What to expect from us when you report a concern

After you lodge a report of concern, you will receive an acknowledgement from ORIC within 2 days.

We will assess the information you provide us and consider the most appropriate way forward. We encourage corporations and their members to try and resolve matters themselves which is a characteristic of a member-controlled, self-governing corporate sector.

If you are a member or director, we will aim to have a non-complex report of concern resolved within 20 days. From ORIC’s perspective, resolved can mean a referral to another agency, advice on action you can take to raise your concerns with the directors of the corporation or that we will not be progressing the report further, or that we are unable to assist with the report as it requires a Court to make a determination.

For reports from third parties, you will also receive an acknowledgment from ORIC but may not hear from us again regarding the progress of assessing your report or its resolution unless we require further information from you.

For reports of concern, it is important to be aware that ORIC cannot investigate every matter brought to our attention, but we do monitor all reports to identify any patterns or trends, and all reports create valuable intelligence to help guide broader ORIC policies and approaches. It is not ORIC policy to provide comment on any investigations or actions we take as a result of a report.

When you request assistance with a dispute, we will first check how your dispute has progressed. It is a good idea to have some supporting documentation ready to help us understand the situation so we can best support you, in some cases we will require it to proceed.

We encourage corporations and their members to try and resolve matters themselves, with little or no intervention from us. When considering disputes, our approach is to:

  • provide clarity on the CATSI Act or a corporation’s rule book
  • provide guidance on the application of the CATSI Act or a rule(s)
  • direct a corporation to do something
  • take action of the Registrar’s initiative
  • intervene if necessary.

As the nature of disputes are varied, we can’t put a general timeframe on resolution, but our staff will work with you to determine what an effective resolution time for your dispute looks like.

How we handle your information

We treat all reports of concern as protected information and will only use or disclose it if authorised by the CATSI Act.

We treat personal information about individuals according to the Privacy Act. We do not disclose the identity of anyone who reports a concern to us unless required by law. 

Actions taken in response to reports of concern are actions in accordance with the Registrar’s function to assist with complaints about or involving corporations, particularly insofar as information elicited under this function is handled under the CATSI Act protected information scheme.

Registrar’s policy on confidentiality

Enabling people to report a concern or provide information in confidence and in a manner that does not result in prejudice or adverse consequences to the person making the report is necessary for the Registrar to perform effectively and efficiently as the regulator of Aboriginal and Torres Strait Islander corporations. See the Registrar's functions and powers on protection for whistleblowers. 

In most instances, a person will have a reasonable expectation that their report or the information they provide in confidence, as well as their identity, will be kept confidential. The Registrar therefore deals with all reports of concern and information provided in confidence, unless there is an express or implied understanding that the concern or information would not remain confidential. 

The name of a person making the report and a copy of their complaint or report will generally not be provided to the subject of report. In seeking a response to a report the Registrar will usually be able to summarise it without identifying the person who made the report. Equally, copies of documents provided to the Registrar in response to a report by the subject of a complaint will generally not be provided to the person who made the report. 

The Registrar will take steps to minimise the risk that a person who made a report or a provider of information in confidence will be identified. The Registrar will take into account factors such as whether: 

  • information is known only to a limited number of people and they know 
  • each other 
  • a document has identifying features such as handwriting, addresses and a 
  • person’s position in a company or a community 
  • information is only general in nature and unlikely to identify the source 
  • the person who made the report has widely published their concern(s) or information 
  • contrary to a reasonable expectation of confidentiality. 

The Registrar will endeavour to maintain the confidentiality of all parties when making detailed enquiries into a report. However, sometimes information about a report will need to be disclosed as part of enquiries made in relation to a report or for other lawful reasons, for example, disclosure pursuant to a warrant issued by a police officer or court. 

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