A PBC constitution brings together the constitution of the corporation, legal requirements dictated by the CATSI Act that cannot be changed (inflexible rules or non-replaceable rules) as well as rules that individual PBCs can modify or remove to suit their needs (flexible or replaceable rules). The constitution may also contain exemptible rules. This occurs when ORIC exempts a PBC from an inflexible rule under special circumstances.
PBC constitutions must cover the corporation’s name, objectives, and internal dispute resolution mechanisms. PBC constitutions also include information about membership application, meetings, director duties, record keeping and finance.
PBC constitutions are publicly and freely available on the ORIC website. Here, it is possible to search by the name of corporation to access public documents including the constitution.
Changing a constitution
PBCs are able to make changes or add to their constitution after it has been initially approved by ORIC. In order to make changes to their rules PBCs are required to first hold a general meeting to receive approval from members and then they must provide ORIC with the required documentation.
- Corporations (Aboriginal and Torres Strait Islander) Act 2006
- Native Title (Prescribed Body Corporate (Regulations) 1999
- What’s in the corporation rule book?, ORIC
- A corporation’s rule book: what you need to know, ORIC
- Changing the rule book, ORIC
- The rule book condensed, ORIC
- The rule book info-kit, ORIC
- A guide to writing good governance rules for prescribed body corporates and registered native title body corporates, ORIC