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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 20 November 2017 at 11:17)
Part 5 Division 3
Division 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.
(1A)  Without limiting subsection (1), a Board of a Local Aboriginal Land Council may, subject to any directions of the Council, exercise:
(a)  any of the functions of the Council on behalf of the Council, other than any function that under this or any other Act that is expressly required to be exercised by resolution of the voting members of the Council, and
(b)  any function delegated to the Board under section 52E.
(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.
63   Board members
(1)  The Board members are to be elected at every fourth annual meeting of a Local Aboriginal Land Council.
(2)  A person is not qualified to be nominated to stand for election, or to be elected, as a Board member of a Local Aboriginal Land Council if, at the time of the nomination or election, any of the following applies to the person:
(a)  the person is not a voting member of the Council,
(b)  the person is suspended or disqualified from holding office as a Board member or is suspended from membership of the Council,
(c)  the person has not attended at least 2 meetings of the Council in the last 12 months.
(2A)  Subsection (2) (c) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(2B)  A person may nominate another person to stand for election as a Board member of a Local Aboriginal Land Council if, at the time of the nomination, all of the following apply to the person:
(a)  the person is a voting member of the Council, and
(b)  the person is not suspended from membership of the Council, and
(c)  the person has attended at least 2 meetings of the Council in the last 12 months.
(2C)  Subsection (2B) (c) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(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 fourth 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.
(8)  Without limiting subsection (7), the regulations may make provision with respect to the nomination of persons to stand for election as a Board member of a Local Aboriginal Land Council.
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.
(1A)  An election for the Chairperson and Deputy Chairperson is to be held at the first meeting of the Board after its election.
(1B)  If there is a vacancy in the office of Chairperson or Deputy Chairperson, an election is to be held to fill the vacant office at the first meeting of the Board after the vacancy.
(1C)  A person elected to hold office as Chairperson or Deputy Chairperson is to hold office for:
(a)  2 years, or
(b)  if the person is elected to fill a vacancy arising during the term of office of the previous Chairperson or Deputy Chairperson—the remainder of the previous office holder’s term of office.
(1D)  The Chairperson and Deputy Chairperson are eligible (if otherwise qualified) for re-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.
65   Training for Board members
(1)  The New South Wales Aboriginal Land Council must arrange training in relation to the matters prescribed by the regulations for each member elected 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 has previously undergone training under this section or 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, within the last 5 years, an officer of the Local Aboriginal Land Council immediately before an administrator was appointed for 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 (other than on the ground that the person is an employee of, or consultant to, the New South Wales Aboriginal Land Council).
(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.
(4)  Despite subsection (1) (j), a person is not disqualified from holding office as a Board member of a Local Aboriginal Land Council (and is taken not to have been disqualified from holding office at the time of the person’s nomination) on the ground that the person is an employee of, or a consultant to, the Council if the person resigns as an employee of, or as a consultant to, the Council as soon as practicable after becoming aware of the result of the election.
67   Vacancy in office
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, or
(f)  is removed from office by the Council for the breach of a dismissal provision of a code of conduct referred to in section 177 (5) (a).
68   Casual vacancy
(1)  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.
(2)  A casual vacancy in the office of a Board member occurs when a person who is disqualified from holding office as a Board member is declared (or purportedly declared) to have been elected to the office despite, at the time of nomination or election, not being qualified to be nominated to stand for election or to be elected.
69   NCAT 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 Civil and Administrative 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)    (Repealed)
70   (Repealed)
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 Civil and Administrative Tribunal under this Division takes effect:
(a)  if no appeal is made under the Civil and Administrative Tribunal Act 2013 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.
72   Delegation by Boards
(1)  A Board may delegate to the chief executive officer of the Local Aboriginal Land Council, or to any other person or body prescribed by the regulations, 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.