Registering with ORIC

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Disclaimer

The commentary contained in this section is general. It is not intended to be legal advice or applied uncritically to your specific circumstances. You should seek specific advice that relates to your particular facts and circumstances or the particular facts and circumstances relating to your claim group or PBC.

This page was authored by:

Tim Wishart
Principal Legal Officer Queensland South Native Title Services Ltd.

Steps to register a corporation with ORIC

Step 1: Fill in the Application for registration found on the ORIC forms page or online.

Step 2: Complete your proposed rule book

Complete a rule book agreed to by the members, which says how a corporation operates.

Step 3: Hold a meeting of members (the initial members do not need to be all of the potential native title holders)

Hold a meeting of members to get their agreement to:

  • apply for PBC registration;

  • approve the proposed rule book;

  • nominate the directors; and

  • nominate the contact person or secretary.

Collect evidence that at least 75 per cent of people who have consented in writing to becoming members of the corporation have agreed to the above. This is called the pre-incorporation requirement.

This evidence can be done in two ways:

  • minutes from the meeting — if the agreement was made at a meeting of the members, the minutes of that meeting showing the chairperson's declaration that the resolution was passed at the meeting and signed by the person chairing the meeting.

  • a resolution document — a document signed by 75 per cent of the members to show that each member has agreed to the resolution.

Step 4: Fill out any applications for exemption under the CATSI Act, if applicable

If you think your PBC may have difficulty complying with some set rules under CATSI, you can apply to the Registrar for exemption from them.

The Registrar will only give an exemption if they are satisfied the rule is inappropriate for your PBC or it imposes an unreasonable burden.

Step 5: Send your application form, resolution, rule book and exemption forms to ORIC

Below is a checklist of documents you will need to send to ORIC.

  • for registration form.

  • A copy of the proposed PBC rule book.

  • A resolution of members agreeing to apply for registration. This can be either:

  • a signed resolution from your group that at least 75 per cent of the members applying for registration have agreed to do so; OR

  • if the decision to apply for registration was made at a meeting where the original members passed the required resolutions, the minutes of that meeting.

  • If applicable, any applications for exemption under the CATSI Act.

You can return your form and attachments either by email, fax or post. To email documents, you will need to scan them first.

Email:

info@oric.gov.au

Fax:

02 6133 8080

Post:

Office of the Registrar of Indigenous Corporations
PO Box 2029
Woden ACT 2606

What happens when you return your application?

Your application will be checked to make sure it is filled in properly and that the requirements of the CATSI Act are met. If it is not complete ORIC will write to the applicant and the additional information will need to be provided before the application can be registered.

ORIC will then:

  • send you a certificate of registration;

  • send you a copy of the approved rule book; and

  • put the details of your corporation on the Public Register of Aboriginal and Torres Strait Islander Corporations.

Last modified: 
30 May, 2018