ORIC assistance

Where ORIC can and can't help

ORIC's role is to assist corporation directors and members to understand the requirements of the CATSI Act and the corporation’s rule book. Sometimes complaints are made about things that the CATSI Act prevents ORIC helping with or intervening in.

Membership of a corporation

Directors make the final decision on membership applications. The CATSI Act is very clear that ORIC can't decide who should be a member of a corporation. ORIC also can't assist someone who has applied to be a corporation member and had their membership rejected. We cannot overturn a decision that directors have made about a person's membership application.

Where directors fail to deal with applications for membership within a reasonable time, ORIC will check to make sure a breach of directors’ duties hasn’t occurred (such as to act in the best interests of the corporation). In some cases where family associations need to be verified, the process can take some time – and this must be taken into consideration. Where there are no reasons for lengthy waiting periods, the Registrar may write to the corporation urging the directors to complete their application reviews without further delay.

Instructing senior staff

ORIC can’t give direction to the senior staff of a corporation. Under the CATSI Act, the directors are appointed by the members 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 ensuring that all legislative requirements and funding agreements are met.

If the directors have a problem with the behaviour or performance of senior corporation staff, it’s up to them to resolve it. Corporation senior staff report to the directors, so if the directors are unhappy or worried about what senior staff are doing – or not doing – they must tackle the issue themselves. The relationship between directors and staff is outside of ORIC’s scope. While we can suggest possible strategies that directors might use, we can’t directly intervene (unless criminal activity is suspected).

Members not happy with directors

Sometimes members may disagree with the way the directors are governing their corporation, including the staff they employ and how they manage them. These members should try, in the first instance, to work out the matter informally by talking to the directors and getting to the bottom of the problem. ORIC can’t intervene where the issue is a difference of opinion about an operational or management matter – this is for the corporation to work out.

If after talking to the directors the members are still not satisfied, they can request a members’ meeting to change the directors, if there are enough members who support a change. 

Learn more about removing a director.

Dissatisfied clients or customers

If the corporation’s clients or customers have concerns about the quality and delivery of services, they should raise them with the corporation’s staff or directors. Delivery of the corporation’s services is not a matter for ORIC. You can also check with your state or territory's fair trading department.

How to make a complaint

We need details in writing so it’s best to email or write to us. We need: 

• the name of the corporation and the names of the people involved, if any  
• the facts about what has happened 
• copies of your supporting material, such as correspondence, minutes of meetings and receipts
• details about how you have already tried to solve the problem 
• what action you would like us to take 
• your contact details – complaints can be made anonymously but that will prevent us from following up with you. 

What happens next? 

We will reply to let you know your complaint has been received. 

We will then review the information and material you provided and decide whether to take action. In making this decision we will consider whether:

• a provision(s) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 appears to have been breached 
• it is serious, ongoing and provable, and
• taking further action is in the public interest.

The CATSI Act states that ORIC may not disclose certain types of information that we receive. Therefore we are unable to keep you updated about any future steps that may be taken. This ensures that any potential investigation or regulatory action is not compromised.

The information you provide will be recorded in ORIC’s system even if it does not proceed to an investigation. We may use the information in future regulatory considerations.

Possible outcomes

If the corporation has done the wrong thing, the Registrar may recommend that it: 

• change its rules, policy or procedures 
• correct any mistakes that have been made 
• reconsider its response and provide an explanation of the issue to the members in a general meeting. 

The Registrar may also examine or investigate the corporation and its officers. If the Registrar finds that the corporation has done nothing wrong, you will be informed of the reasons for that decision. If it seems that problems have been caused by an underlying dispute, the Registrar will encourage the corporation to follow its rules for resolving disputes.

ORIC involvement with resolving disputes

Resolving disputes is the corporation’s responsibility. But we may be able to help if the dispute is about governance.

Getting help from ORIC can involve:

• an advisory opinion
• advice
• conferencing
• asking someone from ORIC to attend a meeting.

Learn more about resolving disputes.