Making a complaint

If you think there is a problem at a corporation the first step is check what the corporation's rule book says about the matter.

You should then talk to the corporation or, if your concern is serious, you should put it in writing. When you do either of these:

be clear about what the problem is
explain what you want the corporation to do
ask for a response within a reasonable time
be polite
keep a record – what happened, the date and the name of the person you spoke to, or a copy of any letters or emails you sent.

If you aren't happy with the corporation's response you could consider lodging a formal complaint with ORIC.

ORIC’s role

ORIC's role is to assist members and other clients 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. Yet, 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).

Corporations should not take action against any employee without first getting advice from their legal adviser or the Fair Work Ombudsman.

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. Check the rule book for how to request a members' meeting.

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.