DECISION MAKING

Decision Making

When an Aboriginal Nation has a determination of native title, they form a corporation called a Prescribed Body Corporate (PBC) for the native title area.

Managing native title requires that Aboriginal Nations and PBCs make decisions in particular ways to satisfy law and agreements. They must consider the requirements of the Native Title Act and the Corporations (Aboriginal and Torres Strait Islander) Act (CATSI Act), as well as the cultural practices and best interests of their group.

Group members must work together to make decisions to ensure that their group or corporation functions well and is sustainable into the future.

Depending on the situation, a small group of people may make decisions on behalf of all members. In other situations, all members of a group will have a say in making decisions for their group. It’s important to always consider who should properly make each decision for a native title group or PBC.

People have different roles in native title groups that impacts on their roles in decision making.



There are guides that explain how decisions should be made:

Summary of type of decisions and who makes them

Indigenous Land Use Agreements (ILUAS)

Mining Agreements

Employment

Financial Decisions, like (dividends)



Disclaimer This information is provided for general information and education only. It is not intended to be legal advice or applied uncritically to your specific circumstances. For legal advice specific to your circumstances, consult a qualified Australian lawyer. SANTS has expert native title legal staff available to advise South Australian Aboriginal Nations (link to Services – legal)