At MPS Law, we’ve worked with First Nations corporations being examined, facing show-cause and compliance notices, under special administration, and those emerging from it. Drawing on this experience — and Office of the Registrar of Indigenous Corporations (ORIC) data — we’ve summarised key insights to help corporations avoid special administration and strengthen governance practices.

Key Takeaways

• ORIC examinations and compliance activity are increasing each year.
• Most special administrations arise from governance and financial management issues.
• Many corporations remain under special administration longer than expected.
• Proactive governance, training, and legal advice can significantly reduce risks.

Understanding Key Terms

In Australia, Aboriginal and Torres Strait Islander corporations are regulated by ORIC under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) — commonly known as the CATSI Act. This includes a wide range of First Nations organisations, including Registered Native Title Body Corporates (RNTBCs). You can learn more about RNTBCs here.

Under the CATSI Act, the Registrar of Indigenous Corporations (the Registrar) can conduct examinations to assess a corporation’s health. Independent examiners review whether the corporation is:

• Meeting the requirements of the CATSI Act;
• Managing finances properly and maintaining financial stability;
• Ensuring directors, officers and employees are fulfilling their duties; and
• Appropriately managing conflicts of interest and personal benefits.[1]

Corporations are routinely examined on a rolling basis,[2] but the Registrar can also initiate an examination when:

• A director or member reports concerns; or
• There is a risk to the provision of public services.[3]

The Registrar may also place a corporation into special administration — a unique CATSI Act mechanism that allows an external person to manage or restore the corporation’s operations.

When Can ORIC Place a Corporation into Special Administration?

The grounds for special administration are found in section 487 of the CATSI Act. Generally, a corporation may be placed into special administration if it is:

• Mismanaging finances;
• At risk of ceasing to provide essential services; or
• In substantial breach of the CATSI Act.

In our experience, the majority of special administrations result from governance issues (especially director duties) and financial management challenges, with an increasing focus on accountability to native title holders for RNTBCs.

 

ORIC Data on Special Administrations

We reviewed publicly available ORIC reports to identify recent trends.

ORIC Activity	2020/21	2021/22	2022/23	2023/24
Examinations conducted (or in progress)	34[4]	40[5]	51[6]	56[7]
Show-cause notices issued	2[8]	5[9]	2[10]	4[11]
Corporations already in special administration	9[12]	4[13]	3[14]	4[15]
Corporations placed into special administration	4[16]	3[17]	3[18]	3[19]
Corporations placed in liquidation	1[20]	*	*	1[21]
Compliance notices issued	14[22]	6[23]	20[24]	12[25]
Corporations taken out of special administration	8[26]	4[27]	2[28]	*

*No data relevant to activity in period

Observations:

1. ORIC examinations are trending upwards.
2. Show-cause and compliance notices remain relatively steady.
3. Fewer corporations are being released from special administration, suggesting longer or more complex cases.

This data demonstrates increasing regulatory scrutiny and a continued emphasis on governance and compliance within the First Nations corporate sector.

 

How Long Do Special Administrations Last?

ORIC suggests simple special administrations should last about six months, and complex ones around twelve months.[29] However, in practice, some last significantly longer.

For example, the Adnyamathanha Traditional Lands Association RNTBC (ATLA) has been under special administration since March 2020 and remains so as of October 2025.[30] MPS Law has been assisting ATLA during the special administration.

Other data highlights:

• In 2022–23, two special administrations ended (lasting 15 and 6 months respectively).[31]
• In 2021–22, the average duration was just over nine months.
• In 2020–21, the average duration was just over seven months (excluding one outlier).[32]

In short, corporations should not expect a quick resolution once placed into special administration.

 

Examples of Special Administrations

Urapuntja Health Service Aboriginal Corporation

• Placed under special administration in January 2020 due to staff safety risks.[33]
• Resolved the issues and exited special administration in July 2020.[34]

Riverina Medical and Dental Aboriginal Corporation

• Entered special administration in February 2022 for financial and governance concerns.[35]
• Reduced staffing vacancies from 33 to 10, appointed new leadership, improved financial systems, and trained staff in financial processes.[36]
• Exited administration in August 2022.[37]

Gunggandji Aboriginal Corporation RNTBC

• Placed into administration in March 2023 after director disputes, pay delays, and reporting failures.[38]
• Exited administration on 1 December 2023 following governance reforms.[39]

Bularnu Waluwarra Wangkayujuru Aboriginal Corporation RNTBC

• Entered administration in early 2023 following an ORIC examination that raised governance and funding concerns.[40]
• Returned to member control on 12 July 2024 after strengthening governance and resourcing.[41]

 

Ten Practical Tips to Avoid Special Administration

1. Obtain employment advice and promote independent recruitment processes.
2. Seek legal advice when responding to ORIC examinations, show-cause or compliance notices.
3. Support early dispute resolution between directors or members.
4. Develop and document sound financial and governance policies.
5. Undertake governance and financial literacy training for boards and key staff.
6. Record minutes and decisions properly and ensure accurate record-keeping.
7. Comply with reporting obligations or seek exemptions where appropriate.
8. Regularly review your rule book and conduct health checks.
9. Promote transparency and communication with members and stakeholders.
10. Engage in strategic planning to align resources and long-term goals.

At MPS Law, we’ve developed a suite of practical tools and factsheets to help First Nations corporations — including governance health checks, meeting preparation guides, and dispute resolution tips.

This article provides general commentary only and does not constitute legal advice. If you are unsure how this information applies to your circumstances, please contact us.

[1] Office of the Registrar of Indigenous Corporations, “Going through Special Administation”, available at https://www.oric.gov.au/for-corporations/resolving-problems/going-through-special-administration, accessed on 1 October 2025.

[2] Ibid.

[3] Office of the Registrar of Indigenous Corporations, “POLICY STATEMENT 25: Examinations”, 26 October 2016, p. 5.

[4] Office of the Registrar of Indigenous Corporations, “Yearbook 2020/21”, p. 50.

[5] Office of the Registrar of Indigenous Corporations, “Yearbook 2022/23”, p. 68.

[6] Ibid, p. 11.

[7] Australian Government, National Indigenous Australians Agency, “Annual Report 2023/24”, p. 209.

[8] Above n 5, p. 62.

[9] Ibid.

[10] Ibid.

[11] Above n 7.

[12] Above n 4, p. 56.

[13] Office of the Registrar of Indigenous Corporations, “Yearbook 2021/22”, p. 77.

[14] Above n 5, p. 63.

[15] Ibid, p. 62.

[16] Above n 4, p. 56.

[17] Above n 13.

[18] Above n 5, p. 63.

[19] Above n 7.

[20] Above n 4, p. 56.

[21] Above n 7.

[22] Above n 4, p. 56.

[23] Above n 13, p. 74.

[24] Above n 5, p. 11.

[25] Above n 7.

[26] Above n 4, p. 56.

[27] Above n 13, p. 75.

[28] Above n 5, p. 11.

[29] Office of the Registrar of Indigenous Corporations, “POLICY STATEMENT 20: Special Administrations”, 21 February 2017, p. 11.

[30] Adnyamathanha Traditional Lands Association, “Special Administration”, available at https://atla.com.au/about-us/special-administration/, accessed on 1 October 2025.

[31] Above n 5, p. 62.

[32] Above n 4, p. 57.

[33] Office of the Registrar of Indigenous Corporations, “Announcements: Registrar triage: NT health service requires special care”, available at https://www.oric.gov.au/about-us/announcements-and-media/media-release/registrar-triage-nt-health-service-requires-special, accessed on 1 October 2025.

[34] Above n 4, p. 58.

[35] Office of the Registrar of Indigenous Corporations, “Announcements: Riverina health service returns to community control”, available at https://www.oric.gov.au/about-us/announcements-and-media/media-release/riverina-health-service-returns-community-control, accessed on 1 October 2025.

[36] Ibid.

[37] Ibid.

[38] Office of the Registrar of Indigenous Corporations, “Announcements: Special administration – Gunggandji Aboriginal Corporation RNTBC”, available at https://www.oric.gov.au/about-us/announcements-and-media/media-release/special-administration-gunggandji-aboriginal, accessed on 1 October 2025.

[39] Kevin Vu, Delegate of the Registrar of Aboriginal and Torres Strait Islander Corporations, ‘End of Special Administration’, 1 December 2023.

[40] Bularnu Waluwarra Wangkayujuru, ABORIGINAL CORPORATION RNTBC, “Special Administration Newsletter 1”, August 2023.

[41] Kevin Vu Delegate of the Registrar of Aboriginal and Torres Strait Islander Corporations, “End of Special Administration”, 12 July 2025.