Information Sheet:
Consequences of a Registered Aboriginal Party (RAP)
being placed under Special Administration
The registration of a Registered Aboriginal Party (RAP) is revoked if it is placed under administration, as outlined in section 156(2)(b) of the Aboriginal Heritage Act 2006 (the Act). ‘Administration’ under s156(2)(b) of the Act includes ‘special administration’ under section 487.1 of the Commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006(CATSI Act).
If a RAP is placed under special administration, the Registrar of Indigenous Corporations appoints an independent Special Administrator to oversee and take control of the running of the organisation. The aim of special administration is to restore the organisation to financial and organisational health and, once this is achieved, to give back control to its members.
Upon revocation of a RAP’s registration, the organisation no longer has any functions under the Act.It is important to note the Traditional Owners represented by the organisation retain their rights. Heritage Advisors are advised to continue to discharge their ethical responsibilities regarding consulting with relevant Traditional Owners.
Can a RAP under special administration approve or be a party to cultural heritage permits, cultural heritage management plans (CHMPs), cultural heritage agreements or Aboriginal cultural heritage land management agreements (ACHLMAs)?
No. For CHMPs and permits, the Secretary, Department of Premier and Cabinet, delegated to Aboriginal Victoria (AV), is the approval authority. Sponsors intending to apply for a CHMP or a permit in areas over which a RAP’s registration has been revoked should apply to the Secretary. Note that continuing consultation with the relevant Traditional Owners of the area is advised. Cultural heritage agreements and ACHLMAs are not able to be entered into.
What happens with CHMPs or cultural heritage permits currently under preparation?
A deregistered RAP no longer has the authority to approve a CHMP or a permit. The authority will now rest with the Secretary, Department of Premier and Cabinet, delegated to AV. Sponsors and permit applicants should continue with the CHMP or permit and submit the final CHMP or permit to AV as if there were no RAP. Continue to consult with the relevant Traditional Owners. AV will consult with relevant Traditional Owners in the course of evaluating the application.
How does revocation of a RAP’s registration affect ongoing compliance with approved CHMPs and cultural heritage permits?
It is important for Sponsors to carefully check the wording of the conditions and contingencies of any CHMP or permit held in an areas with a deregistered RAP, as compliance requirements may differ depending upon whether the conditions and contingencies specifically mention the RAP, the organisation, or relevant Traditional Owners.
- Sponsors of CHMPs or permits which contain conditions and/or contingencies instructing consultation or engagement, including salvage arrangements, with a general reference to a RAP, may no longer be required to comply with those conditions and/or contingencies. However, to avoid doubt it is advisable that you continue to do so.
- Sponsors may be required to continue to comply with conditions and/or contingencies of CHMPs or permits which refer to an organisation (even if it is the deregistered RAP), or “relevant Traditional Owners” even if the “relevant Traditional Owners” are members of the deregistered RAP.
How does revocation of a RAP’s registration affect surveys for Aboriginal cultural heritage?
A person intending to undertake a survey for Aboriginal cultural heritage under section 34A of the Act will no longer need to notify the deregistered RAP. Again, however, consultation with the relevant Traditional Owners is advised.
How does revocation of a RAP’s registration affect acknowledgement of country?
An acknowledgement of country acknowledges the Traditional Owners of an area, not any particular organisation. If an event, forum or function is held on country of a deregistered RAP, the Traditional Owner group(s) whom were previously represented by that RAP ought to be acknowledged. See: Protocols for Recognising Traditional Owners
Does revocation of RAP’s registration affect native title or recognition and settlement agreements under the Traditional Owner Settlement Act 2010?
Positive native title determinations and recognition settlement agreements under the Traditional Owner Settlement Act 2010 and Native Title Act 1993are unaffected by the revocation of a RAP’s registration.
Information Sheet - Consequences of a Registered Aboriginal Party (RAP) being placed under Special Administration 1