Research issues and discussion papers

We produce issues and discussion papers which provide an in-depth analysis of emerging and contemporary issues. All papers are independently peer reviewed.

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Discussion paper

What’s needed to prove native title? Finding flexibility within the law on connection

Nick Duff

Analyses the law in proving native title claims. This discussion paper provides a guide for both claimants and governments regarding flexibility within the law for consent determinations.
Discussion paper

Gardens of discontent: health and horticulture in remote Aboriginal Australia

Ernest Hunter, Leigh-ann Onnis, John Pritchard

Looks at the history of Indigenous health in relation to foraging and 'farming' in the remote regions of Australia. This discussion paper focuses on Cape York in remote northern Australia, and the community of Lockhart River in particular, to outline
Discussion paper

We have the song, so we have the land: song and ceremony as proof of ownership in Aboriginal and Torres Strait Islander land claims

Grace Koch

Discover the role of songs and ceremonies as evidence in land claims under the Aboriginal Land Rights (Northern Territory) Act 1976 and the Native Title Act 1993.
Discussion paperResearch outputs

Pathways to the co-management of protected areas and native title in Australia

Toni Bauman, Chris Haynes, Gabrielle Lauder

This discussion paper considers the co-management arrangements of protected areas by the Australian and state governments, and Indigenous involvement in managing the environment. It suggests the most successful ways to co-manage are likely to be the
Discussion paper

Secure tenure options for home ownership and economic development on land subject to native title

Ed Wensing, Jonathan Taylor

This is an overview of dealing with land subject to native title rights, protection of long-term interests in Aboriginal land ownership, and the Aboriginal Lands Trust estate in Western Australia.
Issues paper

Re-evaluating Mabo: the case for Native Title reform to remove discrimination and promote economic opportunity

Shireen Morris

This paper argues that the judgement for the Mabo case may have been discriminatory and suggests that Native Title law should be reformed to recognise Indigenous people's full and beneficial ownership of their land where it has not been extinguished.
Issues paper

Constitutional reform and its relationship with land justice

Sean Brennan

A look at the link between land justice and constitutional change. It covers five areas for possible constitutional change and discusses the practical implications of Native Title.
Issues paper

Recognising Indigenous peoples in the Australian Constitution: What the Constitution should say and how the referendum can be won

George Williams

This paper provides an overview of the challenges in making changes to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution. It examines the background to proposed changes, how the Constitution could be changed and
Issues paper

Challenging the assumptions of positivism: An analysis of the concept of society in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] and Bodney v Bennell [2008]

Marcelle Burns

This paper analyses the concept of society as an element of proof for Native Title and argues that framing Indigenous law with the legal norms of Western law has its problems. It features two case studies that offer potential for a new legal
Discussion paper

Karajarri: a West Kimberley experience in managing native title

Jessica Weir

The Karajarri won their native title rights in 2002 and 2004 in the West Kimberley. This paper takes you on a journey of what happens after native title rights are recognised. It looks at the corporations that were established and the challenges they
Last updated: 05 May 2021