Delegated authority to lodge forms and reports

Delegated authority to electronically lodge applications, forms and reports on behalf of a corporation

ORIC allows certain documents to be submitted for lodgement electronically either by email or in myCorp. This is because the CATSI Act says the Registrar can approve types of documents that can be lodged electronically. 

If you are not a director or secretary for an Aboriginal or Torres Strait Islander corporation, you will need to give evidence to ORIC that you are someone the board of directors has allowed to submit documents for lodgement electronically. 

This includes contact people who may wish to lodge documents on behalf of the corporation. This is to make sure that the:

• people submitting documents for lodgement have been allowed to do so by the directors – the directors have passed a resolution delegating these powers; and 
• corporation and ORIC know who is submitting documents for lodgement.

When the directors resolve to let someone else submit documents electronically for lodgement, ORIC calls this ‘delegated authority’. 

ORIC needs evidence if the board of directors has delegated authority to someone to submit applications, forms and reports for lodgement with ORIC on their behalf.

Once ORIC has evidence, ORIC will be able to:

• receive lodgements from the person by email, and/or 
• set them up in myCorp to manage the corporation’s affairs in ORIC’s online portal. 

Delegating directors’ powers to a person 

It is important that directors be specific about which of their powers they are delegating to another person in their resolution. For example, if the directors want to maintain greater oversight of documents, it is recommended the directors only delegate authority for lodging forms and reports by email. 

This is because people with delegated authority to use myCorp can do more things on behalf of the corporation. By delegating authority for a person to use myCorp, the person can perform the following tasks:

• update corporation information such as its address, contact details, and appointed auditor
• add and remove members and update members’ personal details
• lodge change of officer forms including removing and adding a person as a director, contact person or secretary
• request registration of a new rule book 
• lodge reports such as the financial report, general report, auditor’s report and directors’ report
• lodge applications for: 
  • an exemption 
  • an extension 
  • permission to deny a members’ request for a general meeting
• lodge related party benefit transactions to be approved by members for the Registrar’s comment
• lodge a name or native title status change request.

ORIC is unable to limit a user’s permissions within myCorp. For some of these tasks in myCorp, a person with delegated authority can sign lodgments instead of a director for the purposes of section 404-5 of the CATSI Act. This means that when delegating authority to use myCorp, directors are taken to have delegated the signing of certain documents to the person they delegate authority to.

Most of these documents will still require evidence and supporting documentation, but not all of them. The directors need to trust whoever they delegate authority to. 
If directors do not want a person to be able to perform these tasks on behalf of the corporation, they do not have to delegate authority and can manage their corporation’s affairs in myCorp themselves. 

Directors and secretaries are provided with access to myCorp when ORIC is advised of their appointment.

Directors may also consider limiting their delegated powers to another person so they can only make lodgements on behalf of the corporation via email. 

Note: If you delegate authority to another person to use myCorp on behalf of a director or a board of directors, you must understand that the person will have the ability to complete any of the tasks listed above, including signing certain documents as a director for the purposes of section 404-5 of the CATSI Act. 

How to supply your evidence

ORIC has not set an approved form under the CATSI Act to give evidence of a delegation to ORIC. If the directors have delegated authority for you to submit corporation documents for lodgement, either you or a director need to tell ORIC for lodgements to be accepted. 

There are 2 ways to do this:

• In myCorp – A current director of the corporation can log into their myCorp account and submit a request to record delegation of the directors' powers to another person. This will generate an email from myCorp inviting the other person to sign up or sign in. If the directors use this form to tell us the directors have delegated their authority to another person, that person will be able to access myCorp once the form is approved. If the directors of a corporation don't want another person to have access to myCorp, they can email ORIC instead to tell ORIC who the directors have delegated authority to and for what actions. 
• By email – Send an email to info@oric.gov.au asking ORIC to record a delegation against a myCorp user account and link the account to the relevant corporation. That person will then be able to submit and lodge forms and reports for that corporation. Send an email if the delegated authority is only for them to email documents to ORIC – do not use the myCorp form.

What evidence is required

Either way, ORIC requires evidence of the directors’ resolution to delegate their powers. ORIC will require a copy of the signed minutes of the directors’ meeting where the resolution was passed as evidence. The minutes must be completed and signed by the required person. 

The resolution of directors needs to clearly say what powers are delegated and to who. We recommend including these powers listed in a directors’ resolution to allow another person to make lodgements and carry out tasks on behalf of the corporation in myCorp. 

If you only want the person to be able to submit documents for lodgement via email, your resolution just needs to delegate submitting documents for lodgement with ORIC on behalf of the corporation by email.

If the evidence does not sufficiently demonstrate that powers have been delegated, ORIC will not be able to accept lodgements or create a myCorp account. ORIC will let you know if the evidence given is not enough or is incomplete. 

Note: The maximum term of delegation to lodge forms and reports allowed by ORIC is 2 years. If you put an end date longer than 2 years, ORIC will recognise only up to 2 years. You will need to provide fresh evidence of a delegation after 2 years. This policy is to ensure directors are actively managing who can action tasks on their behalf.