Required rules for RNTBCs
All registered native title bodies corporate (RNTBCs) must have particular rules about membership and disputes.
Objectives
The objectives must say that the corporation is established to become an RNTBC and carry out the functions of an RNTBC.
The objectives must also say if the RNTBC will act as trustee or agent for the common law holders.
An RNTBC may limit its objectives to managing native title or it may include broader objectives such as supporting the community or commercial activities.
Who can become a member
The rule book of an RNTBC must include eligibility requirements for membership that provide for all the common law holders of native title to be represented, directly or indirectly.
Direct representation
In a direct representation membership model, all individual common law holders who are the minimum age for membership may be a member.
Indirect representation
In an indirect representation membership model, only one person (or a set number of people) representing each common law holder sub-group may be a member.
Accepting an application for membership
In an RNTBC, if the applicant is eligible for membership and applies in the proper way, directors must accept the application for membership.
Rule books of RNTBCs are not allowed to have rules that say otherwise.
Common law holders are eligible for membership.
Cancelling membership
In an RNTBC, the only reasons a person’s membership can be cancelled are those set out in the CATSI Act.
To cancel membership, RNTBCs must use the process in the CATSI Act.
Rule books of RNTBCs are not allowed to have different rules about the reasons or process for cancelling membership.
See more about cancelling membership.
Dispute resolution
All RNTBCs must have a process in their rule book about how to resolve a dispute between the RNTBC and a common law holder (or person who claims to be a common law holder) over:
- whether or not the person is a common law holder
- the RNTBC’s performance of its native title functions.
This is in addition to a dispute resolution clause about how to resolve a dispute between the RNTBC and the member.
You can find an example for this rule in the model rule book for RNTBCs