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Prescribed bodies corporate

The Native Title Act 1993 provides for the establishment of prescribed bodies corporate (PBCs) for each native title determination in order to hold in trust, or manage, the determined native title on behalf of the native title holders. PBCs are currently regulated by the Native Title Act 1993, the Native Title (Prescribed Bodies Corporate) Regulations 1999, and from 1 July 2007, the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). Prior to the CATSI Act, PBCs were governed under the Aboriginal Councils and Associations Act 1976.

As at 19 January 2010 there have been 82 determinations that native title exists, and some 80 PBCs have been established, or are in the process of being established. As the number of native title determinations grows, so too will the number of PBCs and the role of PBCs in managing native title rights and interests is likely to become increasingly important to the operation of the native title system as a whole.

Division 6 of Part 2 of the Native Title Act, which deals with PBCs, is administered by the Minister for Families, Housing, Community Services and Indigenous Affairs. Further information is available from the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA).

2007 reforms to PBCs

On 27 October 2006, the Australian Government Attorney-General and the Minister for Families, Community Services and Indigenous Affairs released a Report on the Structures and Processes of Prescribed Bodies Corporate, which examined the structures and preccess of native title prescribed bodies corporate, the bodies established to manage native title following a determination it exists.

The Government will implement all the recommendations in the report, which include measures to:

• improve the ability of PBCs to access and utilise existing sources of assistance, including from Native Title Representative Bodies (NTRBs)
• authorise PBCs to recover costs reasonably incurred in performing specific functions at the request of third parties
• encourage greater State and Territory government involvement in addressing PBC needs, and
• improve the flexibility of the PBC governance regime while protecting native title rights and interests.

Was there public consultation about the reforms to PBCs?

Yes.  Between November 2005 and February 2006 the Australian Government undertook targeted consultations with a range of stakeholders, including existing PBCs, NTRBs, State and Territory governments and industry bodies on the functions and governance model of PBCs with a range of stakeholders including existing PBCs, NTRBs, State and Territory governments and industry bodies.  This consultation process sought to identify the needs and functions of PBCs and to assess the appropriateness of the current governance model for PBCs.  The examination also took into account the effect of the Corporations (Aboriginal and Torres Strait Islander) Bill 2005 (now the Corporations (Aboriginal and Torres Strait Islander) Act 2006).

Interested stakeholders were also invited to contact the Australian Government Attorney-General's Department's Native Title Unit for more information on those consultations. 

The consultations were facilitated by the steering committee that prepared the final report, which comprised officers from the Office of Indigenous Policy Coordination, the Office of the Registrar of Aboriginal Corporations, and the Attorney-General’s Department.

The Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2007 included measures to implement some of the recommendations from the Report on the Structures and Processes of Prescribed Bodies Corporate. 

In 2009, FaHCSIA released an updated set of guidelines entitled - Guidelines for Support of Prescribed Bodies Corporate. Further information is available from the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS).

2010 consultation on possible amendments to PBC regulations

FaHCSIA is working on amendments to the Native Title (Prescribed Bodies Corporate) Amendment Regulations 2010 under the Native Title Act 1993.
This process will amend the existing regulations to:

• improve the flexibility of the PBC governance regime by:
• enabling an existing PBC to be determined as a PBC for subsequent determinations of native title
• removing the requirement that all members of a PBC are also the native title holders, and
• clarifying that standing authorisations in relation to particular activities of a PBC need only be issued once.
• provide for the transfer of PBC functions where there has been failure to nominate a PBC under certain circumstances, and
• enable PBC to charge a fee for costs incurred in providing certain services. Review procedures by the Registrar of Indigenous Corporations of a decision by a PBC to charge such a fee will also be set out.

The Australian Government is seeking written submissions on the draft amendment regulations.  Further information on the consultation process and the submission process is available on the consultation page on the FaHCSIA website.

If you have any issues downloading any of the documents on this page, please contact:

Native Title Unit
Social Inclusion Division
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600

Email: native.title@ag.gov.au