Complaints about corporations

Complaints about corporations can be resolved directly with the corporation or formally through ORIC. There are some issues the CATSI Act prevents us getting involved with.

Making a complaint about a corporation

Before making a complaint about a corporation, check what the rule book says about the matter. You might be able to resolve it by talking to the corporation. 

If your concern is serious, put it in writing.  

There’s an option to complain to ORIC if you’re not happy with the corporation's response.

Learn more about making a complaint about a corporation.

Handling complaints

Having a strategy to respond to complaints can help strengthen a corporation.

There are some things to consider when making policies and procedures for complaints.

See advice on handling complaints as a corporation.

Disputes about governance

If the disagreement is between people about how to run a corporation, it’s known as a dispute. These must be resolved internally.

Find out more about resolving disputes.

ORIC involvement with complaints

We assist members and other clients to understand the requirements of:

• the CATSI Act  
• the corporation’s rule book.  

Sometimes we can’t help with a complaint because the CATSI Act prevents us intervening.

Dissatisfied clients or customers

ORIC can’t assist with complaints about the corporation’s service delivery.

Clients or customers with concerns about the quality and delivery of services should raise them with the corporation’s staff or directors. 

Membership of a corporation

ORIC can't decide who should be a member of a corporation. Directors make the final decision on membership applications.

That means ORIC can’t:

• assist someone whose application for membership was rejected
• for a Registered Native Title Body Corporate, determine whether someone is a common law holder
• overturn a decision that directors made about a membership application.

ORIC may be able to help if directors fail to deal with applications within a reasonable time or have not followed the process set out in a corporation’s rule book.

The process can take time if family associations need to be checked. If there’s no reason for a long waiting period, the Registrar may write to the corporation. The message will urge the directors to complete their application reviews without delay.

Find out more about approving membership applications.

Instructing senior staff

ORIC can’t direct or terminate the employment of the senior staff of a corporation. Members appoint directors to manage the corporation’s business.  

This includes employing senior staff (such as a CEO or manager) to help them with the practical day-to-day operations, like meeting:

• legislative requirements  
• funding agreements.

It’s up to directors to resolve problems with senior staff performance or behaviour.

We can suggest some strategies for directors. But we can’t intervene in issues between directors and staff unless there may be criminal activity.

Before taking action against any employee, get advice from a legal adviser or the Fair Work Ombudsman.

Members’ complaints about directors

Members may disagree with the way the directors are governing their corporation, including:

• the staff they employ  
• how staff are managed.  

Members should first try to talk to the directors about the matter to see if they can resolve it together, informally.  

ORIC can’t intervene where the issue is a difference of opinion about an operational or management matter. ORIC also can’t intervene where the issue is about a personal matter and unrelated to the corporation.

Members can ask directors to hold a general meeting to change directors if enough members support it.

Check the rule book for how members request a general meeting.