There are many different laws about who can manage a corporation or who can serve on an Indigenous corporation’s board of directors. Those who cannot are called 'disqualified' and the reasons they cannot are mentioned below.
Under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) some people are not allowed to be members of an Indigenous corporation’s board or manage a corporation. These people are called 'disqualified'. A person is automatically disqualified if they:
A person who is bankrupt cannot be the contact person or secretary of an Indigenous corporation. For a small fee you can search lists of people who are bankrupt at the Insolvency and Trustee Services Australia (ITSA) website.
Individuals can be disqualified by a court if they have contravened a civil penalty of the CATSI Act, have repeatedly contravened provisions of the Act, or if they have been involved with two or more corporations that have experienced corporate failure. This is consistent with the Corporations Act. The Registrar can also disqualify directors and officers in some circumstances.
For more information, see the fact sheet called Duties of directors and officers.
The Registrar is required to keep a Register of Disqualified Officers under the CATSI Act. This Register contains information about people who have been disqualified from managing corporations either by a court or by the Registrar. It will also contain information about disqualified officers who have been granted leave to manage Aboriginal and Torres Strait Islander corporations. At this stage no one has been disqualified from managing a corporation.