The Indigenous Affairs Minister says he will not move to stand aside the ATSIC chairman Geoff Clark, even though he is urging Mr Clark and his deputy Ray Robinson to consider their positions.

Philip Ruddock says the two men should consider standing down because they are facing separate legal proceedings.

But Mr Ruddock concedes there is no clear precedent requiring them to step aside.

"In some cases they've stood aside and in some cases they haven't," Mr Ruddock said.

"What I'm saying, and I use the words very deliberately, it is a matter for them, but they have to think about the best interests of ATSIC and also wider indigenous interests."