Category Archives: Podcasts and videos

Kim is an anthropologist, linguist and certified mediator with 20 years of experience in the native title field. Most relevantly to this podcast he was joint arbitrator of an overlap dispute together with Justice John Mansfield and has contributed to other dispute resolution processes in various native title matters.

Arbitration in native title and the possible contribution of anthropologists

Summary: In this podcast Kim briefly outlines the different forms of dispute resolution used to settle native title claims, including litigation and mediation before focusing on the emerging option of arbitration. He draws on interviews with distinguished legal practitioners as well as his own experience as an arbitrator to examine how arbitration differs from the other approaches, and identify the potential contribution anthropologists can make to that process.

Anthropology – Linguistics – Mediation

Contact details
Tel. 04370 63336
Email: kcmccaul@gmail.com

Indigenous and other Australians since 1901

Summary: In this podcast Tim Rowse presents a chapter by chapter summary of his book Indigenous and other Australians since 1901 (UNSW Press, 2017).
(The book was shortlisted in 2018 for the Ernest Scott Prize and the Prime Minister’s prize for Australian history).

Ophelia is an anthropologist with over sixteen years of research experience working with urban, rural and remote Aboriginal communities. As a consultant, Ophelia provides expert anthropological advice for native title and related matters throughout Australia. She is currently a Research Fellow at AIATSIS.
Ophelia has presented papers for the Australian Anthropological Society and the Canadian Anthropology Society’s annual conferences. She has been a chair, presenter and facilitated various workshops with AIATSIS, Aurora, Yamatji Marlpa Aboriginal Corporation and the Centre for Native Title Anthropology.

We don’t really want to talk about it: Working as a woman and a consultant in native title

Summary: In this talk Ophelia outlines some of the issues facing consultant anthropologists, especially those who happen to be women, working in native title. She offers some space to the concerns that anthropologists and others don’t really want to publicly talk about. She opens up the conversation by discussing insecure work, rights in the workplace, personal and professional safety and the emotional toll of constantly standing up for ourselves.

Email: ophelia@ocrconsulting.com.au

For further information on such issues, see the Women in Native Title Anthropology project at Deakin University.

Peter Veth is a renowned Australian archaeologist with extensive experience in Native Title claims in Western Australia, NSW and South Australia. He has worked in the Academy, at AIATSIS and recently completed his tenure as Director of UWA’s Oceans Institute. Jo McDonald is currently the Director of the Centre for Rock Art Research + Management at UWA, after a long first career in cultural heritage management. She has been involved in Native Title claims in South Australia and Western Australia.

The role that archaeology and heritage can play in Native Title claims

Summary: The podcast is a conversation between two archaeologists who have worked on a number of Native Title cases over the last 25 years or so. It discusses the disciplinary framework that archaeology can bring to Native Title cases. Both McDonald and Veth have published on this topic, and in this conversation they draw on the various results and findings of the different cases that they have worked on, including de Rose Hill (SA), Ngarluma-Yinjabarndi (WA), Martu (WA) and Birriliburru (WA). They discuss continuity of tradition, referable use and how the diachronic focus of archaeology provides an appropriate lens to explore contemporary societies. Rock art as a lens for viewing change and contact, material culture (i.e. the introduction of glass into the formal tool categories) and the linking of tangible and intangible values are three unique ways that archaeology can contribute to successful Native Title claims.

Contact details
Emails: jo.mcdonald@uwa.edu.au and peter.veth@uwa.edu.au

David Trigger has worked on the different meanings attributed to land and nature across diverse sectors of society and in different countries. In Australian Aboriginal Studies, Professor Trigger has carried out more than 35 years of anthropological study on Indigenous systems of land tenure, including applied research on resource development negotiations and native title claims. Robert Blowes is a senior Canberra-based barrister with extensive experience in Native Title matters, including the original 1996 Wik High Court decision.

Handling sticky questions in Court

Summary: In this podcast, Robert Blowes and David Trigger use a modified form of role play in considering difficult questions in cross examination in a native title proceeding which go to such issues as the expert’s expertise or impartiality. An outline of the presentation notes can be downloaded from this site.