Division 2 Administration of Aboriginal Land Councils

222   Administrators—Local Aboriginal Land Councils

(cf former section 57)

(1)  The Minister may at any time appoint, from a list of persons jointly prepared by the Chief Executive and the New South Wales Aboriginal Land Council, an administrator for a Local Aboriginal Land Council:

(a)  if there are not sufficient members of that Council to form a quorum of the Council, or

(b)  if the Council fails to furnish satisfactory audited financial statements and documents to the New South Wales Aboriginal Land Council in accordance with Division 2 of Part 8, or

(c)  if the Council otherwise fails to comply with section 153, 158 or 159, or

(d)  if the Minister is of the opinion, on the receipt of a report by an investigator appointed in accordance with Division 1, or otherwise, that the funds or other property of the Council have not been properly applied or managed, or

(e)  if the Council has substantially breached the requirements of this Act or the regulations or the rules of the Council, or

(f)  if the Minister is of the opinion that the Council has ceased for 6 months substantially to exercise its functions.

(2)  Notice of an appointment of an administrator under this section must be published in the Gazette.

(3)  The Minister must not appoint an administrator under this section without the approval of the New South Wales Aboriginal Land Council.

(4)  The administrator has, during the period of his or her appointment, to the exclusion of the Council:

(a)  all, or such part as is specified in the administrator’s instrument of appointment, of the functions of the Board of the Council conferred or imposed by or under this Act, and

(b)  the functions of the Council and the members of the Council exercised by resolution of the members of the Council that are prescribed by the regulations (except as provided by the administrator’s instrument of appointment).

(5)  The administrator is to be paid out of the funds of the New South Wales Aboriginal Land Council which may recover the amount paid from the Local Aboriginal Land Council for which the administrator has been appointed.

(6)  The regulations may make provision for or with respect to the functions of the administrator.

(7)  Without limiting subsection (6), the regulations may:

(a)  specify functions that the administrator must not exercise, except on a resolution of members of the Council, and

(b)  specify functions of the Board of the Council that the administrator must not exercise, except on a resolution of members of the Council.

223   Administrators—New South Wales Aboriginal Land Council

(cf former section 57A)

(1)  The Minister may appoint an administrator of the New South Wales Aboriginal Land Council.

(2)  Notice of an appointment of an administrator under this section must be published in the Gazette.

(3)  The Minister may appoint an administrator under this section only after considering one of the following reports that discloses, in the opinion of the Minister, grounds that justify the making of such an appointment:

(a)  a report of the Auditor-General, or

(b)  a report of an investigator appointed in accordance with Division 1.

(4)  The administrator has, during the period of his or her appointment, all, or such part as is specified in the administrator’s instrument of appointment, of the functions of the Council conferred or imposed by or under this Act, to the exclusion of the Council.

(5)  The administrator is to be paid out of the funds of the Council.

(6)  The regulations may make provision for or with respect to the functions of the administrator.

223A   Notice of appointment of administrator

(1)  The Minister may, before appointing an administrator of an Aboriginal Land Council under this Division, give not less than 14 days notice in writing of the appointment to:

(a)  in the case of a Local Aboriginal Land Council—each Board member and the New South Wales Aboriginal Land Council, and

(b)  in the case of the New South Wales Aboriginal Land Council—each councillor.

(2)  The Minister must, before appointing an administrator, take into account any written representations received from any person or body to whom notice was given under this section.

223B   Interim actions pending appointment of administrator

(1)  The Minister may, by notice in writing to an Aboriginal Land Council, take any of the following actions, pending the appointment of an administrator of the Council:

(a)  prohibit the Council from exercising certain specified functions or taking specified actions, except with the approval of the Minister, for a specified period,

(b)  appoint a person to act as an interim administrator of the Council, with specified functions, for a specified period (not exceeding 3 months).

(2)  A notice under this section ceases to have effect if an administrator is appointed under this Division or if the Minister decides not to appoint an administrator under this Division.

(3)  The Minister must notify the Aboriginal Land Council in writing if the Minister decides not to appoint an administrator.

(4)  The Minister may revoke or vary a notice given under this section.

(5)  An Aboriginal Land Council must not fail to comply with a notice given under this section.

224   Contents of administrator’s instrument of appointment

(1)  The instrument by which the Minister appoints an administrator under this Division must specify the following:

(a)  whether the administrator is to administer all or only specified functions of the Aboriginal Land Council concerned,

(b)  the term of office of the administrator,

(c)  the functions and duties of the administrator,

(d)  unless remuneration for administrators appointed under this Division is prescribed by the regulations—the remuneration of the administrator,

(e)  any other matter prescribed by the regulations.

(2)  The instrument may also contain provision for the payment to the administrator of remuneration in addition to the remuneration specified in the instrument. For example, the instrument could provide for the New South Wales Aboriginal Land Council to approve the payment of additional remuneration that it is satisfied is reasonable.

225   Certain persons ineligible to be administrators

The Minister must not appoint any of the following persons as an administrator of an Aboriginal Land Council:

(a)  a councillor,

(b)  a Board member,

(c)  a member of a Local Aboriginal Land Council,

(d)  a member of staff of the New South Wales Aboriginal Land Council.

226   Removal of office holders on appointment of administrator

(cf former section 57B)

(1)  On the appointment of an administrator to administer all of the functions of a Local Aboriginal Land Council, the Board members of the Council are removed from office and fresh elections to fill the vacancies are to be held, in the manner specified by the regulations, so as to enable vacancies to be filled at the conclusion of the administrator’s term of office.

(2)  On the appointment of an administrator to administer all of the functions of the New South Wales Aboriginal Land Council, the councillors are removed from office and fresh elections to fill the vacancies are to be held, in the manner specified by the regulations, so as to enable vacancies to be filled at the conclusion of the administrator’s term of office.

Note. If an administrator is appointed to administer only specified functions of an Aboriginal Land Council, the officers or councillors (as the case may be) of that Council remain in office and may continue to exercise those functions of the Council not given to the administrator.

227   Officers to assist administrator

(cf clause 94 of 1996 Regulation)

(1)  The Chairperson of an Aboriginal Land Council and any other person who has possession or control of any records of the Council must, if required to do so by an administrator who produces evidence of his or her appointment, provide the administrator with:

(a)  access to such of the records as relate to the functions of the Council being performed by the administrator, and

(b)  information that the Chairperson or other person is able to give in relation to those records and functions, and

(c)  authorities or orders on bankers and others that relate to those records or functions and that the Chairperson or other person is able to provide.

Maximum penalty: 10 penalty units.

(2)  A requirement to provide access to a record that:

(a)  is not in writing, or

(b)  is not written in the English language, or

(c)  is not decipherable on sight,

      is not complied with unless access is provided to a statement, written in the English language and decipherable on sight, that contains all the information in the record.

(3)  A person must not hinder, obstruct or delay an administrator in the exercise of his or her functions.

Maximum penalty (subsection (3)): 10 penalty units.

228   Administrator of an Aboriginal Land Council may call meetings

The administrator of an Aboriginal Land Council may call meetings of the Council.

229   Administrator to report monthly

(1)  The administrator for a Local Aboriginal Land Council must report at least once a month to the following:

(a)  the Minister,

(b)  the New South Wales Aboriginal Land Council,

(c)  the Local Aboriginal Land Council concerned.

(2)  The administrator of the New South Wales Aboriginal Land Council must report at least once a month to the following:

(a)  the Minister,

(b)  the New South Wales Aboriginal Land Council.

(3)  The Minister may give directions to an administrator of an Aboriginal Land Council concerning the form and content of such reports.

(4)  The administrator must comply with a direction given under this section.

230   Limitations on certain land dealings by administrator

(1)  The administrator for a Local Aboriginal Land Council must not dispose of or otherwise deal with land vested in or acquired by the Council without the consent of the Council (as decided at a meeting).

(2)  Despite subsection (1), the exercise by an administrator for a Local Aboriginal Land Council of any of the following functions does not require the consent of the Council:

(a)  entering into a short-term residential tenancy agreement,

(b)  the management of a short-term residential tenancy agreement,

(c)  the termination of a short-term residential tenancy agreement.

231   Minister may extend term of office of administrator

(1)  The Minister may extend the term of office of an administrator of the New South Wales Aboriginal Land Council.

(2)  The Minister may, with the consent of the New South Wales Aboriginal Land Council, extend the term of office of an administrator for a Local Aboriginal Land Council.

(3)  The Minister may, by further instrument of appointment, vary the functions of the Council that may be exercised by an administrator during the extension of the administrator’s term of appointment.

232   Minister may remove administrator

(1)  The Minister may, at any time, remove an administrator of the New South Wales Aboriginal Land Council.

(2)  The Minister may, at any time, with the consent of the New South Wales Aboriginal Land Council, remove an administrator for a Local Aboriginal Land Council.