PBC Dispute Resolution

Proper management of disputes within a Prescribed Body Corporate (PBC) can strengthen member and community confidence. While disputes can be difficult for all parties involved, all disputes should be managed according to your PBC rule book. We’ve created this blog post to help you understand your rights and responsibilities as a PBC.

PBC rule book changes

Most rule books will already have a dispute resolution process. What has changed is that your rule book must include a process to resolve disputes with members and a process to resolve disputes for a person who is not a member but is a common law holder.

Changes to native title laws and obligations

On 3 February 2021, the Australian Government passed the Native Title Legislation Amendment Act 2021 (Amendment Act) which made changes to the Native Title Act 1993 (NTA) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

At the same time, the Government passed the Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021 (Amendment Regulations). The Amendment Regulations clarified how PBCs consult with their native title holders before making a native title decision.

These new changes introduced new rules and requirements for PBCs. To read the full fact sheet of changes, click here.

Member disputes

1. Check the corporation’s rule book to identify which process applies to your dispute.
2. If the dispute is about governance and internal operations, ORIC can provide dispute resolution support.
3. If the dispute is about native title, the Native Title Tribunal can assist in resolving disputes. Although the Tribunal will provide support, it is expected that the PBC will go through their own dispute resolution processes as outlined in their rule book before seeking support.

Non-Member disputes

1. Speak to the corporation about your concern. If the matter is serious, put it in writing explaining the problem, the outcome you are looking for, what help you are expecting from the PBC and when you would like a response.
2. If you aren’t happy with the corporation’s response, you can then lodge a formal complaint with ORIC.
3. If your complaint is about how the PBC is making decisions about native title, the Native Title Tribunal can assist. The Tribunal may investigating the matter further or provide mediation. If mediation is required, you can also contact the Registered Mediation Accreditation Body.

How can we help?

At Parallax Legal, we can provide clarity and support around dispute resolution to ensure that your PBC is up to date with the changes and is following its rule book correctly.