The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) is the law that establishes the role of the Registrar of Aboriginal and Torres Strait Islander Corporations and provides for a special form of incorporation for Aboriginal and Torres Strait Islander organisations.
Aboriginal and Torres Strait Islander corporations play a critical role in delivering services and supporting economic development in Indigenous communities, particularly in regional and remote Australia. It is important that these corporations have the right regulatory framework and support.
In December 2019, a comprehensive review into the CATSI Act was announced. The National Indigenous Australians Agency (NIAA) led the review.
This comprehensive review built on the findings of the Technical Review of the CATSI Act in 2017. Its scope was expanded to assess the effectiveness of the CATSI Act as a special measure under the Racial Discrimination Act 1975. This review also looked at whether the CATSI Act can better support economic and community development opportunities for Aboriginal and Torres Strait Islander people.
Finally, the review considered the parts of the CATSI Act that are working, and areas that could be improved.
Phase 1
In phase one of the CATSI Act Review, the NIAA asked for feedback on which parts of the CATSI Act that should be part of the review. The public consultation closed on 14 February 2020.
In this first phase, a survey was published on the NIAA’s website that received 60 responses. A further eight submissions were received via email.
Governance was identified as the most important area for respondents, closely followed by the purpose of the CATSI Act.
The Summary Report provides a snapshot of respondents’ commentary according to themes.
The responses received through the online survey and other submissions were used to inform a draft report that was published on the NIAA’s website.
Phase 2
As part of the second phase of the review, NIAA asked for feedback on the Draft Report which outlined suggested changes to the CATSI Act. Feedback about the draft report was received from:
- surveys that were published on the NIAA’s website in relation to the proposals outlined in Chapters 2 to 9 of the draft report to which 141 responses were received
- 41 written submissions
- 41 virtual consultation sessions, attended by 165 participants from across Australia
- 15 individual consultation sessions, for industry stakeholders, traditional owners and other interested stakeholders
- three anonymous feedback responses submitted through the web-based feedback form
- eight feedback responses received via email.
CATSI Act Review Final Report
Feedback from the second phase of consultations informed the CATSI Act Review Final Report. The review included 72 recommendations outlining changes to the CATSI Act, suggesting further consideration of some aspects of the CATSI Act. It also identified additional support that could be provided to corporations incorporated under the CATSI Act.
Exposure Draft of CATSI Amendment Bill
The CATSI Act Review Final Report informed the CATSI Amendment Bill Exposure Draft, which was published on the NIAA website on 8 July 2021. Feedback on the Exposure Draft, including written submissions, was collected and published in the CATSI Amendment Bill Exposure Draft consultation Summary Report.
Exposure Draft of the schedule of amendments to the CATSI Regulations 2017
NIAA also released an Exposure Draft of the schedule of amendments to the CATSI Act Regulations 2017. Feedback on the Exposure Draft, including written submissions, was collected and published in the CATSI Regulations Amendment 2021 Exposure draft feedback summary.
CATSI Act Amendment Bill
The CATSI Act Amendment Bill was introduced into the House of Representatives on 25 August 2021 and debated on 1 and 2 September 2021. On 2 September the bill passed the House.
The Senate referred the bill to the Finance and Public Administration Legislation Committee for inquiry and report. The Committee’s report on Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021 [Provisions] was published in October 2021.
The bill lapsed when Parliament was prorogued on 11 April 2022.