MoU moves Qld native title forward - - National Native Title Tribunal
PORTFOLIO: Attorney-General's
URL: http://www.nntt.gov.au/news-and-communications/media-releases/pages/mou_moves_qld_native_title_forward.aspx
SNIPPET: Negotiations on two native title applications from the Bularnu Waluwarra and Wangkayujuru people of north-west Queensland took a step forward today with the signing of a memorandum of understanding (MoU) with councils in the region. Future discussions, which also involve the applicants' native title service provider (Queensland South Native Title Services), will look at possible benefits for the parties, such as agreements giving councils use of some land for public purposes and protection for cultural heritage sites. The native title applications are the Bularnu Waluwarra and Wangkayujuru People 1, filed on 6 February 1997 for 22,194sq km of land in the Boulia, Cloncurry and Mt Isa local government areas.

Closing the gap for Indigenous families in Queensland
PORTFOLIO: Education, Employment and Workplace Relations
URL: http://www.deewr.gov.au/ministers/ellis/media/releases/pages/article_091104_134949.aspx
SNIPPET: The Federal Minister for Early Childhood Education and Child Care Kate Ellis and Queensland's Premier Anna Bligh today announced ten new Children and Family Centres for Queensland. The ten centres will target the needs of Indigenous families and their young children, but all families will be able to use the centres. Children and Family Centres are a hub for services that help children and their families develop in terms of health, education and social interaction.

TITLE: Minister Welcomes Launch of New Urban Indigenous Health Institute
PORTFOLIO: Health and Ageing
URL: http://www.health.gov.au/internet/ministers/publishing.nsf/Content/mr-yr09-ws-ws049.htm?OpenDocument&yr=2009&mth=11
SNIPPET: The Minister for Indigenous Health, Rural and Regional Health and Regional Services Delivery, Warren Snowdon, today welcomed the establishment of the new Institute for Urban Indigenous Health in Brisbane. The Minister said the Institute would integrate health planning and servicing within Brisbane and the surrounding regions to meet the health needs of the Aboriginal and Torres Strait Islander population. strengthening and maintaining key service relationships such as those with the local Indigenous health services, local Divisions of General Practice, private practitioners, allied health service providers and hospitals development, testing and evaluation of `new' models of primary health care delivery to urban Indigenous populations the establishment of a teaching centre in Aboriginal and Torres Strait Islander health through collaboration with the Centre for Indigenous Health at the University of Queensland (UQ).

APO Research

Second languages and Australian schooling
Yvette Slaughter, Joseph Lo Bianco Australian Council for Educational Research05 October, 2009 The case for increased second language learning in Australia is better grounded in the personal benefits to individual learners than in arguments about economic and social benefits according to this review.

Holding title and managing land in Cape York: two case studies
Peter Blackwood, Paul Memmott Australian Institute of Aboriginal and Torres Strait Islander Studies01 October, 2009 This 2008 paper is concerned with the effective design and operation of Prescribed Bodies Corporates, as well as other types of corporate bodies utilized by Indigenous groups in Queensland to hold the different forms of Aboriginal land title obtainable under State and Commonwealth legislation.

The role of spirituality in social and emotional wellbeing initiatives: The Family Wellbeing Program at Yarrabah
Alexandra McEwan Cooperative Research Centre for Aboriginal Health02 October, 2009 The relationship between spirituality, religion and health is an emerging area of research worldwide and this paper explores the role that spirituality plays in social and emotional wellbeing for one group of Indigenous Australians.

National Indigenous water planning forum
Sue Jackson CSIRO01 October, 2009 This report focusses on the Indigenous access provisions of the 2004 National Water Initiative (NWI).

The overburden report: Contracting for Indigenous health services
Judith Dwyer Cooperative Research Centre for Aboriginal Health02 October, 2009 This project aims to expand our understanding of the problems of funding and regulating primary health care for Aboriginal and Torres Strait Islander communities.

Commercial water and Indigenous Australians: a scoping study of licence allocations
Bill Arthur, Jon Altman Centre for Aboriginal Economic Policy Research01 October, 2009 The empirical research reported here documents actual allocations of water licences and entitlements to identified Indigenous users on a state-by-state jurisdictional basis.

Voices from the campfires: establishing the Aboriginal and Torres Strait Islander Healing Foundation
Department of Families, Housing, Community Services and Indigenous Affairs05 October, 2009 In February 2009 the Australian government announced $26.6 million over four years to establish the Aboriginal and Torres Strait Islander Healing Foundation, to be operational from January 2010. This report summarises the views of Aboriginal and Torres Strait Islander people about how the foundation should operate.

Native Title reforms pass
Attorney-General, Robert McClelland, today welcomed the passage through Parliament of legislation to achieve quicker, more flexible negotiated settlements of native title claims.

Toni Bauman and Cynthia Ganesharajah, ‘Second National Meeting of Registered Native Title Bodies Corporate, Melbourne 2 June 2009’, Native Title ResearchReport, 2/2009.
http://ntru.aiatsis.gov.au/publications/reports%20and%20other%20pdfs/FINAL_RNTBCMeetingReport.pdf

Kingsley Palmer, ‘Societies, Communities and Native Title’, Land, Rights,Laws: Issues of Native Title, vol.4, no.1, 2009.
http://ntru.aiatsis.gov.au/publications/2009/Issues%20Papers/IssuesPaperVol4No1.pdf

Simon Young, ‘Native Title in Canada and Australia post-: Shared Thinking or Ships in the Night?’, Land, Rights, Laws: Issues of Native Title,vol.4, no.2, 2009.
http://ntru.aiatsis.gov.au/publications/2009/Issues%20Papers/IssuesPaperVol4No2.pdf

Justice J.A. Dowsett, ‘Beyond Mabo: understanding native title litigationthrough the decisions of the Federal Court’, paper delivered to LexisNexis Native Title Law Summit, 15 July 2009.
http://www.fedcourt.gov.au/aboutct/judges_papers/speeches_dowsettj2.html

National Native Title Tribunal, Guide to Sources of Assistance and Funding for Prescribed Bodies Corporate, July 2009.
http://www.nntt.gov.au/Publications-And-Research/Tribunal-Research/Documents/Guide%20to%20Sources%20of%20Assistance%20and%20Funding%20for%20Prescribed%20Bodies%20Corporate.pdf

National Native Title Tribunal, Guide to Australian Government Funding Sources,July 2009.
http://www.nntt.gov.au/Publications-And-Research/Tribunal-Research/Documents/Guide%20to%20Australian%20Government%20Funding%20Sources.pdf

Graeme Neate, ‘Negotiating comprehensive settlement of native title claims’, paper delivered to LexisNexis Native Title Law Summit, 15 July 2009.
http://www.nntt.gov.au/news-and-communications/speeches-and-papers/pages/negotiating_comprehensive_settlements_of_nt_claims.aspx

Juanita Pope and Toni Bauman (eds), ‘ "Solid work you mob are doing" :Case studies in Indigenous Dispute Resolution and Conflict Management in Australia’, Report to the National Alternative Dispute Resolution Advisory Council by the Federal Court of Australia’s Indigenous Dispute Resolution& Conflict Management Case Study Project, 2009.
http://ntru.aiatsis.gov.au/major_projects/indigenousdecisionmaking

Patrick Sullivan, ‘Policy change and the Indigenous Land Corporation’, AIATSIS Research Discussion Paper 25, 2009.
http://www.aiatsis.gov.au/research/discussion.html

Australian Government, Reform of Indigenous heritage protection laws :Improving protection for Indigenous traditional areas and objects, Departmentof Environment, Water, Heritage and the Arts, Australian Government, Canberra,2009.
http://www.environment.gov.au/heritage/laws/indigenous/lawreform
This discussion paper canvasses possible reforms to the legislative arrangementsfor protecting traditional areas and objects, specifically the Aboriginaland Torres Strait Islander Heritage Protection Act 1984 (Cth) (ATSIHP Act).The aims of the reform are twofold. First, to ensure that Indigenous Australianswill have the best opportunities to protect their heritage. This could bedone by using existing processes such as native title to secure agreementson heritage protection. Second, to cut duplication and red tape by establishinga nationally consistent approach to protecting Indigenous heritage basedon best practice standards.

Western Australian Government, Review of Approvals Processes in Western Australia, Industry Working Group, Western Australian Government, Perth,2009.
This report provides a two phased approach to improving approval processesin Western Australia. Phase one recommendations are essentially administrativeand can be addressed without legislative change. Phase two recommendationsrequire legislative change. The report stresses that the need to addressand change the present flawed and complex approvals system is critical,and the time for implementing phase one recommendations is now.Chapter 3 discusses native title and provides a case study example. Ther eport notes that the effective and efficient administration of the processes contemplated by the Native Title Act 1993 (Cth) is critical for the developmentof projects in remote and regional Western Australia. Most of the (reported)major native title agreements benefit a relatively small number of Aboriginal people and a few groups have received (and continue to receive) very largefinancial payments as a result of the development of multiple large projectswithin their claim areas. The report acknowledges the critical role playedby the State.
http://www.dmp.wa.gov.au/documents/Review_of_Approval_Processes>

Negotiating comprehensive settlements of native title claims
Graeme Neate National Native Title Tribunal17 July, 2009 This paper focuses on the resolution of native title claims by negotiated outcomes and looks at the range of options for settlement expressly contemplated, or permitted, by the Native Title Act.

APO Research

Planning for growth: Indigenous population projections, 2006-31
Nicholas Biddle, John Taylor Centre for Aboriginal Economic Policy Research14 July, 2009 Policy development in Indigenous affairs often proceeds with dated estimates of population and with little understanding of the likely impact of changing demographic parameters on future Indigenous population size and composition.

Scoping process issues in negotiating native title agreements
Delwyn Everard Native Title Research Unit, Australian Institute for Aboriginal and Torres Strait Islander Studies13 July, 2009 This paper focuses on the process issues faced by Indigenous claimant groups and their negotiating teams throughout the varied phases of a native title negotiation.

Indigenous health and wellbeing: the importance of country
Cynthia Ganesharajah Native Title Research Unit, Australian Institute for Aboriginal and Torres Strait Islander Studies13 July, 2009 A key aspect to improving Indigenous wellbeing is exploring the relationship between land and wellbeing.

The achievement of Australia's Indigenous students in PISA 2000 – 2006
Lisa De Bortoli, Sue Thomson Australian Council for Educational Research15 July, 2009 A sum

Scoping Process Issues in Negotiating Native Title Agreements - by Delwyn Everard (2009) http://www.aiatsis.gov.au/__data/assets/pdf_file/10742/DiscussionPaper_23.pdf

Armstrong, R. 2009. An overview of Indigenous rights in water resource management, Revised: Onshore and offshore water rights discussion booklets, Prepared by the Lingiari Foundation and North Australian Indigenous Landand Sea Management Alliance. Available at: http://www.nailsma.org.au/publications/indigenous_water_rights.html
http://www.nailsma.org.au/publications/indigenous_water_rights.html

Department of Justice, Report of the Steering Committee for the Developmentof a Victorian Native Title Settlement Framework, Department of Justice, Victorian Government, Melbourne, December 2008. Available at: http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/resources/file/ebf9a00adc6c233/FINAL%20SC%20Report%2013May09.pdf
http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/resources/file/ebf9a00adc6c233/FINAL%20SC%20Report%2013May09.pdf

Kuuku Ya'u Native Title Recognised
http://www.attorneygeneral.gov.au/www/ministers/RobertMc.nsf/Page/MediaReleases_2009_SecondQuarter_25June2009-KuukuYauNativeTitleRecognisedSNIPPET:
Attorney-General, Robert McClelland, today welcomed a historic recognition of native title by the Kuuku Ya'u people over parts of the Great Barrier Reef Marine Park. The Land Use Agreement will govern the take of turtles and dugongs in the determination area and like the Native Title determination, does not restrict the wider community's access to the marine park. The Indigenous Land Use Agreement is an agreement between the Kuuku Ya'u People, the State of Queensland, the Northern Kuuku Ya'u Kanthanampu Aboriginal Corporation and the Great Barrier Reef Marine Park Authority on behalf of the Australian Government.

APO Research

The Gunditjmara land justice story
Jessica K. Weir Native Title Research Unit22 June, 2009 In March 2007, celebrations were held on Gunditjmara country in south-western Victoria to celebrate a native title consent determination -- a determination that is reached through the consent of all parties, rather than litigation.

Indigenous families and children: coordination and provision of services
Saul Flaxman, Kristy Muir, Ioana Oprea Department of Families, Housing, Community Services and Indigenous Affairs24 June, 2009 This paper examines service provision, service coordination, Indigenous families and children in Communities for Children sites, identifies factors that facilitate or hinder service provision and outcomes, and considers sustainability issues.

To recruit and retain: overseas trained doctors working in rural Indigenous areas
23 June, 2009 Between mid-1990s to 2004, there has been an eighty per cent increase in overseas trained doctors working in rural areas, compared with an eight percent increase for Australian trained doctors.

Conference explores Aboriginal land justice in Victoria
http://www.aiatsis.gov.au/__data/assets/pdf_file/10637/2009_0306_NTC_2.pdf

Australian Government Media Releases

Indigenous rangers protect red centre lands

Another investment in Indigenous jobs and Kimberley cattle industry - The Hon Tony Burke MP - Minister for Agriculture, Fisheries and Forestry
Agriculture, Fisheries and Forestry
http://www.maff.gov.au/media/media_releases/2009/june/another_investment_in_indigenous_jobs_and_kimberley_cattle_industry
Indigenous workers will play an important part in the growth of the Kimberley cattle industry into the expanding South East Asian market, the Rudd Government said today. Minister for Agriculture, Fisheries and Forestry Tony Burke officially opened the new Roebuck Export Depot, 30km east of Broome. The live export industry supports more than 10,000 jobs in rural and regional Australia, including more than 1,000 jobs in northern Western Australia.

Nyangumarta Native Title Determination http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/MediaReleases_2009_SecondQuarter_11June2009-NyangumartaNativeTitleDetermination
Attorney-General, Robert McClelland, today welcomed the Federal Court's recognition of the Nyangumarta people's native title rights in the Pilbara region of Western Australia. The Government has also introduced the Native Title Amendment Bill 2009 to encourage broader, quicker and more flexible negotiated outcomes for native title claims. A fact sheet outlining the Nyangumarta native title determination is attached.

New 40-bed hostel for Alice Springs
Families, Housing, Community Services and Indigenous Affairs
http://www.fahcsia.gov.au/internet/jennymacklin.nsf/content/bed_hostel_alice_springs_11june09.htm
New 40-bed hostel for Alice Springs. with , Minister for Indigenous Health - Member for Lingiari. This facility enables Indigenous people to access health services closer to home and is an important step in tackling Indigenous disadvantage.

10th Annual Native Title Conference - 2009 Mabo Lecture
http://www.aiatsis.gov.au/__data/assets/pdf_file/10633/MaboLecture_2009x.pdf http://www.aiatsis.gov.au/__data/assets/pdf_file/10630/2009_0306_NTC.pdf

'Renaming the Land' - the Voss journey begins at AIATSIS
http://www.aiatsis.gov.au/__data/assets/pdf_file/10588/2009_1305_Voss.pdf
http://www.aiatsis.gov.au/__data/assets/pdf_file/10587/2009_1105_ICTAustlang.pdf

Indigenous Australians come to Canberra to share their knowledge and experiences
http://www.aiatsis.gov.au/__data/assets/pdf_file/10255/20092801_mrSeminarSeries.pdf
http://www.aiatsis.gov.au/__data/assets/pdf_file/10226/2009_2501_Dodson.pdf

APO Research

Social Justice Report 2008
Tom Calma Australian Human Rights Commission 28 May, 2009
In this year’s Social Justice Report, Tom Calma looks at what is needed to improve Indigenous human rights protection, remote Indigenous education, healing and health equality.

In our own backyard: urban health inequities and Aboriginal experiences of neighbourhood life, social capital and racism
Southgate Institute03 June, 2009
Compared to the general South Australian urban population people in this study reported lower levels of physical and mental health and experience of racism was associated with poorer health outcomes of participants.

Native title report 2008
Tom Calma Australian Human Rights Commission28 May, 2009
This year’s report examines the operation of the native title system and its affect on the exercise and enjoyment of human rights by Aboriginal and Torres Strait Islander peoples during the 2007-2008 reporting period.

Smoking ceremony to open 10th Annual Native Title Conference
http://www.aiatsis.gov.au/__data/assets/pdf_file/10630/2009_0306_NTC.pdf

Native Title holders call for national peak body
http://www.aiatsis.gov.au/__data/assets/pdf_file/10629/2009_0206_NTC.pdf

What has native title done for me lately?
The Yorta Yorta native title application may not have succeeded, but we'll always be the traditional owners of our lands.Indigenous Affairs - Monica Morgan - posted 20/5/2009

AIATSIS Releases

Budget 2009-10
http://www.aiatsis.gov.au/news/budget_2009-10

Registrations open for the 10th Native Title Conference
http://www.aiatsis.gov.au/__data/assets/pdf_file/10571/2009-0705_NTC.pdf

AIATSIS Update

Australia Brown v State of South Australia [2009] FCA 206
This case was a native title determination application. There were two issuesin the case. First, was the group identified in the application a nativetitle claim group under section 61 of the Native Title Act 1993 (Cth) (‘NTA’). It was held that the applicant’s family group was not a native title claimgroup but rather a subgroup or a group larger than specified in the application.Second, was the applicant authorised by the native title claim group tomake the application. On this point it was found that the applicant didnot meet the authorisation requirements under section 251B. For these tworeasons the native title determination application was struck out undersection 84C NTA.InternationalCarrier Sekani Tribal Council v. British Columbia (Utilities Commission), 2009 BCCA 67In this case the broad general principles of the Crown’s duty to consultand, if necessary, accommodate Aboriginal interests were applied to a concreteset of circumstances.Kwikwetlem First Nation v. British Columbia (Utilities Commission), 2009 BCCA 68This appeal under s. 101 of the Utilities Commission Act, R.S.B.C. 1996,c. 473, questions British Columbia Utilities Commission’s approach to theapplication of the principles of the Crown’s duty to consult about and,if necessary, accommodate asserted Aboriginal interests on an applicationunder s. 45 of that Act, for a certificate of public convenience and necessityfor a transmission line project proposed by the respondent, British ColumbiaTransmission Corporation.William v. British Columbia (HMTQ), 2009 BCCA 83In this case a trial judge’s stay was lifted on appeal proceedings aftera very long Aboriginal claims trial. Trial judge's order raises issues ofpublic interest and of importance to Aboriginal law. Settlement discussionsamong the parties, unsuccessful after a year can, continue while the appealmoves forward.Wolfchild v. U.S. 2008 CAFC 5018The court determined that self-described "lineal descendents" of the LoyalMdewakanton Dakota are not owed money for land promised to their ancestorsin the late 1800s.The Native Title Research Unit also maintains an ILUA summary which provideshyperlinks to information on the NNTT and ATNS websites
http://ntru.aiatsis.gov.au/research/ilua_summary.pdf

Native title in the News
http://ntru.aiatsis.gov.au/Public/webdata/ntru/publications/nativetitle_news.html
Burnside, S, ‘We’re from the mining industry and we’re here to help: theimpact of the rhetoric of crisis in future act negotiations’, AustralianIndigenous Law Review, vol.12, no.2, 2008, pp.54-66.See the Aurora Project: Program Calendar for information about Learningand Development Opportunities for staff of native title representative bodiesand native title service providers. http://www.auroraproject.com.au/Learning&Development.htm

NTRU events calendar

Rudd Government introduces Legislation to improve the Native Title system

Rudd Government introduces Legislation to improve the Native Title system
PORTFOLIO: Attorney-General'sURL: http://www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/MediaReleases_2009_FirstQuarter_19March2009-RuddGovernmentintroducesLegislationtoimprovetheNativeTitlesystem

SNIPPET: Attorney-General, Robert McClelland, today introduced legislation to achieve quicker, more flexible negotiated settlements of native title claims. The Native Title Amendment Bill 2009 introduces targeted reforms to give the Federal Court control of the management of native title claims from start to finish, allowing opportunities for negotiated settlements to be more effectively identified and progressed. Mr McClelland said, 'by improving the efficiency and timeliness of mediation, the measures contained in the Bill will improve the operation of the native title system and the outcomes that can be achieved under it.'.