3. Legislation and Indigenous Corporations

What is an Aboriginal and Torres Strait Islander Community Controlled Organisation?  

Colonisation has seen Aboriginal and Torres Strait Islander peoples subjected to forced removal from their lands and their children. Regulations dictated where they could live and work and whether they could or could not marry.

This denial of rights and restrictions has made self-determination a key aspiration of Aboriginal and Torres Strait Islander peoples and their communities.

Australian culture (and Western culture around the world) has largely moved on from the backward, old fashioned ideas and policies of colonial times. Governments have also evolved into modernisation; however, the legacy of colonial and other past policies have created a heavy burden to manage.

Australia’s First Nations peoples are increasingly playing a major role in managing matters that affect them. Financial and other support is available to organisations working to assist their communities through public programs and initiatives. Support is also available for setting up an appropriate business structure for these organisations.

Clause 44 of the National Agreement on Closing the Gap defines Aboriginal and Torres Strait Islander community control is an act of self-determination. Under this Agreement, an Aboriginal and/or Torres Strait Islander Community-Controlled Organisation delivers services, including land and resource management that builds the strength and empowerment of Aboriginal and Torres Strait Islander communities and people and is:  

  • incorporated under relevant legislation and not-for-profit  
  • controlled and operated by Aboriginal and/or Torres Strait Islander people  
  • connected to the community, or communities, in which they deliver the services governed by a majority Aboriginal and/or Torres Strait Islander governing body.[1]