References and Resources

General published and unpublished papers relevant to native title anthropology

1 e9a530ed17 General-publications-and-papers c786ce2eed
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Thumbnail for K-Keefe-AAS2021-presentation.pdfK-Keefe-AAS2021-presentation.pdf

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December 18, 2021
Thumbnail for Mortimer-J_Re-evaluating-the-role-of-anthropologists-in-native-title-proceedings.pdfMortimer-J_Re-evaluating-the-role-of-anthropologists-in-native-title-proceedings.pdf

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February 22, 2021
Thumbnail for Rangiah_J_2016.pdfRangiah_J_2016.pdf

Justice Rangiah, ‘Expert Anthropological Evidence- A Judges Perspective’ (Speech, Future of Native Tittle Anthropology Conference, 4 February 2016) • Importance of writing reports to specific audience with purpose in mind • Communication between lawyer and anthropologist • Agendas of all involved

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February 22, 2021
Thumbnail for Annotated_Bibliography_Customary_Marine.pdfAnnotated_Bibliography_Customary_Marine.pdf

This annotated bibliography was developed by Adele Millard for CNTA. Its aim is to inform and guide future research for use in Native Title sea claims, particularly in southern Australia.

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November 27, 2020
Thumbnail for R-Blowes-NTN-article.pdfR-Blowes-NTN-article.pdf

This article, "Getting to native title – roles and important distinctions for anthropologists and advocates\" is by Robert Blowes SC. It was first published by LexisNexis in Native Title News Volume 12 No 8, December 2017. For more information about Native Title News and other LexisNexis subscription titles, please call 1800 772 772 or email customer.relations@lexisnexis.com.au.

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October 28, 2020
Thumbnail for Susan-Phillips-Recognition-of-NT-revision-and-problem-solving.pdfSusan-Phillips-Recognition-of-NT-revision-and-problem-solving.pdf

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October 28, 2020
Thumbnail for Tom-Gara-Spanish-Flu-SA-Aboriginal-people.pdfTom-Gara-Spanish-Flu-SA-Aboriginal-people.pdf

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October 28, 2020
Thumbnail for Francesca-Merlan-Paperlet-on-the-Non-Citizen-Non-Alien-Aborigine.pdfFrancesca-Merlan-Paperlet-on-the-Non-Citizen-Non-Alien-Aborigine.pdf

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October 28, 2020
Thumbnail for Paul-Burke-Warlpiri-Diaspora-and-Native-Title.pdfPaul-Burke-Warlpiri-Diaspora-and-Native-Title.pdf

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October 28, 2020
Thumbnail for Nic-Peterson-2019-Law-anthropology-and-policy.pdfNic-Peterson-2019-Law-anthropology-and-policy.pdf

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October 28, 2020
Thumbnail for Stephen-Wright-compensation-ppt.pdfStephen-Wright-compensation-ppt.pdf

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October 28, 2020
Thumbnail for Nic-Peterson-2018-Innovation-and-native-title.pdfNic-Peterson-2018-Innovation-and-native-title.pdf

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October 28, 2020
Thumbnail for Nic-Peterson-2017-comments-on-legal-culture.pdfNic-Peterson-2017-comments-on-legal-culture.pdf

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October 28, 2020
Thumbnail for Watt-Kowal-Cummings-2020.pdfWatt-Kowal-Cummings-2020.pdf

"Traditional Laws Meet Emerging Biotechnologies: The Impact of Genetic Genealogy on Indigenous Land Title in Australia", Elizabeth Watt, Emma Kowal, and Carmen Cummings, Human Organization Vol 79 No. 2 Summer 2020. The increasing popularity and availability of genetic testing has the potential to play into debates surrounding Native Title. This paper highlights the importance of disseminating current information about genetic genealogy among Indigenous Australians and having frank conversations about the opportunities and limits of genetic technologies in this context.

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October 28, 2020

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Materials relevant to Native Title Compensation

See also the pod and video casts on the Compensation tab of this site.

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Thumbnail for BRIEF-INDEX-OF-MATERIALS-RELATING-TO-NATIVE-TITLE-COMPENSATION-RESEARCH.pdfBRIEF-INDEX-OF-MATERIALS-RELATING-TO-NATIVE-TITLE-COMPENSATION-RESEARCH.pdf

This index includes both the documents below, and also some additional references

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February 18, 2021
Thumbnail for Hughston_Jowett_2018.pdfHughston_Jowett_2018.pdf

Hughston, V. and T. Jowett (2018). "Native title compensation claims." Bar news (Sydney, N.S.W.)(Autumn 2018): 52-55. • Looks at the economic and non-economic loss in T/C • The three considerations significant to non-economic loss • Value of exclusive possession

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October 28, 2020
Thumbnail for Northern-Territory-v-Mr-A_-Griffiths-deceased-and-Lorraine-Jones-on-behalf-of-the-Ngaliwurru-and-Nungali-Peoples-2019-HCA-7.pdfNorthern-Territory-v-Mr-A_-Griffiths-deceased-and-Lorraine-Jones-on-behalf-of-the-Ngaliwurru-and-Nungali-Peoples-2019-HCA-7.pdf

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7

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October 28, 2020
Thumbnail for Section_51_53_NTA.pdfSection_51_53_NTA.pdf

Section 51&53 Criteria for determining compensation

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October 28, 2020
Thumbnail for Murray_I_2019.pdfMurray_I_2019.pdf

Murray, I. (2019). Co-designing benefits management structures. Crawley, W.A, Centre for Mining, Energy and Natural Resources Law, University of Western Australia. • Proposes alternative benefit management structures • Codesign of structures • Decision making

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October 28, 2020
Thumbnail for Nichols_Nolan_2019.pdfNichols_Nolan_2019.pdf

Nicholls, H. and E. Nolan (2019). "Calculating cultural loss and compensation in native title: 'Northern Territory v Griffiths' (2019) 364 ALR 208." Adelaide law review 40(3): 879-889. • Separate assessment of heads of compensation • Monetary compensation • Quantification of intangible value

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October 28, 2020
Thumbnail for Pannell_S_2019.pdfPannell_S_2019.pdf

Pannell, S. (2019). What Do William James and Franz Boas Have to do with Compensation Claims?: An Exploration of Emotion and Culture in Indigenous Compensation Claim Research. National Native Title Council Conference. • Emotions of loss • Words and expressions • Impacts on individuals as opposed to societyPannell, S. (2019). What Do William James and Franz Boas Have to do with Compensation Claims?: An Exploration of Emotion and Culture in Indigenous Compensation Claim Research. National Native Title Council Conference. • Emotions of loss • Words and expressions • Impacts on individuals as opposed to society • Cultural value and significance ascribed to land

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October 28, 2020
Thumbnail for Brohier_J_2016.pdfBrohier_J_2016.pdf

Brohier, J. (2016). How should loss of Native Title Interests be Compensated?, University of Adelaide. • International examples • Models • Non-economic principles

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October 28, 2020
Thumbnail for McGrath_P_2017.pdfMcGrath_P_2017.pdf

McGrath, P. (2017). "Native Title Anthropology after the Timber Creek Decision." Land, Rights, Laws: Issues of Native Title 6(5): 1-5. • Notes the role of anthropologists in interpretation of impacts and connections • Impacts on reputations through the failure to protect country • Should anthropologies become involved in the distribution of moneys?

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October 28, 2020
Thumbnail for Pannell_S_2018.pdfPannell_S_2018.pdf

Pannell, S. (2018). "Framing the Loss of Solace: Issues and Challenges in Researching Indigenous Compensation Claims." Anthropological Forum 28(3): 255-274. • Explores themes of powerlessness and injustice • Term ‘solastalgia’ used to look at how people live with a sense of loss on country • Loss is felt differently by people of different ages

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October 28, 2020
Thumbnail for Palmer_K_2018.pdfPalmer_K_2018.pdf

Palmer, K. (2018). Compensation. Australian Native Title Anthropology: Strategic Practice, The Law and the State, ANU Press: 227-238. • Anthropologist’s job in explaining impacts on cultural duties • Focus on entirety of “country” • Researching relationships with country • Linguistics of emotions and feelings

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October 28, 2020
Thumbnail for Kwok_N_2012.pdfKwok_N_2012.pdf

Kwok, N. (2012). "Shame and the Embodiment of Boundaries." Oceania 82(1): 28-44. • Social closure • Emotion and culture • Sense of shame and its impacts

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October 28, 2020
Thumbnail for Glaskin_2012.pdfGlaskin_2012.pdf

Glaskin, K. (2012). "Anatomies of Relatedness: Considering Personhood in Aboriginal Australia." American anthropologist 114(2): 297-308. • Embodied consequences of emotion and stress • Identity in relation to country • Personhood and self

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October 28, 2020
Thumbnail for Burbank_V_2017.pdfBurbank_V_2017.pdf

Burbank, V. K. (2017). Empathy, Psychic Unity, Anger, and Shame. People and Change in Indigenous Australia. F. M. Diane Austin-Broos, Paul Burke, & Yasmine Musharbash, University of Hawai'i Press: 165-175. • Personhood • Empathy • Shame

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October 28, 2020
Thumbnail for Griffiths-v-Northern-Territory-No_3-2016-FCA-900.pdfGriffiths-v-Northern-Territory-No_3-2016-FCA-900.pdf

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October 28, 2020

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Materials relevant to the design and management of PBCs/RNTBCs

See also pod and video casts on the PBCs and Trusts tab of this site.

1 e9a530ed17 Prescribed-Bodies-Corporate-materials c786ce2eed
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Thumbnail for Aurora-Fact-Sheet-PBC-decision-making.pdfAurora-Fact-Sheet-PBC-decision-making.pdf

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February 21, 2021
Thumbnail for PBC-governance-framework-issues.pdfPBC-governance-framework-issues.pdf

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February 21, 2021

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Links to online resources

Anthropological associations in Australia

The Australian Anthropological Society represents the profession at the national level, but there is also the Anthropological Society of Western Australia and the Anthropological Society of South Australia.

Digital Archives:

In the Wiley Online site there is a lot of great material for researchers – tips on publishing for instance, but I draw your attention to the tab labelled ‘Researchers’ (where this portal opens a wealth of diverse material of interest).

In the Wiley digital archives of the Royal Anthropological Institute of Great Britain and Ireland, you will see two Collection Archives highlighted – material relating to the Aboriginal Protection Society, and an Ethnographic Photography Library.

Look and listen: online videos and public presentations

Native Title: implications for Australian senses of place

A presentation by Emeritus Professor David Trigger in the 2020 seminar series of the Anthropological Society of Western Australia Native Title: implications for Australian senses of place is now available on YouTube.

Future Forum 2020 – Visions on the future of Aboriginal heritage in Western Australia

This one-day forum was hosted by the Australian Association of Consulting Archaeologists (AACAI), the Anthropological Society of Western Australia (ASWA), and the Australia International Council on Monuments and Sites (A.ICOMOS) in Fremantle on Friday, 16 October 2020.
The forum brought together First Nations people, Traditional Owners and custodians, representative bodies, industry, consultants, researchers, politicians, Government representatives and other interested parties to explore and discuss what the future of Aboriginal heritage management could look like in Western Australia.
Video recordings for presentations from the Future Forum are available on a YouTube playlist.

New books and publications

Tim Pilbrow has published an article  in The Australian Journal of Anthropology, crafted while he was a CNTA scholar and entitled The integrative value of conflict and dispute: Implications for defining community in the native title context. It can be downloaded from the Wiley site.

Michael Bennett, Mar 2020. The Pathfinders NSW — A History of NSW Aboriginal Trackers (Newsouth Publishing)
Geraldine Doogue interviewed historian Dr Michael Bennett, formerly of NTSCorp, on RN’s Saturday Extra (Saturday 7 March 2020) about this book. In New South Wales alone, more than a thousand Aboriginal men and a smaller number of women toiled for authorities across the state after 1862. Through his work on native title claims, historian Michael Bennett realised that the role of trackers – and how they moved between two worlds – has been largely unacknowledged. His important book reveals that their work grew out of traditional society and was sustained by the vast family networks that endure to this day. Pathfinders brings the skilled and diverse work of trackers not only to the forefront of law enforcement history but to the general shared histories of black and white Australia.

Georgia Curran, 2020. Sustaining Indigenous Songs: contemporary Warlpiri ceremonial life in central Australia (Berghahn)
From the back cover: ‘As an ethnography of Central Australian singing traditions and ceremonial contexts, this book asks questions about the vitality of the cultural knowledge and practices highly valued by Warlpiri people and fundamental to their cultural heritage. Set against a discussion of the contemporary vitality of Aboriginal musical traditions in Australia and embedded in the historical background of this region, the book lays out the features of Warlpiri songs and ceremonies, and centres on a focal case study of the Warlpiri Kurdiji ceremony to illustrate the modes in which core cultural themes are being passed on through song to future generations.’