YMAC FACT SHEET
PBC Roles & Functions What is a PBC? A Prescribed Body Corporate (PBC) is the corporation that holds and manages the native title rights and interests in trust for the Native Title Holders of that area. PBCs have certain obligations under the Native Title Act 1993 (Cth) (NTA), such as the requirement to incorporate under the Corporations (Aboriginal and Torres Strait Islander Act) 2006 (Cth) (CATSI Act), as well as the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) (PBC Regulations). The key players that make up a PBC are its members, directors, and officers employed by the corporation. The Native Title Holders, also commonly referred to as Common Law Holders, are also key, as they must be consulted and make decisions on certain native title matters, as laid out in the NTA.
Native Title Holders and PBC membership – what’s the difference? For the most part, all PBC members are Native Title Holders. A Native Title Holder’s rights and interests are no less important if they are not a member of a PBC. A Native Title Holder has the same say about native title decisions as a Native Title Holder who is also a member of a PBC. However, people identified as a Native Title Holder by the Federal Court do not automatically become a member of a PBC following a determination. To become a member, a Native Title Holder can follow the membership process outlined in the PBC’s rule book. A PBC’s eligibility requirements for membership must provide for all the Native Title Holders of the area to be represented. PBCs cannot refuse membership to applicants who meet the eligibility criteria.
RNTBC or PBC? As described on the Office of the Registrar of Indigenous Corporations (ORIC) website: “when a determination recognising native title is made by the Federal Court, the Native Title Act 1993 requires traditional owners to establish a corporation to represent them and their interests. These organisations are known as registered native title bodies corporate (RNTBCs). They are most commonly known as prescribed bodies corporate (PBCs).” YMAC uses the term “PBC” in most publications to refer to both Prescribed Bodies Corporate and Registered Native Title Bodies Corporate.
Why is good governance important? Good governance: · ensures that the PBC is compliant with the laws, agreements and regulations governing it and its funding sources, · sets out a clear process for managing a corporation, · provides accountability to, and transparency for, members and Native Title Holders, and · is culturally responsive.