Rule book changes

Changes to RNTBC rule books

From 25 March 2023 all registered native title bodies corporate (RNTBCs) must have particular rules about disputes and membership eligibility in their rule books.

If your RNTBC has already lodged with ORIC a proposed rule book addressing the requirements, thank you. If your RNTBC has not yet lodged a request to change its rule book the most important thing is to contact ORIC and discuss your plans.

What rules need to change?

All RNTBCs must have particular rules about disputes and membership.

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 and applies in the proper way. Any rules that say otherwise should be removed.

Further, the only grounds (reasons) for cancelling membership are those set out in the CATSI Act: ineligibility; failure to pay fees; uncontactability; non-Indigeneity; or disruptive misbehaviour. If an RNTBC's rule book includes any other grounds for cancellation, those rules must be removed.

There must be no process for cancelling membership other than the processes set out in the CATSI Act. If an RNTBC's rule book describes any other process for cancelling membership, it must be removed.

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 and
• the RNTBC’s performance of its native title functions.

What happens if RNTBCs have not got the rules

If we don’t hear from you, we may take compliance action against your RNTBC.

The changed requirements in the legislation will apply to your RNTBC despite anything in your rule book. This means, if you rely on old rules that are inconsistent with the CATSI Act and 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:  

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

ORIC's focus

ORIC’s focus remains on supporting RNTBCs to make the required changes, even if they have not been made before 25 March 2023.

However ORIC 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.

Help available from ORIC 

Our website has all the resources you need to make the changes: 

• A fact sheet about Rule book changes for RNTBCs. This includes: a list of the changes that RNTBCs need to make; when the changes need to be made by; the steps a corporation needs to take to change its rule book.
• A model rule book for RNTBCs, which includes rules for native title functions and responsibilities, and provides some example rules to help RNTBCs design rules to suit their own circumstances. 
• Example template documents for the process of getting member agreement and recording it:  
  • Notice of a general meeting with example words for a special resolution for adopting a new rule book inserted (note that changes to rules can be made at any meeting of members – the annual general meeting or another general meeting).
  • Example words for a special resolution for adopting a new rule book for inserting into meeting minutes (note: the exact words of the special resolution must be in both the meeting notice and meeting minutes)
• Minutes of general meeting and minutes of annual general meeting

ORIC is available to review all your draft documents to make suggestions on their compliance before you take them to your members for approval.

If you need assistance to make the changes book a rule book review workshop for your RNTBC available in person and online. The workshops will help you draft changes to your rule book, a special resolution and notice of a general meeting.