RNTBC rule book changes

RNTBCs must have certain rules about disputes and membership eligibility in their rule books. If your RNTBC has not lodged a request to change its rule book yet, contact us and discuss your plans.

Changes to rules

From 25 March 2023 the CATSI Act changed to include new rules for RNTBCs. Under the changes, RNTBCs must revise their rules about disputes and membership, including:

  • who can become a member
  • accepting an application for membership
  • reasons for cancelling membership
  • process for cancelling membership
  • dispute resolution.

Rules about membership

An RNTBC’s rule book must allow for all common law holders to be represented in the membership of the corporation. This can be directly or indirectly.

The directors must accept an application for membership if the applicant:

  • is eligible for membership  
  • applies in the proper way.  

Remove any rules that say otherwise.

The only grounds (reasons) for cancelling membership are those set out in the CATSI Act:

  • ineligibility
  • failure to pay fees
  • uncontactability
  • non-Indigeneity
  • disruptive misbehaviour.  

Remove rules about other grounds for cancellation, if the rule book has any.

There must be no process for cancelling membership other than the processes set out in the CATSI Act.  

If the rule book describes any other process for cancelling membership, remove it.

Rules about disputes

An RNTBC's rule book must include a rule stating how to resolve a dispute between the RNTBC and a common law holder (or person who claims to be a common law holder) about:

  • whether or not the person is a common law holder  
  • the RNTBC’s performance of its native title functions.

Updating the RNTBC rule book

If you haven’t already lodged a request to change your rule book, call or email us to discuss your plans.

We’ll arrange a conversation with a Native Title Engagement Officer.

Compliance action

If you have old rules that are not in line with the CATSI Act, this impacts the rights of members or common law holders. The RNTBC may be in breach of the law and at risk of compliance action.

Your RNTBC will be at risk of compliance action if your rule book:  

  • doesn’t include member eligibility requirements that provide for direct or indirect representation for common law holders
  • has rules for cancelling members that don’t comply with the CATSI Act
  • doesn’t have a dispute resolution clause for common law holders or persons who claim to be common law holders.

We will support RNTBCs that haven’t updated and which contact us. We may take action against your RNTBC if:  

  • you don’t communicate with us
  • the rights of members and common law holders are impacted by your RNTBC’s failure to comply. 

Get help with your rule book 

All corporations have their internal governance rules in their rule books.

Learn more about what needs to be in an RNTBC rule book.  

Download a model rule book for RNTBCs.  

We can review your draft documents and comment on their compliance before you take them to your members for approval.

If you need help to make the changes, book a rule book review workshop for your RNTBC.  

The workshops will help you draft:

  • bchanges to your rule book
  • a special resolution  
  • a notice of a general meeting. 
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