Prescribed bodies corporate (PBCs)
On 27 October 2006, the Australian Government Attorney-General and the Minister for Families, Community Services and Indigenous Affairs released a report examining the structures and processes of native title prescribed bodies corporate (PBCs), 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.
Background to the examination of PBCs
The Native Title Act 1993 provides for the establishment of 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, the Native Title (Prescribed Bodies Corporate) Regulations, 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.
While there have been around 74 determinations that native title exists, to date only 44 PBCs have been established, and concerns have frequently been raised about the functioning of some PBCs. PBCs are a key element of the native title system, and need to operate effectively so that native title holders are able to utilise their native title rights and to discharge their land management obligations. As the number of native title determinations grows, 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 prescribed bodies corporate, is administered by the Minister for Families, Housing, Community Services and Indigenous Affairs.
