• About
  • Toolkit topics
  • Resources
  • Case studies
  • Governance watch
  • Contact
  • Home
  • 01 Understanding governance
    • 1.0 Understanding governance
    • 1.1 The important parts of governance
    • 1.2 Indigenous governance
    • 1.3 Governance in Aboriginal and Torres Strait Islander organisations
    • 1.4 Case studies
  • 02 Culture and governance
    • 2.0 Culture and governance
    • 2.1 Indigenous governance and culture
    • 2.2 Two-way governance
    • 2.3 Case studies
  • 03 Getting started
    • 3.0 Getting started on building your governance
    • 3.1 Assessing your governance
    • 3.2 Mapping your community for governance
    • 3.3 Case studies
  • 04 Leadership
    • 4.0 Leadership for governance
    • 4.1 Aboriginal and Torres Strait Islander leadership
    • 4.2 The challenges of leadership
    • 4.3 Evaluating your leadership
    • 4.4 Youth leadership and succession planning
    • 4.5 Building leadership capacity to govern
    • 4.6 Case studies
  • 05 Governing the organisation
    • 5.0 Governing the organisation
    • 5.1 Roles, responsibilities and rights of a governing body
    • 5.2 Accountability: what is it, to whom and how?
    • 5.3 Decision making by the governing body
    • 5.4 Governing finances and resources
    • 5.5 Communicating
    • 5.6 Future planning
    • 5.7 Building capacity and confidence for governing bodies
    • 5.8 Case studies
  • 06 Rules and policies
    • 6.0 Governance rules and policies
    • 6.1 What are governance rules?
    • 6.2 Governance rules and culture
    • 6.3 Running effective meetings
    • 6.4 Policies for organisations
    • 6.5 Case studies
  • 07 Management and staff
    • 7.0 Management and staff
    • 7.1 Managing the organisation
    • 7.2 The governing body and management
    • 7.3 Managing staff
    • 7.4 Staff development and training
    • 7.5 Case studies
  • 08 Disputes and complaints
    • 8.0 Dealing with disputes and complaints
    • 8.1 Aboriginal and Torres Strait Islander and non-Indigenous approaches
    • 8.2 Core principles and skills for dispute and complaint resolution
    • 8.3 Disputes and complaints about governance
    • 8.4 Your members: dealing with disputes and complaints
    • 8.5 Organisations: dealing with internal disputes and complaints
    • 8.6 Practical guidelines and approaches
    • 8.7 Case studies
  • 09 Nation building and development
    • 9.0 Governance for nation rebuilding and development
    • 9.1 What is nation rebuilding?
    • 9.2 Governance for nation rebuilding
    • 9.3 Governance for sustained development
    • 9.4 Networked governance
    • 9.5 Kick-starting the process of nation rebuilding
    • 9.6 Case studies
  • Glossary
  • Useful links
  • Acknowledgements

Diagram

The cycle of sustained governance development

PNG (0.00KB) Download

A partnership of separate powers—the governing body and top manager

Download

Governing body

Top manager

Interviews and hires the top manager.

Contracted to operate under instructions and delegation from the governing body.

Accountable to members who s/elected them.

Accountable to governing body.

Oversights and reviews the work performance of the top manager.

Supports the governing body to undertake self-evaluation of their governance performance and to participate in developing governance capacity. Oversees and reviews the work performance of staff.

Sets the overall strategic direction for the organisation.

Implements the overall strategic directions.

Makes and approves governance and other overall policies.

Supports the governing body in developing policies. Implements policies made by the governing body.

Provides input into and approves overall annual budget.

Provides financial information, reports and plans for approval. Operates under delegation for daily authority.

Provides input into approves business plan.

Develops and implements the business plan.

Makes key decisions about major capital expenditure, investment.

Makes decisions about expenditure and investment under delegation.

Seeks feedback, consults with and report to members for decision-making and strategic direction.

Communicates with members and staff on activities, progress and outcomes.

Snapshot: Some differences between Indigenous and non-Indigenous processes for the resolution of disputes and wrongdoing

Download

Aboriginal and Torres Strait Islander dispute resolution

 

Western dispute resolution

The close family, elders and wider community work out what the dispute or wrongdoing is about, who it has affected, and how it will be resolved or punished.

Strangers (external professionals) determine the nature of the dispute or wrongdoing, and how it will be resolved or punished.

Punishment and peacemaking processes are made by consensus among all participants, according to Aboriginal and Torres Strait Islander laws and legal precedent. The aim is both personal punishment and restoration of the wider social equilibrium and collective identity.

Punishment is determined according to formalised laws and legal precedent. Peacemaking and restoration of collective identity are not considerations, although individual rehabilitation is.

Participants take into account not only the impact on the ‘victim’, but also the wider, critical factors of social and religious impact.

The impact of the dispute or wrongdoing on the ‘victim’ may be taken into account by the court.
‘Offenders’ may make submission as to their character to the court.

The people directly involved in the dispute (victims and offenders) are also involved in the customary law process, including determining innocence or guilt and advocating punishment or other restorative solutions.

External advocates are used.
The people involved in the dispute (victims and offenders) are generally held at arm’s length from judgement of the evidence, determination of guilt and the punishment.

Decision making is collective and by consensus, sometimes taking considerable time and negotiation.

Decision making is hierarchical and formalised through institutions such as courts, hearings, professional members of the judiciary and jury systems.

A wider group of people may be included in the punishment, peacemaking and compensation.
Restorative justice is the goal where satisfaction and healing between families and the ‘victim’ and ‘offender’ are of paramount concern in resolution and punishment.

Only the ‘offender’ is punished.
In the adversarial legal system, the level of satisfaction among the wider set of people who feel affected by the dispute or wrongdoing is not a factor in sentencing.

Snapshot: Aboriginal and Torres Strait Islander mechanisms for settling disputes

Download

In general, Aboriginal and Torres Strait Islander culture-based mechanisms for managing and settling disputes and wrongdoing are:
action-oriented and physical. Punishment and sanctions involve law-based and regulated restitution, revenge or injury.
socially based. Conflicts seep into wider social networks, people ‘in the wrong’ may be sent away by the group, or may initiate their own self-imposed absence from the group or community.
material and monetary. Restitution and compensation are valued, including the exchange of cash, food, services or commodity goods.
religious and spiritual. Individuals with legitimate authority and power act as enforcers of punishment, people may participate in cleansing rituals, or the wrongdoer may be excluded from valued religious ceremony and knowledge.
symbolic and performance-based. Ritualised peacemaking apologies and highly orchestrated reconciliation fights may be performed.

Snapshot: Aboriginal and Torres Strait Islander networked governance at work

Download

You can see networked Aboriginal and Torres Strait Islander governance at work in the structure and operation of:
  • Aboriginal and Torres Strait Islander extended families and their linked households
  • Clan, native title and land-ownership groups
  • Skin and kinship groups
  • Ceremonial relationships and responsibilities
  • Trade, language and sacred-knowledge networks
  • Peer groups and hierarchies of leaders (both male and female)
  • The residents of interrelated outstations, urban neighbourhoods, rural fringe camps and pastoral stations
  • ‘whole of community’ governing collaborations
  • Federations of dispersed communities
  • Regional assemblies
  • ‘families’ of incorporated organisations
  • Organisational alliances, peak bodies and representative associations.

Snapshot: Different approaches to governance and development

Download

Standard approach

Nation-rebuilding approach

Culture is portrayed as problematic.

Culture is seen as a strength and asset.

Decision making is short term, non-strategic and often externally controlled.

Decision making is able to be longer term, strategic and under the control of the nation.

External parties set the future direction.

Future agenda setting is directed by the nation.

Development is treated as primarily an economic problem and goal.

Development is seen as an interrelated social, economic and cultural goal.

Leaders act as hunters and distributors of resources and services, and make ill-informed decisions.

Leaders act as stewards, nation-builders, mediators and mobilisers, and can make decisions based on plans.

Accountability is upwards to external parties and focuses on financial administration.

Accountability is downwards to the nation’s members and focuses on collective goals.

Governing rules and frameworks are based on external values, standards and concepts.

Governing rules and frameworks reflect Aboriginal and Torres Strait Islander political cultures and concepts.

The result is failed governance and enterprises; politicised decisions; a governance culture that is dependent on external funds and remedial intervention; an impression of chaos and dysfunction; and continued poverty.

The result is growing governance capacity; consensus decision making; sustainable enterprises and community development; a governance culture where risk is evaluated, managed and diversified; an impression of competence and resilience; and socioeconomic progress.

(Adapted from S. Cornell, ‘Two approaches to the development of native nations’, Rebuilding Native Nations, University of Arizona Press, 2007)

Weak rules and strong rules – What happens to your governance?

Download

What happens when rules are weak and poorly enforced? What happens when rules are strong and enforced
Governance is less effective and legitimate. Decision making is more transparent, winning support from members and staff.
Conflict increases and relationships are under stress. Cooperative relationships and collaboration are increased.
Members’ rights and interests are overridden or marginalised. Members’ rights and interests are protected and strengthened.
Leaders might be encouraged to be greedy and self-interested. Everyone wants to invest their time, effort and resources.
Private and public agencies won’t want to invest in economic growth. Economic growth is more sustainable and partnerships stronger.
Staff and members are confused and have low morale. There is high morale amongst staff and members.
Nations and communities are less able to exercise practical self-determination. Nations and communities are more able to exercise practical self-determination.

Your governance culture and environment

JPG (0.00KB) Download

This diagram shows the layers of your governance environment.

Different ways to help in the community

Download

Worn Gundidj has given hospitality to Sudanese refugees in the Victorian town of Warrnambool, held a barbeque and day of indigenous culture activities for children with terminally ill siblings, and formed partnership with local city and shire councils.
Papunya Tula has raided more than $1 million for the health center to run a renal dialysis based at remote Kintore in the Northern Territory, and almost $600,000 for a pool to be built in Kintore.
Yarnteen Aboriginal and Torres Straight Islander Corporation has a long standing partnership with Microsoft and its 'Unlimited Potential' program, compiling a user friendly resource kit, engaging with Aboriginal learners in Information Communication and Technology
These Indigenous organisations have helped very different groups in their communities: Worn Gundidj, Papunya Tula and Yarnteen Aboriginal and Torres Strait Islander Corporation.

Skills needed for dispute resolution

Download

Good Dispute Resolution
Good conflict analysis skills
Good knowledge of the context and related history
Sensitivity to the local cultural context
Local language skills
Technical expertise as required
Enough status/credibility to make decisions and then act on them
Good knowledge of people and organisation involved
Skills in facilitation, mediation, team work and counseling
All governing bodies or management committees involved in dispute resolution should have relevant skills and information, or have access to them.

Next >

You can view this online or download the whole Topic + Resources as a PDF

Download Toolkit

Case Studies

NPY Women’s Council – strong culture, strong women, strong communities

  NPY Women’s Council (NPYWC) was set up in 1980 and incorporated in 1994.  The organisation was founded in response to the concerns of Aboriginal and Torres Strait Islander women throughout the APY lands.   The women were concerned about the …

Read more...

Murdi Paaki Regional Assembly

Self-determination and community control The Murdi Paaki Regional Assembly (MPRA) is comprised of the Chairs or representatives of 16 Aboriginal Community Working Parties (CWP’s) across the Murdi Paaki Region of NSW. MPRA see self-determination as the key success to their …

Read more...

NPY Women’s Council: Building your cultural guiding principles into your rulebook

The NPY Women’s Council became incorporated under new legislation in 2008. The council undertook a significant period of consultation with its members—spread across a large geographic region—in the lead-up to lodging its new rulebook (formally known as the constitution) with …

Read more...

News

ORIC Top 500 Report 2014-15

The Office of the Registrar of Indigenous Corporations (ORIC) released the 2014-2015 top 500 Aboriginal and Torres Strait Islander corporations report in December 2015. This is ORIC’s seventh report on the top 500 Aboriginal and Torres Strait Islander corporations. It collates and …

Read more...

Social Justice Commissioner launches 2014 Social Justice and Native Title Report

Mr Mick Gooda is the current Aboriginal and Torres Strait Islander Social Justice Commissioner. The Commissioner has a unique role at the Australian Human Rights Commission, responsible for advocating for the recognition of the rights of Indigenous Australians. As part …

Read more...

Overcoming Indigenous Disadvantage: Key Indicators 2014 Report

The Overcoming Indigenous Disadvantage report: Key Indicators 2014 (OID Report) was released by the Productivity Commission in November 2014. The OID Report measures the wellbeing of Australia’s Indigenous peoples. The report provides information about outcomes across a range of strategic …

Read more...

The Australian Indigenous Governance Institute

The Australian Indigenous Governance Institute is a unique Indigenous led national centre of governance knowledge and excellence. We know that practically effective and culturally legitimate governance is the staple building block for delivering real change.

We assist Indigenous Australians in their diverse efforts to determine and strengthen their own sustainable systems of self-governance by identifying world-class governance practice, informing effective policy, providing accessible research, disseminating stories that celebrate outstanding success and solutions, and delivering professional education and training opportunities.

  • Home
  • Contact
  • Privacy
  • Copyright