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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 22 November 2017 at 19:54)
Part 5 Division 5
Division 5 Staff of Local Aboriginal Land Councils
78   Staff
(cf former section 12A)
A Local Aboriginal Land Council may employ such staff, and engage such consultants, as are necessary to enable the Council to exercise its functions.
78A   Chief executive officer
(1)  A Local Aboriginal Land Council must employ a member of staff to exercise the functions of the chief executive officer of the Council for the purposes of this Act.
(2)  The chief executive officer has the following particular functions:
(a)  the day-to-day management of the Council’s affairs,
(a1)  to assist in the preparation and implementation of the Council’s community, land and business plan,
(b)  the exercise of such functions of the Board as are delegated by the Board to the chief executive officer,
(c)  the appointment of staff in accordance with the approval of the Board,
(d)  the direction and dismissal of members of staff,
(e)  such other functions as may be conferred or imposed on the chief executive officer by or under this or any other Act.
(3)  The chief executive officer may delegate to any member of staff of the Local Aboriginal Land Council any of the functions of the chief executive officer, other than this power of delegation.
78B   Certain persons must not be employed as chief executive officers
(1)  The following persons must not be or continue to be employed as the chief executive officer of a Local Aboriginal Land Council:
(a)  a person who is a Board member of the Council or a councillor,
(b)  a person who 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,
(c)  a person who has a conviction in New South Wales for an 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,
(d)  a person who 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,
(e)  a person who has an interest in, or is an employee of or concerned in the management of, a corporation that receives a benefit from the Council,
(f)  a person who is already engaged as a consultant to the Council,
(g)  a person who is a member of staff of the New South Wales Aboriginal Land Council,
(h)  a person who has been dismissed on the recommendation of the former Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal or the Civil and Administrative Tribunal within the last 5 years,
(i)  a person who is disqualified under this Act from being a Board member or a councillor (other than on the grounds of employment by the Council or ceasing to be a voting member of a Local 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)  Despite subsection (1) (e), a person may, with the approval of the Board of a Local Aboriginal Land Council, be employed or continue to be employed as the chief executive officer of the Local Aboriginal Land Council, if the person would be prohibited merely because:
(a)  the person is concerned in the management of a corporation established, acquired, operated or managed in connection with an arrangement to which section 52C applies, or
(b)  the person is employed as the chief executive officer of another Local Aboriginal Land Council.
78C   Filling of vacancy in position of chief executive officer
(1)  If a vacancy occurs in the position of chief executive officer, the Local Aboriginal Land Council must immediately appoint a person under section 78A to the vacant position or appoint a person to act in the vacant position.
(2)  A vacancy occurs in the position of chief executive officer if the chief executive officer:
(a)  dies, or
(b)  completes the term of his or her contract and is not re-appointed, or
(c)  resigns from the position, or
(d)  becomes a mentally incapacitated person and is removed from the position by the Council because of that mental incapacity, or
(e)  is removed from the position on a ground set out in section 78B or for any other reason.
79   Certain persons must not be employed
(1)  A person who is convicted of an offence under Part 3 (except section 61), 4, 4AA, 4AB, 4AC, 4ACA, 4AD, 4AE, 4A, 4B, 5 or 5A of the Crimes Act 1900 must not be employed as a staff member of, or a consultant to, a Local Aboriginal Land Council for 5 years from the date of conviction.
(1A)  The Registrar may determine that an offence committed by a person may be disregarded for the purposes of subsection (1) because of:
(a)  the time that has passed since the offence was committed, or
(b)  the triviality of the acts or omissions giving rise to the offence, or
(c)  the nature and circumstances of the proposed employment.
(1B)  A person must not be employed as a staff member of, or engaged as a consultant to, a Local Aboriginal Land Council if the person has been convicted of:
(a)  an offence that involves sexual intercourse with a child or of attempting, or of conspiracy or incitement, to commit an offence of that kind, or
(b)  an offence under section 66EB of the Crimes Act 1900, or
(c)  an offence under section 80D of the Crimes Act 1900 where the person against whom the offence is committed is a person under the age of 18 years.
(2)  A person who is an officer of an Aboriginal Land Council must not be employed as a member of staff of a Local Aboriginal Land Council while the person is an officer of an Aboriginal Land Council.
(3)  A person who is a consultant to a Local Aboriginal Land Council must not be employed as a member of staff of that Council while the person is such a consultant.
(4)  A member of staff of the New South Wales Aboriginal Land Council must not be employed as a member of staff of a Local Aboriginal Land Council while the person is such a member of staff.
(5)  Subsection (4) does not prevent a member of staff of the New South Wales Aboriginal Land Council from being seconded to the staff of a Local Aboriginal Land Council.
79A   Advertising vacancies
(1)  If it is proposed to make an appointment to the vacant position of chief executive officer of a Local Aboriginal Land Council (other than the appointment of a person to act in the position), the Board must ensure that the vacancy is advertised in the manner prescribed by the regulations.
(2)  If it is proposed to make an appointment to a vacant position in the staff of a Local Aboriginal Land Council (other than the chief executive officer), the chief executive officer must advertise the vacancy in such manner as the chief executive officer considers appropriate.
(3)  The chief executive officer need not advertise a vacant position in the circumstances prescribed by the regulations.
80   Appointments and promotion to be on merit
(1)  Appointments to the staff of a Local Aboriginal Land Council and promotions for members of that staff are to be made on the basis of the merit of the applicants for appointment or promotion.
(2)  The merit of persons eligible for appointment or promotion to a vacant position is to be determined having regard to:
(a)  the nature of the duties of the position, and
(b)  the abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.
81   Consultants to be engaged on merit
(1)  A decision by a Local Aboriginal Land Council to engage a consultant is to be made on the basis of merit.
(2)  The merit of persons eligible to be engaged as a consultant is to be determined having regard to:
(a)  the nature of the duties of the work required to be done, and
(b)  the abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.