The Office of the Registrar of Indigenous Corporations (ORIC) has announced a Policy Update regarding Common Law Holders and PBC membership.
The announcement is as follows:
The announcement is as follows:
In response to enquiries on the representation of common law holders in corporation membership, the Registrar of Aboriginal and Torres Strait Islander Corporations has updated ‘Policy statement 10: Registered native title bodies corporate’.
The update seeks to provide clarity on the provisions of the CATSI Act that apply to member eligibility and representation of common law holders in RNTBC membership, ensuring fairness and equal treatment across all members.
A common law holder’s native title rights and interests are no less if they do not become a member of the RNTBC – the law is clear there are specific requirements involving consultation and consent of common law holders in the process for a corporation to make a native title decision.
However, it is also law that common law holders must not be prevented from being able to participate in the decisions and affairs of their RNTBC by becoming a member or being represented by someone who is a member.
The CATSI Act requires that RNTBCs have eligibility requirements that provide for all common law holders of native title to be represented in the membership, either directly or indirectly.
RNTBCs cannot impose eligibility requirements that would exclude a common law holder from being represented within the corporation. Nor can they refuse a membership application from an eligible common law holder.
The Registrar encourages all RNTBCs to review their membership eligibility rules to ensure common law holders can be represented in the membership of their corporation.
Also to ensure there are not rules excluding a common law holder from being represented within the corporation, including in circumstances following cancellation of a previous membership for misbehaviour.
Where eligibility or representation status is disputed between a corporation and common law holders or people who claim to be common law holders, parties must follow the process in the corporation’s rule book to resolve the dispute.
Kind regards,
Office of the Registrar of Indigenous Corporations
For any queries, contact ORIC -
Freecall: 1800 622 431
PO Box 29 Woden ACT 2606
