in Indigenous Regional Organisation, Governance and Public Policy at AIATSIS and adjunct Professor at the National Centre for Indigenous Studies (ANU).

Cameron Syme, Latro Lawyers

Title

'Regional Benefits Sharing – Nation Building Through Native Title Negotiations to Ensure Legacies for Future Generations'

Abstract

Some native title negotiations are more successful than others. These agreements tend to deal with broader issues and Traditional Owner interests in a more holistic manner. This paper will draw on the speakers personal experiences as well as considering various models adopted in negotiations in Australia and overseas and extrapolate the factors that build success. The paper will consider current issues in relation to dealing with demands for regional benefits sharing models to be implemented and for regional impacts of major resource developments to be taken into account. The paper will consider various case studies as well as looking at steps that NTRB’s, Government and Resource Companies can adopt to build long term successful outcomes that leave a positive legacy for future generations.

Biography

Cameron Syme has been a director of Latro Lawyers in Western Australia since 2004. Cameron is currently briefed as the Kimberley Land Council’s (KLC) lead negotiator working for the KLC and the Traditional Owner Negotiation Committee in relation to Traditional Owner interests in the Browse Kimberley LNG Development in the vicinity of James Price Point. Cameron has been working for the KLC and Kimberley Traditional Owners on a number of resource matters since 2004. These include the Coyote Gold Co-Existence Agreement; the Koolan Island Co-Existence Agreement; the Kimberley Nickel Co-Existence Agreement; the KLC Inpex Agreements, the KLC LNG Traditional Owner Taskforce, and the 2009 LNG HOA. Before this time he was Legal Counsel and Corporate Counsel for Shell Development Australia in upstream energy and before that a lawyer at a top tier law firm in Melbourne and Perth. Cameron has also been involved in negotiations acting for Traditional Owners in the Torres Straight and Queensland in relation to the proposed PNG-QLD Pipeline. Cameron advocates a negotiation process that is inclusive and sees Traditional Owners actively engaged. Cameron holds a Bachelor of Commerce and a Bachelor of Laws, with First Class Honours, from Murdoch University.

Leon Terrill, University of New South Wales

Title

'Indigenous land reform: finding alternatives to the "Hobson's choice"'

Abstract

Since 2005, there has been considerable government activity in the area of Indigenous land reform particularly at a Commonwealth level. The paper will provide an overview of recent reforms, and present the argument that those reforms have been dominated by the acquisition of ‘secure tenure’ by government departments. Despite the rhetoric of governments, this is a reform for bureaucratic rather than economic purposes.

The focus on using Indigenous land reform to provide secure tenure for government departments is unique to Australia. A substantial body of international literature describes a number of alternative ways of approaching the issue of Indigenous land reform. While there is a divergence of views, in general terms the approach to land reform has become more nuanced over time. It is now commonly recognised that land reform involves risk and does not always lead to improved outcomes, such that careful consideration is required about when, and whether, reform should be attempted.

In the Australian context, this raises two significant issues. Firstly, what is the real aim of land reform? Aims other than the current bureaucratic aims of governments must be considered, including community development aims. Secondly, who should decide? This raises issues around the role of central governments, governance more generally and the relationship between community members and native title holders / traditional owners.

Biography

Leon Terrill is undertaking a Masters by Research at the University of New South Wales, with the support of a postgraduate scholarship from the Lionel Murphy Foundation. His research focuses on Aboriginal land reform in the Northern Territory. He previously worked as a senior lawyer with the Central Land Council and has published in relation to township leasing and Indigenous land reform more generally. Leon was a contributing consultant for the chapter on land reform in the 2009 Native Title Report, and currently also lectures in property law at the University of New South Wales.

Francis Walker, Jabalbina Yalanji RNTBC

Kate Sullivan, Kate Sullivan & Assoc.

Title

‘Jabalbina Yalanji; post determination experience’

Abstract

In 2009 Jabalbinna commissioned an independent assessment of the organisation. This provided an opportunity to reflect upon the complexity of the role and resource implications of a PCB which is also a Lands Trust and which manages land and native title responsibilities in an area which is designated as World Heritage. The organisation is also responsible for implementing 15 complex Indigenous Land Use Agreements.

Biographies

Francis Walker is the current chair of Jabalbina Yalanji Aboriginal Corporation. Francis belongs to the Yalanjiwarra and Kuku Nyungkal clans of the Eastern Kuku Yalanji People and lives near Wujal Wujal. Francis is a founding member of the board and runs a successful local tour company with her family.

Michael Friday is a founding member of the Jabalbina board, now retired. Michael belongs to the Kuku Nyungkal clan of the Eastern Kuku Yalanji People. He lives in Townsville, away from Yalanji country and has found it a great privilege and learning experience to come back to country and learn more about his culture and language as he served on the Jabalbina board.

Kate Sullivan holds an honours degree in Anthropology (University of Sydney) and an MBA (AGSM). Kate’s early career was in the field of cultural heritage management in which she worked for 15 years. Since the late 1980’s Kate has run her own consultancy working as a facilitator, strategic planner, social researcher and evaluator. Kate has specialised in community and organisational development, policy development and planning, mediation and senior level strategic planning. Kate has managed many national projects. Much of Kate’s work has been with Aboriginal organisations and communities and in Indigenous policy areas. Kate’s company uses a participatory approach, assisting clients to develop clarity and vision and ensuring this is supported by practical implementation strategies that develop client capacity. Kate is currently a Research Scholar at the Centre for Aboriginal Economic policy research undertaking PhD research on Indigenous relations with the justice system in NSW.

James Weiner, Consultant Anthropologist

Title

'The Murchison-Gascoyne Tribal Boundaries Project: Implications for the Evolution of Research Strategies in Native Title'

Abstract

In the mid-west some years back, the Murchison-Gascoyne Commission of Elders conducted a wide-ranging regional consultation on tribal boundaries and eventually produced a map and a report. They held meetings at all the towns of the region-- hundreds of Aboriginal people were involved including virtually all the recognized people of status from the various language groups of the Murchison and Gascoyne region.

The first question is, why couldn't the State of Western Australia have simply accepted the boundaries as submitted and leave the NTRBs and consultant anthropologists to just concentrate on the law and custom and continuity issues in their reports (plus the details of sites in each application area)? Another question would have been, in a different world, would such reports have even been necessary once there was broad agreement by Aboriginal people on the boundary issue? That is, if in places such as Western Australia, all the Developers really want out of this process is certainty of membership (and if this is most important consideration for the State itself), would not a broad-based agreement with documented popular participation such as the Murchison-Gascoyne Tribal Boundaries project be sufficient? Or would discussions about membership be too contentious to deal with at such venues and would need to be left individually to the consultant researchers?

This paper considers the role more broadly both of regional agreements, both official and non-official, and the ability of claimants to manage and contribute to their research outcomes in different ways in Native Title. It compares the Murchison-Gascoyne Tribal Boundaries project with other areas in Australia where such regional boundary projects would be both possible and useful.

Biography

James Weiner received his PhD in anthropology from ANU in 1984 and has taught anthropology at ANU, University of Manchester, University of Adelaide and currently at the University of St. Andrews. He has worked extensively in Papua New Guinea since 1979, including, since 1999, as a consultant anthropologist in the PNG oil and gas project. Since 1998 he has been a full-time consultant anthropologist in native title and has also conducted research in Aboriginal heritage.

Karen Williams, University of Canberra

Title

'Reconceptualising Ngunawal territory as land, water, heritage and country'

Abstract

Since Mabo 2, research on Native Title has increasingly focused on the material dimensions of territory. The current focus is on defining the boundaries of ‘place’ as lines on maps and on the material connection of people to places between those lines. The narrative of territory has shifted away from the cultural signals and symbols of Aboriginal Australians, towards Western material values. Given our original perception of Australia as Terra Nullius was so badly flawed, I have challenged the perceptions and ways of knowing that led to it. I work toward a genuine transcultural spatial narrative.

The Ngunawal Elders taught me that ways of knowing territory depend on recognising the different emphasis generally placed on the interaction of personal and environmental space by Westernised culture compared to Ngunawal culture. Differences in perceived boundaries between mind, body and environment are key to this varying emphasis. This caused me to rethink the role of researcher and the meanings of territory, line, space and boundaries. I discuss those redefined concepts and permeable boundaries with reference to Tindale’s 1974 map of tribal boundaries, which became a catalyst in my creation of a transcultural perspective (endorsed by the Ngunawal Elders) of Ngunawal territory.

Biography

Karen Williams was born in Sydney, NSW in 1959, of Scottish and German ancestors who immigrated to Australia in the 19th century. She has worked with Ngunawal Elders Don and Ruth Bell for about 15 years. Karen’s paper reflects the results of a research project during her doctoral studies, in which she interacted with Elders working with Ngunawal culture. She focused on stepping outside the learnt responses of her own cultural perception. She created three different spatial narratives (two guided by the Elders and then one unguided) to create a transcultural perspective of Ngunawal land and its waters. These spatial narratives were summarised as a diagram of Ngunawal territory. Elders recently informed Karen that her findings generally accorded with their own map indicating the success of her project.

Phillip Williams, Plan B Trustees

Commentator - 'Managing payments: self regulation or government intervention'

Biography

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. With ten years of experience in the area, Phillip has a strong understanding of the issues faced by claimant groups when it comes to managing benefits. Phillip has a Certificate in Small Business Management, Diploma of Business Management and Graduate Certificate in Indigenous Studies form Curtin University. Phillip has worked for the law firm Freehill Holingdale and Page followed by two years with the Australian Securities and Investments Commission. Phillip has been working in the area of Native Title Trusts with Plan B for the last ten years.

Phillip's experience has led to the creation of some innovative customised products aimed at addressing the concerns of his Native Title Trust clients. These concerns mainly relate to taxation, investment, governance and equity for claimant groups and commercial entities.

Murandoo Yanner, Carpentaria Local Aboriginal Land Council

Title

'Housing and community development'

Abstract

Murandoo will be speaking about housing and community development in the Gulf Region of western Queensland.

Biography

Murandoo Yanner is a representative of the Carpentaria Local Aboriginal Land Council which is an NTRB in western Queensland. Murandoo is from the Gangalidda people.

Home

Program

Registration

Media & Sponsorship

Quick links

Download

Abstracts and Biographies

KEYNOTE SPEAKERS:

Lars-Anders Baer

'The Sámi people in the outmost North - the people in the twilight zone'

Shana Manson, First Nations Summit

'Reconciling Aboriginal Title and Rights with Asserted Crown Sovereignty, the Modern Day BC Treaty Negotiations Process'

SPEAKERS’ ABSTRACTS AND BIOGRAPHICAL NOTES

Kerry Arabena, National Congress of Australia’s First Peoples Sam Jeffries, National Congress of Australia’s First Peoples

‘The National Congress of Australia’s First Peoples’

Graham Atkinson, Victorian Traditional Owner Land Justice Group

Gary Howell, Department of Sustainability and Environment

Chris Marshall, Native Title Services Victoria

Keryn Negri, Department of Justice

'Implementing the Victorian Native Title Settlement Framework – 12 months on…'

John Avery, Dept Environment, Water Heritage and the Arts

Nolan Hunter, Kimberley Land Council & National Native Title Council

Megan Brayne, Northern Land Council

'Proposed Reforms to the Commonwealth Indigenous heritage laws'

Manuhuia Barcham

'Native title - post-settlement: what do we do with all of these rights now we’ve got them?'

Toni Bauman, AIATSIS

'Serendipity is not Enough!!! State and Territory Native Title Connection Processes and the presumption of transformation'

Toni Bauman, AIATSIS

Chris Haynes, Consultant

'Joint Management across States and Territories: towards a national framework'

Michael Bennett, NTSCORP

'Where does history fit?'

Anthony Beven, Office of the Registrar of Indigenous Corporations

'Strengthening governance in PBCs'

Damien Bidjara-Barnes, NTSCorp (Commentator)

Peter Jeffries, Yamatji Marlpa Aboriginal Corporation

'Governance in the Native Title Context: Current work of the Joint Working Group on Indigenous Land Settlements'

Robert Blowes

'Some recent legal and practice developments in native title'

James Bon, Mer Dowar Waier Corporation

Aven Noah, Mer Gedkem Le

Doug Passi, Mer Gedkem Le

'From Freezer to Freedom – A short history of infrastructure on Murray Island post Mabo'

Libby Bunyan, Dept Families Housing, Communities and Indigenous Affairs

'Proposed PBC regulations'

Marcelle Burns

'Power to the People: A new view of society in native title law'

Nick Burrage, Australian Human Rights Commission

Jackie Hartley, Australian Human Rights Commission

'Embracing the UN Declaration on the Rights of Indigenous Peoples'

Blair Comley, Department of Climate Change and Energy Efficiency

'Indigenous communities and carbon market opportunities'

Valerie Cooms, Quandamooka Native Title Claim Group

Tony McAvoy, Barrister

'Are we there yet? A glimpse of Quandamooka peoples' journey through the Native Title Process'

Vince Coulthard, Adnyamathanha Traditional Lands Association

'Native Title – our way: Keeping culture strong through the Native Title process'

Judge Craig Coxhead, Waitaingi Tribunal

Judge Layne Harvey, Waitaingi Tribunal

"The Foreshore and Seabed Act 2004 - Where to now?"

Lee Darroch, Gurranyin Arts

Vicki Couzens, Hissing Swan Arts

'Connecting to Country through art'

Bryn Davies, Department of Justice - Victoria

'Can native title (still) offer a platform for self-determination and human rights?'

Kim de Rijke, Consultant Anthropologist

Tony Jeffries, Consultant Historian

'Cherbourg 1934: Reading Caroline Tennant-Kelly's fieldwork'

Mick Dodson, AIATSIS and ANU

'United National Permanent Forum on Indigenous Issues – Recent Developments'

Patrick Dodson, Chair of the Kimberley Institute Ltd. and Director of Nyamba Buru Yawuru Ltd. David Lanagan, Director of Land at the Department of Indigenous Affairs Jo Franz, Director of Heritage and Culture at the Department of Indigenous Affairs

‘Truth or Dare: honesty and pragmatism in negotiating a comprehensive native title agreement in Broome.’

Joe Edgar, Karajarri Traditional Lands Association

Jessica Weir, AIATSIS

'The social relations of a PBC in an Aboriginal community town'

Virginia Falk, Solicitor

'Beyond Native Title: The "rights" response to social justice and the conceptual problems of resource development'

Joe Fardin, AIATSIS

'Knowledge management, native title and the NTRB agreement precedents project'

Kerry Arabena, National Congress of Australia’s First Peoples
Sam Jeffries, National Congress of Australia’s First Peoples

Patrick Dodson, Chair of the Kimberley Institute Ltd. and Director of Nyamba Buru Yawuru Ltd.
David Lanagan, Director of Land at the Department of Indigenous Affairs
Jo Franz, Director of Heritage and Culture at the Department of Indigenous Affairs