---
title: "PBC native title decision: consultation and consent record and reg 9 certificate checklist"
url: "https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/pbc-consultation-and-consent-record"
type: "precedent"
site: "AI Law Framework"
id: "a36-pbc-consultation-and-consent-record"
area_id: "A36"
kind: "form"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# PBC native title decision: consultation and consent record and reg 9 certificate checklist

> Original record for a prescribed body corporate to document consultation with, and consent of, common law holders before a native title decision, and to assemble the content and execution of the reg 9 certificate.

Canonical page: https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/pbc-consultation-and-consent-record  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Native Title & First Nations Legal Work](https://ailawframework.com/precedents/native-title-and-first-nations-legal-work.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 4 authorities it cites, for Australia.

## When to use it

Use when a registered native title body corporate is about to make a native title decision (for example, entering an ILUA or a section 31 agreement, or surrendering native title) or decides to make a compensation application. Not needed for routine corporate decisions that are not native title decisions.

## How AI may be used

AI transcription or minute drafting of community meetings may be used only with the meeting's informed consent and never for restricted sessions. The record of consultation and consent must be checked by a person who was present, and the certificate is settled by the lawyer.

**AI may:**

- Transcribe or draft minutes of open sessions where the meeting consented to recording and AI processing
- Populate the record's factual fields (dates, notices sent, attendance numbers) from approved documents
- Check the draft certificate against the reg 9(3) content list

**AI must not:**

- Must not record, transcribe or summarise restricted or gender-restricted sessions
- Must not state that consent was given, or describe the decision-making process, beyond what the verified minutes record
- Must not be used with a tool that stores community recordings offshore or trains on them

**The lawyer checks:**

- The decision is correctly classified (high level, low level, standing instructions) under reg 3
- The correct process was followed: traditional (reg 8(3)), agreed or adopted (reg 8(4)), or constitution process for low level decisions (reg 8A)
- The certificate contains every reg 9(3) item and is executed under CATSI Act s 99-5 or signed by the CEO
- Consent to any recording and AI use is recorded, and restricted material is excluded

## Authorities

- [Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) reg 3 (definitions of native title decision, high level and low level decision, standing instructions decision)](https://www.legislation.gov.au/F1999B00146/latest/text)
- [Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) regs 8, 8A, 8B, 9 and 10](https://www.legislation.gov.au/F1999B00146/latest/text)
- [Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 99-5 (execution of documents)](https://www.legislation.gov.au/C2006A00124/latest/text)
- [Privacy Act 1988 (Cth)](https://www.legislation.gov.au/C2004A03712/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/native-title-and-first-nations-legal-work/pbc-consultation-and-consent-record and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*