All directors of Aboriginal and Torres Strait Islander corporations are required to hold a unique director identification number (‘director ID’) administered by Australian Business Registry Services (ABRS.)
Read about the director ID requirement on our website.
Where the sector is at
Congratulations to the 786 corporations where all directors have a director identification.
Another 805 corporations are almost there with a number of their directors having obtained and provided their director identification.
ORIC continues to support the director ID program through the provision of information and facilitating application processes at our events.
Potential enforcement
The Registrar is responsible for enforcing offences under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) for director ID and notifications of director details.
A person can be appointed as a director, participate in directors' meetings, and perform their duties and functions without a director ID. But not applying for a director ID on time is an offence under the CATSI Act which may attract a penalty.
For director ID, it is an offence to:
- not have a director ID if you're a person required to have one
- not apply for a director ID after you have been lawfully directed to
- apply for a director ID when you know you already have one
- give a corporation a director ID that isn't yours.
It is also an offence:
- if a director or alternate director doesn’t give their corporation their personal details within 14 days of their appointment or within 14 days of a change to their personal details.
- if a corporation doesn’t notify the Registrar within 28 days of an appointment of a director or a change to the personal details of a director or alternate director.
The community can expect the Registrar will take a reasonable and proportionate approach to enforcing these offences.
While the priority remains on supporting people to apply and to update corporation records, the Registrar will take enforcement action at any time.
In line with the Registrar’s regulatory posture, a risk-based approach will be taken with regard to enforcement action which prioritises non-compliance that presents risks to the corporation’s governance and the membership as a whole; and where non-compliance is intentional or deliberate.
Enforcement action will be considered where:
- a director fails to apply for a director ID after being lawfully directed to do so
- a director intentionally applies for a director ID when they knowingly already have one
- a director provides a false director ID
- there is evidence of a risk to the corporation’s governance stability, director duties or compliance
- it is relevant to other regulatory action being taken.
How to prevent enforcement action
Directors can avoid enforcement action by applying for director ID and providing it to their corporation/s within 14 days.
Corporations can avoid enforcement action by notifying the Registrar of changes to director details within 28 days of the change.
Tricia Stroud,
Registrar of Aboriginal and Torres Strait Islander Corporations
30 May 2024