Rob Blowes SC has kindly made available to a wider audience the materials he compiled for a workshop of lawyers and anthropologists at First Nations Legal and Research Services Melbourne on June 10th 2025.

Disclaimer Please note: this is NOT legal advice. It does not purport to be a comprehensive set of materials on the matter.
The material was prepared for a particular purpose rather than general publication.

Workshop Agenda

Loader Loading...
EAD Logo Taking too long?

Reload Reload document
| Open Open in new tab

Download Workshop Agenda

Workshop Materials

Loader Loading...
EAD Logo Taking too long?

Reload Reload document
| Open Open in new tab

Download Workshop Materials

CNTA held a workshop hosted by First Nations Legal and Research Services (FNLRS) in Melbourne on 15-16th May 2025.

The purpose of the workshop was principally to understand the different roles of lawyers and anthropologists when working for native title outcomes in complex operating environments. These involved speakers outlining and -in the case of genealogies demonstrating – key methodologies in legal and anthropological practice.

Video recordings of the 10 presentations are now available on the CNTA website. Tom Keely’s paper has been circulated via the CNTA Email List.

Read Full Content of the Workshop

Justice O’Bryan fireside chat with Sheree Sharma (PLO QSNTS)

Tom Keely SC (Barrister) Effective working relationships between lawyers and expert anthropologists

Dayne O’Meara(anthropologist) Kinship in Native Title Making the most of genealogical research

Jitendra Kumarage (anthropologist) Inheritance of, and succession to, country in native title

Richard Martin (anthropologist) Succession presents an obvious evidentiary challenge in proving native title

Mick O’Kane (FNLRS Research Manager)Language areas equal Claim Boundaries

Petronella Vaarzon-Morel (anthropologist) the Western Desert Cultural Bloc’ uses and contestations of the anthropological concept in native title claims

David Martin (anthropologist) What can anthropologists contribute to the design and ongoing governance of PBCs & other Native Title corporations

Kevin Murphy (anthropologist) the society question

Tony Eales (Director, Indigenous Country and Governance unit AIATSIS) Overview of AIATSIS training available for native title lawyers and web resources

Collaborating to Build Capability in the Native Title Sector:

A Case Study on Anthropologists

Attached is a case study of workforce issues for anthropologists prepared for the recently held Commonwealth Inter-agency Committee on Native Title in Adelaide.

The paper builds on a survey of our sector run by CNTA in 2023, followed by a small working party of research managers from different organisations held in July 2024. Their involvement made it possible to bring an experiential dimension to the issues, and to ground-proof key issues emerging from the survey data.

CNTA has taken the view that – for various reasons outlined – we need to use our own capacities and agency to review, reform, and sponsor recruitment and retention for the native title anthropological workforce. In terms of remedial actions inside native title organisations, there is a good deal of agency they have to make a positive difference in recruitment and staff retention.

Read Full Content of the Case Study

Recently, CNTA commissioned consultant anthropologist Sarah Bell, to write a foundational course on native title for use by NTRBs, NTSPs and Land Councils. The foundational course is specifically for inducting new staff. With the scarcity of available formal training courses in native title anthropology in Australian universities, and the increasing demand for anthropologists throughout the native title system, CNTA first took the initiative to support our sector through provision of podcasts and interviews on the CNTA website (see the Tab Fundamental) for key aspects of native title work.

This initiative has now developed further, by providing access to a systematic framework for understanding and learning about the demands of native title research work – from claim research through to compensation and post-determination.

In providing this material, CNTA hopes to encourage NTRB, NTSPs and Land Councils, to use the framework, tailoring it as needed, for introducing native title work and processes to new and early career staff anthropologists; those who may not have had any such introduction at university. The course, as developed by Bell covers aspect of both the Native Title Act (1993) and the Northern Territory Aboriginal Land Rights Act (1976).

Purpose

The purpose of this course is to provide Anthropologists commencing work in Native Title a basic introduction to Native Title and key references and resources.

Structure

The Course is presented in 9 Topic areas related to aspects of Native Title practice. A set of summary PowerPoint slides for each topic is provided along with key introductory reference materials are listed, many of which are publicly available via the internet, including materials on the CNTA Website. A listing of additional references for further self-study are also provided.

 

Topic 1: What is Native Title?

  • Background to the Native Title Act (NTA) – Mabo Decision
  • The NTA
  • Native Title recognition vrs Land Rights ‘grant’

Topic 2: The Native Title “System”

  • The main institutions and bodies involved in Native Title
  • The Native Title Claim Process
  • The role of NTRBs
  • The role of PBCs

Topic 3: The Role of Anthropology and Anthropologists in Native Title

  • In-House and Consultant Anthropologists
  • Connection Reports
  • Expert Reports
  • Role the Expert Witness
  • Compensation
  • Aboriginal Heritage
  • Roles for Anthropologists outside of Native Title Research and Post-Determination

Topic 4: Australianist Anthropology – Aboriginal Kinship and social organisation

  • Kinship and Social Organisation as Anthropological Concepts
  • Australian Aboriginal Kinship System Features
  • Australian Aboriginal Social Categories

Topic 5: Australianist Anthropology – Classical Aboriginal Local Organisation

  • Key Elements of Classical Aboriginal local organisation and land tenure
  • Clan, Estate, Band and Range

Topic 6: Key Issues in Native Title Anthropology

  • The Concept of Society
  • Succession, Change and Continuity

Topic 7: Native Title Anthropology – Fieldwork

  • Free Prior and Informed Consent
  • Genealogies – methods of collection.
  • Fieldnotes – purpose, uses and best practices.
  • Maps

Topic 8: Native Title Anthropology – WorkPlace Safety

  • Organisational responsibilities – Workplace Health and Safety
  • Issues of workplaces safety in Native Title

Topic 9: Native Title Anthropology – in the Office

  • Genealogy Databases and drawing programs
  • Practical Report production hints