Glossary / Key terms

Actions which effect a native title occurring between 1 January 1994 and 23 December 1996 when the High Court found in Wik Peoples v Queensland [1996] HCA 40 that native title and pastoral leases can co-exist. 

Land that cannot be sold or transferred freely. It can only be surrendered to the Crown (or extinguished). Native title is inalienable.

The legal process to form a corporate entity or company. Under the CATSI Act PBCs incorporate through ORIC.

Independent Directors (also referred to as non-member or specialist directors) are directors that are not members of a PBC, but are invited to their board to provide specialist advice. This could be advice on business, law or financial management matters.

Induction is a method of supporting and introducing a new staff or board member to the corporation, their role and work area.

A legally-enforceable court order that forces someone to do something or, more commonly, stop doing something.

An out-of-court dispute resolution process in which a third party helps the parties to reach an agreement themselves.

A PBC member is a person who is recognised as a member of a PBC based on the PBC constitution or rule book.

During a meeting the 'mover' is the person that puts forward a proposal (a motion) to be voted on by the group. A motion must be 'moved' and 'seconded' before it can be voted on.

The Native title Act 1993 (NTA) was passed in response to the Mabo and Others v Queensland (No 2) (1992) 175 CLR 1, setting up a legal process for the recognition of native title in Australia.

An application to make a decision about whether native title exists in the specific area.

A group of people who have native title.

A form of native title where native title rights and interests exist with other, non-Indigenous, property rights.

Organisations recognised under the Native Title Act 1993 that assist Aboriginal and Torres Strait Islander people with all aspects of native title claims.

NTSPs are established to provide the same services as NTRBs in areas where there is no NTRB. Unlike NTRBs, they are not recognised under the Native Title Act 1993 but rather negotiate their funding with the government.

Actions made before 1 January 1994 (when the Native Title Act was passed) which effect native title rights.

The PBC Regulations outline the legal requirements PBCs must follow. These regulations were created through the Native Title (Prescribed Body Corporate) Regulations 1999 (PBC REGs) and made to work with the Native Title Act 1993.

Prescribed Bodies Corporate (PBCs) are a group of people chosen by native title applicants to manage their rights and interests before a decision is made by the court. After a native title decision is made, the PBC becomes a Registered Native Title Bodies Corporate (RNTBC). Whilst officially known as RNTBCs, these groups are still called PBCs. These groups have a job under the Native Title Act 1993 (NTA) to hold, protect and manage native title in their specific area. PBCs look after country and culture according to the wished of the members and native title group.

A proxy is a member who can attend and vote on behalf of others at a general meeting. The proxy rule is a flexible rule that some PBCs do not have in their rule book.

The quorum is the smallest number of members that must be at a meeting for it to start. It is important that quorum is kept throughout the entire meeting. If people leave during the meeting and the number of members present is below quorum then official decisions cannot be made. If this happens people can continue to discuss ideas and share information. Each PBC rulebook has a different quorum as this is a flexible rule in the CATSI Act.