Depending on your organisation’s legal structure, purposes and activities, your organisation may also have obligations to other government agencies. For example, your organisation may be a cooperative or an incorporated association registered with a state or territory regulator, or a company limited by guarantee regulated by the Australian Securities & Investments Commission (ASIC).
The ACNC and ORIC are working together. Even though your corporation may have obligations to both regulators, all you need to do is continue to operate and report to ORIC like you have always done.
Some Aboriginal and Torres Strait Islander organisations are registered as corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act). These corporations are regulated by the Office of the Registrar of Indigenous Corporations (ORIC).
Some of these corporations were also recognised (endorsed) by the Australian Taxation Office (ATO) as charities. If they were endorsed by the ATO before 3 December 2012 they were automatically registered as charities with the Australian Charities and Not-for-profits Commission (ACNC). If not automatically registered as a charity, your corporation may have recently registered or be thinking of registering as a charity with the ACNC.
If your organisation is registered under the CATSI Act as a corporation, as well as with the ACNC as a charity, ORIC continues to be your corporate regulator. ORIC and the ACNC are working together and your corporation can continue to operate and report to ORIC like it has always done.
Having your corporation’s profile on the ACNC Register is an added advantage. The ACNC register is publicly available and used by volunteers, donors, funding bodies and governments.
As a registered charity your corporation will also receive a certificate of registration which can be used to show people, for example used in funding applications.
If your corporation meets all requirements under the CATSI Act and maintains entitlement to be registered as a charity, it will meet its ongoing obligations with the ACNC.
What does my organisation need to do?
|Maintain ongoing entitlement to registration as a charity|
Read about maintaining ongoing entitlement to registration
|Notify the ACNC of certain changes||Continue to notify ORIC of changes to your corporation. ORIC will share these changes with the ACNC. There are some optional changes about your corporation’s charity status that you can notify the ACNC of.|
|Keep records||Continue to follow record keeping obligations under the CATSI Act.|
|Report to the ACNC each year||Continue to report to ORIC as usual. ORIC will share these reports with the ACNC.|
|Comply with governance standards||Continue to follow directors’ duties under the CATSI Act.|
Contact ORIC for information about registering an Aboriginal and Torres Strait Islander corporation, running a corporation, compliance with the CATSI Act, applying for exemptions or deregistering a corporation.
Reporting to ORIC will also meet your reporting obligations to the ACNC until at least the 2023-24 reporting period.
Contact the ACNC for information about who can register as a charity, the registration process, and ongoing obligations to the ACNC.
You can make most of the changes to the charity details on the ACNC Charity Register by logging in to the ACNC Charity Portal.
If you deregister with ORIC and do not want to remain registered as a charity with the ACNC, you need to complete the voluntary revocation form in the ACNC Charity Portal.
If you deregister with ORIC but want to remain a registered charity with ACNC, you will need to meet all the ongoing obligations of a registered charity.
If you are an Aboriginal or Torres Strait Islander and would prefer assistance from an Aboriginal Liaison Officer, tell us when you contact us and we will arrange this for you.