What is the role of Cape York Corporation?
The Cape York Corporation P/L is trustee of and manages the Cape York Aboriginal Charitable Trust. A Trust Deed sets out the purpose of the Trust and the kind of activities that Cape York Corporation can carry out as trustee. A trustee must act in the interests of the beneficiaries. In the case of Cape York Corporation and the Cape York Aboriginal Charitable Trust, the beneficiaries of the Trust are the Aboriginal people of Cape York.


Why is the Cape York Aboriginal Charitable Trust managed by Cape York Corporation P/L (a Corporations Act company)? Why isn’t it managed by an Aboriginal association?
A corporation has many benefits for Cape York Aboriginal people that an Aboriginal association may not have.

The Aboriginal Councils and Associations Act 1976 can at times restrict community ability to control financial management and engage in commercial activities. Under the Corporations law, companies are not subject to the Registrar of Aboriginal Council and Associations. This is of importance to organisations seeking to establish and promote economic opportunities. Cape York Corporation P/L is a non-profit corporation wholly controlled and owned by Aboriginal people from Cape York. It advances the objects of the trust.


How are the Executive Directors / Director appointed?
Each organisation’s Governing Committee or Board of Directors employs a suitable qualified Executive Director or Director who is responsible for the day-to-day management and operations of the orgaisation. This includes matters relating to the employment of staff, and day-to-day financial control and representation of the organisation on all matters affecting it.

In Cape York Corporation decisions are made by its board of 18 directors or Executive Committee (nine of its 18 directors). Of the nine directors on the Executive, five represent the key regional organisations and the remaining four directors represent the northern, western, eastern and southern regions of Cape York .


How are the different boards appointed?
Please visit Governance & Structure page


How do I become involved?
Please visit our Get Involved page


How do I become a member of one of the organisations?
All adult Indigenous people who have a traditional or historical interest in Cape York , and are also resident in the Cape , are eligible to join the Cape York Land Council and Apunipima Cape York Health Council. Membership entitles you to attend, speak and vote at general meetings. You will also be eligible for appointment as an office bearer or member of the Governing Committee.


How are the organisations accountable?
The organisations are accountable in different ways.

• Organisations established under the Aboriginal Council and Associations Act (Cape York Land Council and Apunipima Cape York Health Council ) are accountable to the Registrar of Aboriginal Councils and Associations.
• Each organisation is accountable to its members, the Aboriginal people of Cape York .
• Organisations are accountable to state and federal funding bodies.
• Additionally, the Cape York Institute is accountable to its key supporter, Griffith University .
• As incorporated companies, Balkanu Cape York Development Corporation, Cape York Partnerships Projects P/L and the Cape York Corporation P/L are also answerable to the Australian Securities and Investments Commission (ASIC) under the Corporations Law.

Balkanu and Cape York Partnerships Projects are ultimately owned by the Cape York Aboriginal Charitable Trust. What is a Charitable Trust?
A charitable trust is a special form of legal trust. This is very different from private (unit or discretionary) trusts. Charitable trusts are created to benefit the community rather than to personally benefit particular individuals. The Cape York Aboriginal Charitable Trust is classified as a Public Benevolent Institution (PBI) for tax purposes.

The trust cannot be privately owned, cannot distribute private benefits to people and can only be used for designated charitable purposes. There are many charitable trusts in Australia created for all sorts of different purposes that have a similar structure to the Cape York Aboriginal Charitable Trust.

A charitable trust is protected against misuse by law. The Attorney-General can stop the trustee from breaching the trust deed. Any court proceedings involving the Cape York Aboriginal Charitable Trust would automatically include the Queensland Attorney-General.

Charitable trusts and their trustees (in this case, Cape York Corporation) are subject to a range of legal checks and balances. The courts and parliament have developed various controls to ensure that charitable trusts function for the benefit of the public.


If you have any further questions, please contact us.