Resources and publications

This guide complements the Rule book info kit and is for prescribed bodies corporate (PBCs) and Registered Native title bodies corporate (RNTBCs) who have extra responsibilities under the Native Title Act 1993. It describes some of the important issues that need to be considered when writing rules for these types of corporations. It also suggests some specific rules. It is designed for PBCs, RNTBCs and groups intending to hold or manage native title.

The following submission was made as part of the technical review of the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act).

In the submission we have supported further investigation of a dedicated chapter in the CATSI Act for RNTBCs (native title corporations) and our main recommendations include:

• Amendments to the CATSI Act to reduce the regulatory and reporting burden to ensure compliance is affordable and manageable
• Amendments to the CATSI Act that facilitate the incorporation of subsidiary corporations
• Increased special regulatory assistance for CATSI Corporations that promote compliance rather than punitive measures
• Specific tailored RNTBC corporate governance training
• Making the unique situation of native title corporations clear in a separate chapter of legislation
• Amendments to the laws around meetings and directors that better reflect Aboriginal and Torres Strait Islander law and custom
• Providing culturally appropriate training, information support and resourcing is available for native title corporations
• Ensuring that native title corporations are accountable to the wider Aboriginal and Torres Strait Islander group but have enough discretion to manage the corporation

Since 2016, AIATSIS has contributed to a number of reviews of the CATSI Act including the Technical Review of the CATSI Act (2017) and CATSI Review Phase 1 (2020). Throughout this report, the AIATSIS researchers refer to the AIATSIS submissions for both of these reviews.

This comprehensive review of the CATSI Act, built on a series of reviews undertaken in recent years. Responding to feedback from stakeholders for comprehensive consideration of the ongoing role of the CATSI Act, this review would consider whether the CATSI Act is achieving its objects, particularly as a special measure under the Racial Discrimination Act 1975.

This report details the findings from the survey available on the National Indigenous Australians Agency website for phase one of the CATSI Act review.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector. This snapshot examines the decision-making processes identified by PBCs within their constitutions including voting processes, quorum requirements and the use of independent directors.

ORIC fact sheet about differences between the CATSI Act and the Corporations Act.

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

Information about how individuals can be disqualified from managing corporations under the CATSI Act.

A guide to the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act)

Steps to adopting the condensed rules under the CATSI Act

AIATSIS completed three case studies in the joint management of conservation and Indigenous Protected Areas (IPAs) in partnership with the Australian Collaboration, the Australian Conservation Foundation (ACF) and the Poola Foundation (Tom Kantor Fund), as part of the AIATSIS 'Success in Aboriginal Organisations' Project.

Within this project, Ms Toni Bauman completed a case study of Nitmiluk (Katherine Gorge) National Park. Mr Dermot Smyth carried out two case studies on the Dhimurru Indigenous Protected Area and the Booderee National Park in the ACT.

Information about the roles and functions of PBCs under the CATSI Act, the Native Title Act and the PBC regulations.

On 3 and 4 April 2012, the Northern Territory Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) convened a workshop of state, territory and Commonwealth government staff working in joint management and native title at the Alice Springs Desert Park. The workshop was titled Joint Management of Protected Areas in Australia: Native Title and Other Pathways towards a Community of Practice.

This report captures the workshop where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.

Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests.

The influence of the renowned High Court Mabo case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 per cent of the continent. RNTBCs operate in a profoundly intercultural context where ‘western’ and Indigenous laws are constantly interpreted and negotiated as part of a new suite of landholding and land management practices for contemporary Australia.

Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, Living with native title documents the experiences of RNTBCs, including those that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior to publication.

Living with native title is a product of the AIATSIS research project Prescribed Bodies Corporate: Research Action Partnerships.

Series of templates and example policy documents for organisations registered under the CATSI Act.

Guide for running general meetings for corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

Outline of the rights of members of Indigenous corporations.