Dispute management: Constitutions of Prescribed Bodies Corporate

The Prescribed Body Corporate (PBC) Native Title Policy Paper series has been developed to share findings from AIATSIS’ native title research projects and the impact of those findings on current policy conversations.

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

A guide to writing good governance rules for PBCs and RNTBCs

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 rule book - info kit

The rule book info kit is comprehensive and takes advantage of the full range of options under the CATSI Act. It includes extra information and notes to help corporations pick and tailor rules.

It is a longer document which includes set laws from the CATSI Act which cannot be changed (rules that apply to all corporations) as well as:

  • rules that must be completed (special to that corporation)
  • rules that can be replaced
  • laws that can be changed
  • rules that are good governance ideas recommended by ORIC.

The rule book - condensed

Example rule book that corporations can use to make their own rule book that complies with the CATSI Act and suits their needs. This rule book satisfies the requirements for most corporations registering under the CATSI Act. This rule book satisfies the requirements for a constitution under the CATSI Act and includes some good governance ideas. It keeps some of the ‘replaceable rules’ under the CATSI Act, and replaces others. It doesn’t include all of the set law under the CATSI Act.