Division 3Division 3 Boards of Local Aboriginal Land Councils
61 Local Aboriginal Land Councils to have Boards
(1) Each Local Aboriginal Land Council is to have a Board consisting of not less than 5, and not more than 10, members.(2) The number of Board members for each Local Aboriginal Land Council is to be determined in accordance with the regulations.(3) Part 2 of Schedule 3 has effect with respect to the procedure of Boards of Local Aboriginal Land Councils.(4) The regulations may prescribe additional requirements with respect to meetings.
62 Functions of Boards of Local Aboriginal Land Councils
(1) A Board of a Local Aboriginal Land Council has the following functions:(a) to direct and control the affairs of the Council,(b) to facilitate communication between the Council’s members and the New South Wales Aboriginal Land Council,(c) to review the performance of the Council in the exercise of its functions and the achievement of its objectives,(c1) without limiting paragraph (a), to enter into short-term residential tenancy agreements in relation to land vested in the Council and to manage or terminate such agreements,(d) any other functions conferred on the Board by or under this Act.(2) The functions of the Board of a Local Aboriginal Land Council are to be exercised in accordance with this Act and the regulations and consistently with the community, land and business plan of the Council.
(1) The Board members are to be elected at every second annual meeting of a Local Aboriginal Land Council.(2) A person is not qualified to stand and be elected as a Board member of a Local Aboriginal Land Council:(a) unless the person is a voting member of the Council, or(b) if the person is suspended or disqualified from holding office as a Board member or is suspended or disqualified from membership of the Council.(3) The term of office of a Board member commences on the Board member’s election and ends on the election of the next Board at the second annual meeting of the Council following the member’s election.(4) A Board member is entitled to be paid such travelling and other allowances as the Minister may from time to time determine in respect of the member.(5) A Board member is eligible for re-election, subject to this Act.(6) The Registrar is to be the returning officer for an election.(7) Elections for Board members are to be conducted in accordance with the regulations.
64 Chairperson and Deputy Chairperson
(1) A Chairperson and Deputy Chairperson of the Board of a Local Aboriginal Land Council are to be elected from among the Board members at the first meeting of the Board after its election.(2) The Chairperson and Deputy Chairperson of a Board have the functions conferred on the Chairperson or Deputy Chairperson by or under this Act.(3) In the absence of the Chairperson of a Board, the Deputy Chairperson:(a) is, if available, to act in the place of the Chairperson, and(b) while so acting, has all the functions of the Chairperson and is taken to be the Chairperson of the Board.(4) If a Chairperson of a Board becomes a councillor, the person ceases to be the Chairperson and a new Chairperson is to be elected.(5) Elections for Chairperson and Deputy Chairperson are to be conducted in accordance with the regulations.
(1) The New South Wales Aboriginal Land Council must arrange training in relation to the matters prescribed by the regulations for each member elected for the first time to a Board of a Local Aboriginal Land Council.(2) The training is to be provided not later than 6 months after the date of election of a Board member.(3) A Board member must not refuse or fail to undergo training provided under this section when required to do so by the New South Wales Aboriginal Land Council.(4) If a Board member refuses or fails to undergo training provided under this section when required to do so by the New South Wales Aboriginal Land Council, the Board member is, on written notice being given to the Board member by the Council, suspended from office as a Board member until the person undergoes the training.(5) The New South Wales Aboriginal Land Council may:(a) exempt a Board member wholly or partly from the requirement to undergo training provided under this section, if the Council is satisfied that the Board member already has sufficient expertise, skills and experience to carry out his or her functions as a Board member, or(b) extend the period within which training is to be provided to a Board member under this section.
66 Grounds for disqualification from office
(1) A person is disqualified from holding office as a Board member of a Local Aboriginal Land Council if the person:(a) has a conviction in New South Wales or elsewhere for an offence relating to the management of a corporation, that was recorded within the last 5 years, or(b) has a conviction for an offence under this Act that was recorded within the last 5 years, or(c) has a conviction in New South Wales for any other offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable that was recorded within the last 5 years, or(d) ceases to be a voting member of the Council, or(e) becomes a councillor of the New South Wales Aboriginal Land Council, or(f) is a mentally incapacitated person, or(g) is or becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(h) is or was a director or person concerned in the management of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed under the Corporations Act 2001 of the Commonwealth during the last 3 years, or(i) is disqualified from holding office in or being concerned in the management of a corporation under any law of this or any other State or Territory or the Commonwealth, or(j) is an employee of, or a consultant to, the Council, or(k) was, on 2 or more occasions before an administrator was appointed to the Council, an officer of the Council, or(l) fails, without a reasonable excuse, for a period of 3 months or more to comply with a written requirement by the New South Wales Aboriginal Land Council to undergo training under section 65, or(m) is disqualified from holding office as a councillor.(2) The Registrar may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.(3) The Registrar may determine that a person is not disqualified on the ground set out in subsection (1) (k) if the Registrar is satisfied that it is appropriate in the circumstances that the person not be disqualified on that ground.
A person who is a Board member of a Local Aboriginal Land Council vacates office if the person:(a) dies, or(b) is absent from 2 consecutive meetings of the Board or the Council of which reasonable notice has been given to the person personally or by post, except on leave granted by the Board or unless the person is excused by the Board for having been absent from those meetings, or(c) completes a term of office and is not re-elected, or(d) resigns the office by instrument in writing addressed to the Council, or(e) becomes disqualified from holding office as a Board member under this Act.
A person is to be appointed in accordance with the regulations to fill a casual vacancy in the office of a Board member for the remainder of the term of office.
69 ADT may declare particular offices of Local Aboriginal Land Council vacant
(cf section 329 of Local Government Act 1993)
(1) Any person may apply to the Administrative Decisions Tribunal for an order declaring that a particular office of a Board member of a Local Aboriginal Land Council has become vacant under this Act.(2) The Tribunal may award costs under section 88 of the Administrative Decisions Tribunal Act 1997 in respect of proceedings commenced by an application made under this section.
70 Appeals to Supreme Court against order
(cf section 330 of Local Government Act 1993)
(1) A person whose office has been declared vacant by order of the Administrative Decisions Tribunal may appeal against the order, on a question of law, to the Supreme Court.(2) Such an appeal may not be made more than 28 days after the date on which the order is made.
71 Effect of order declaring vacancy
(cf section 331 of Local Government Act 1993)
An order declaring a vacancy in an office made by the Administrative Decisions Tribunal under this Division takes effect:(a) if no appeal to the Supreme Court is made against the order, at the end of the period during which such an appeal may be made, or(b) if such an appeal is made within that period and the order is confirmed on appeal, when the order is confirmed, or(c) if, within that period, the person against whom the order is made serves on the Chief Executive Officer of the New South Wales Aboriginal Land Council written notice of intention not to appeal against the order, when the notice is lodged.
(1) A Board may delegate to any person or body any of the functions of the Board other than this power of delegation and any matter under this Act or the regulations that also requires the approval of the New South Wales Aboriginal Land Council.(2) A Board must, once every year and immediately after an election of the Board, review all its delegations.