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 template can be used to establish a plain English Code of Conduct for board members or your general PBC staff.

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

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

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.

Factsheet about keeping meeting minutes for Indigenous corporations registered under the CATSI Act.

ORIC newsletter about making changes to a corporation rulebook (constitution)