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Indigenous Governance Toolkit

An online resource to help Indigenous organisations, communities, nations and individuals build, strengthen and evaluate their governance.

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Professional development

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Tailored professional development

Customised professional development and training to help you design a governance framework for your specific purpose, environment and resources.

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Governance reviews and advice

Our advisory service combines our extensive experience and expertise to review your organisation's cultural and corporate governance.

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Explore our professional development events to find the governance training and support you need – including informative masterclasses, webinars and conferences.

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Programs

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Indigenous Governance Awards

The Indigenous Governance Awards identify, celebrate and promote outstanding governance in Aboriginal and Torres Strait Islander organisations, projects and initiatives across the nation.

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Emerging Directors Program

The Emerging Directors Program is shaping the future of governance by empowering the next generation of First Nations leaders.

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About us

About us

Who we are

AIGI is a national not-for-profit organisation that delivers training and resources to meet the self-determined governance needs of Indigenous Australians.

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We connect Indigenous Australians to world-class governance practices to support self-determined governance.

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History

Our development as a national institute delivering training and resources to meet the self-determined governance needs of Indigenous Australians.

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We partner with others to expand our reach and impact and share our deep knowledge of Indigenous governance practices.

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Indigenous Governance Toolkit Indigenous Governance Toolkit
AIGI Honoured at 2025 Australian Not-for-Profit Technology Awards
May 09 2025
AIGI Honoured at 2025 Australian Not-for-Profit Technology Awards

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Your people
Community inclusion in the board room
Mar 25 2025
Your people
Community inclusion in the board room

Kanyirninpa Jukurrpa’s (KJ) governance structure is unique, reflecting its commitment to shared leadership and community-driven decision-making KJ’s board of directors ensure equitable representation from...

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Your people
ALPA’s board
Mar 21 2025
Your people
ALPA’s board

ALPA is led by an all-Yolŋu board of directors from each of ALPA’s five communities: Galiwin’ku, Gapuwiyak, Milingimbi, Minjilang and Ramingining Two directors are nominated from each community – one a trad...

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Your people
Yappera’s board
Mar 21 2025
Your people
Yappera’s board

Yappera Children’s Service Co-Operative is governed by a board of seven Aboriginal and/or Torres Strait Islander directors These directors are elected by Yappera’s membership during the Annual General Meeting...

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Your people
Supporting women’s financial independence
Mar 21 2025
Your people
Supporting women’s financial independence

NPY Women’s Council (NPYWC) began as an advocacy organisation for women in the NPY region Today, it is also the major provider of human services to women and their families NPYWC is governed and directed by Abor...

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Your culture
Aboriginal community governance in the 2019–20 Black Summer bushfires
Mar 07 2025
Your culture
Aboriginal community governance in the 2019–20 Black Summer bushfires

The bushfire season of 2019-20, commonly referred to as the ‘Black Summer’ bushfires, stands as a significant natural disaster in Australian history Its scale and intensity had far-reaching consequence...

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Leadership
Knowledge Transfer Tool
Feb 28 2025
Leadership
Knowledge Transfer Tool

This tool will help you develop an internal process to plan for the future transition of board directors or members of your group Different exercises in this tool will prompt you to consider differently types of k...

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Your people
Board Skills Matrix
Feb 21 2025
Your people
Board Skills Matrix

This resource offers a comprehensive skills matrix designed to assess the key competencies and capabilities of your board Review the skills outlined in the matrix and evaluate each one based on your board members&...

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Systems and Plans Your culture
Culture at KJ
Jan 20 2025
Systems and Plans Your culture
Culture at KJ

Kanyirninpa Jukurrpa (KJ) was born from the vision of Martu Elders, who sought to preserve their culture, strengthen connections to Country, and ensure a sustainable future for their people This vision was brought...

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Self-determination
Cultural Data Management at KJ
Jan 20 2025
Self-determination
Cultural Data Management at KJ

Kanyirninpa Jukurrpa (KJ) is committed to safeguarding the authority and control for Martu people over their rich cultural heritage; as well as ensuring their accessibility for current and future generations Throu...

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AIGI / Resource Hub / CATSI Act compared to the Corporations Act

Aboriginal and Torres Strait Islander peoples are advised that this website contains the photographs, voices, names and stories of deceased persons.

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Indigenous Governance Training and the CATSI Act Review.
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CATSI Act compared to the Corporations Act
  • Home triangle
    • Home
    • About the Toolkit
    • How to use this Toolkit
    • Toolkit sections overview
  • Understand Indigenous governance triangle
    • Overview
    • Defining governance
    • Indigenous governance
    • Governance lingo
    • Self-determination and governance
    • Effective Indigenous governance
  • Your culture triangle
    • Overview
    • Centre your culture
    • Culture-smart governance
  • Assess your governance triangle
    • Overview
    • When to assess your governance
    • Know your people
    • Learn from history
    • Assess your purpose and vision
    • Recognise your internal culture
    • Map your assets
    • Monitor your wider environment
    • Plan for the future
  • Build your governance triangle
    • Overview
    • How to get started
    • Choose your governance model
    • Decide whether to incorporate
    • Develop your rules or constitution
  • Your people triangle
    • Overview
    • Your key players
    • Members
    • Board of directors
    • CEO and managers
    • Staff
    • Relationships
    • Diversity, equity and inclusion
    • First Nations women in governance
  • Leadership triangle
    • Overview
    • Aboriginal and Torres Strait Islander leadership
    • Leadership styles
    • Challenges of leadership
    • Develop your leadership
    • Succession planning
    • Evaluate your leadership
  • Systems and plans triangle
    • Overview
    • Policies and procedures
    • Communication
    • Meetings
    • Decision-making
    • Financial management
    • Strategic planning
    • Risk management
  • Conflict resolution and peacemaking triangle
    • Overview
    • Understand conflicts, disputes and complaints
    • Understand peacemaking
    • Implement peacemaking processes
  • Self-determination triangle
    • Overview
    • Self-determination for Aboriginal and Torres Strait Islander peoples
    • Nation building, treaty and development
    • Nation building in practice
  • Governance Stories
  • Glossary
  • Other Resources
  • Useful Links
  • Factsheets
  • Acknowledgements

CATSI Act compared to the Corporations Act

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CATSI Act compared to the Corporations Act
Feature CATSI Act Corporations Act
Company structure Corporation. Company limited by guarantee (most common structure for Aboriginal and Torres Strait Islander groups).
Naming Business name must include the words, or a combination of the words:

  • Aboriginal Corporation
  • Torres Strait Islander Corporation, or
  • Indigenous Corporation.

See the ORIC website for more details.

Business name is followed by a series of words indicating what type of company it is, for example: Proprietary Limited or Pty Ltd.
Aboriginal and/or Torres Strait Islander membership Most members – and a majority of directors – must be Aboriginal or Torres Strait Islander people. No race-based restrictions.
Governing document Rule book is your primary governing document. Constitution is your governing document.

Alternatively, you can use ‘Replaceable rules’ – a basic set of rules for managing your company.

Aboriginal and/or Torres Strait Islander customs and traditions Rule book can take into account Aboriginal or Torres Strait Islander customs and traditions.

Provisions in the CATSI Act recognise the special circumstances of Aboriginal and Torres Strait Islander corporations – for example, in relation to meetings.

Provisions in the Corporations Act are mainstream. For example, all organisations must hold an annual general meeting each year.
Liability of members When they register the corporation, members can choose not to be liable for the debts of the corporation. Similar to CATSI Act, liability under Corporations Act is generally a small amount per member.
Minimum number of members and directors Must have at least five members to register, and a minimum of three directors. Need only one member to register, and a minimum of 3 directors.
Funding options Can access more government funding under the Indigenous Advancement Strategy.

This funding assists corporations to deliver programs.1For an Indigenous organisation (a corporation that satisfies the Indigeneity requirement under Section 29-5 of the CATSI Act), the Indigenous Advancement Strategy Guidelines set as a condition for funding of $500,000 or more, that the relevant body is incorporated under the CATSI Act. There are exceptions to this. Where an Indigenous organisation is already incorporated under the Corporations Act it will not be required to change its organisation status. Also, an application can be made to the Minister for an exemption from this requirement. This is subject to change as the funding guidelines change.

This funding is not available.
Reporting In special circumstances, allows for exemptions from some reporting requirements.2“Lodging reports,” ORIC, accessed May 2023, [link]

Some flexibility, but strict requirements for corporate governance still exist.

Generally stricter governance requirements.
Flexibility The ORIC Registrar has more flexibility in administration to assist corporations to maintain the best possible governance.3“Special rules for during the pandemic,” ORIC, accessed May 2023,

ORIC can approve ‘special rules’ that allow for greater flexibility to comply with the CATSI Act. For example, in response to the COVID-19 pandemic, corporations could postpone or cancel a meeting, more easily pass resolutions without a meeting, and meet virtually.4“Special rules for during the pandemic,” ORIC, accessed May 2023,

Unlike CATSI Act, which was designed as a special measure, Corporations Act offers less flexibility.
Regulation of charities and not-for profit organisations If you are a CATSI corporation and are also registered as a charity or not-for-profit with the Australian Charities and Not-for-profits Commission (ACNC), you only need to report to ORIC. ORIC shares the information with the ACNC.5“Registrar and ACNC continue ties to reduce reporting obligations,” ORIC, accessed May 2023. Must report some things related to your corporate status to ASIC.

Must report some things related to your charitable status to the ACNC.

To learn more, see Charities registered with the ACNC on the ASIC website.

Fees Free to register. Some fees to lodge forms and documents– see Schedules of corporations fees on the ASIC website.
Native title A Prescribed Body Corporate (PBC) must be registered under CATSI Act. Cannot register as a PBC under Corporations Act.
Training and assistance from the regulator ORIC can provide more hands-on assistance than ASIC – for example, support, information and training.

ORIC has LawHelp – a referral service for Aboriginal and Torres Strait Islander corporations.

The ORIC Registrar has special regulatory powers.6“Regulatory powers,” ORIC, accessed May 2023, [link] These are more extensive in some areas than ASIC’s powers – this can be an advantage or a disadvantage.

Limited access to regulatory assistance.
Examinations by regulator ORIC carries out examinations on a rolling basis, or when a matter comes to the attention of the Registrar.

Following examination, a corporation may need to make changes to its governance. There may also be more serious findings.

These examination can be useful as a ‘health check’ – to assist organisations to meet their governance requirements.

ASIC also has examination powers.7“ASIC’s compulsory information-gathering powers,” ASIC, accessed May 2023, [link]
Special administration Special administration under CATSI is different Corporations Act.

Registrar can provide early proactive regulatory assistance when a corporation experiences financial or governance difficulties. The aim is to return control of a better corporation back to its members.

This ‘special administration’ not available under Corporations Act.
Shares Members cannot own or trade shares in the corporation.

However, they can include rules in the Rule Book about how any profits are shared.

Companies can issue shares.

Proprietary companies can issue shares to its members, and public companies to the public.

Debentures Aboriginal and Torres Strait Islander corporations cannot issue debentures.

A debenture is a note or certificate acknowledging a debt or other securities.

Can issue debentures and other securities.

Companies issue debentures in return for funds.

Financial services or trade union Cannot provide financial services or be a trade union. Has provisions dealing with managed investment schemes and financial products/services.

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    Deciding whether to incorporate
    NPY Women’s Council’s Law and Culture meetings

    AIGI acknowledges the Traditional Owners of the land, and pays respect to Elders past, present and emerging.

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