You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 18 November 2017 at 08:04)
Part 7
Part 7 New South Wales Aboriginal Land Council
Division 1 Constitution of New South Wales Aboriginal Land Council
104   Constitution of NSW Aboriginal Land Council
(cf former section 22 (1))
(1)  The New South Wales Aboriginal Land Council is constituted by this Act.
(2)  The New South Wales Aboriginal Land Council is a body corporate and has the corporate name of the “New South Wales Aboriginal Land Council”.
105   Objects of New South Wales Aboriginal Land Council
(cf clause 5 of Schedule 1 to 1996 Regulation)
The objects of the New South Wales Aboriginal Land Council are:
(a)  to improve, protect and foster the best interests of Aboriginal persons within New South Wales, and
(b)  to relieve poverty, sickness, suffering, distress, misfortune, destitution and helplessness of Aboriginal persons within New South Wales.
Division 2 Functions of New South Wales Aboriginal Land Council
106   Functions of New South Wales Aboriginal Land Council
(1)  The New South Wales Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.
(2) Land acquisition The New South Wales Aboriginal Land Council has the following functions in relation to the acquisition of land and related matters:
(a)  in accordance with this Act and the regulations, to acquire land on its own behalf or on behalf of or to be vested in a Local Aboriginal Land Council and to use, manage, control, hold, transfer to a Local Aboriginal Land Council or dispose of, or otherwise deal with, land vested in or acquired by the Council,
(b)  functions relating to the acquisition of land and any other functions conferred on it by or under Part 4A of the NPW Act,
(c)  to submit proposals for the listing in Schedule 14 to the NPW Act of lands of cultural significance to Aboriginal persons that are reserved under the NPW Act,
(d)  to negotiate the lease by the Council or by the Council and one or more other Aboriginal Land Councils of lands to which section 36A applies to the Minister administering the NPW Act,
(e)  when exercising its functions with respect to land that is the subject of a lease, or proposed lease, under Part 4A of the NPW Act, to act in the best interests of the Aboriginal owners of the land,
(f)  to make claims to Crown lands or enter into Aboriginal Land Agreements, either on its own behalf or, if requested by a Local Aboriginal Land Council, on behalf of that Council,
(g)  to compile and maintain a register of all land held by Local Aboriginal Land Councils and to make the information available on request to the members of the Council concerned.
(3) Oversight of Local Aboriginal Land Councils The New South Wales Aboriginal Land Council has the following functions in relation to Local Aboriginal Land Councils:
(a)  with the agreement of a Local Aboriginal Land Council, to manage any of the affairs of the Council,
(a1)  to assist and support Local Aboriginal Land Councils in exercising functions under this Act (including by the grant or loan of funds to Councils),
(b)  to assist Local Aboriginal Land Councils in complying with this Act in respect of the establishment and keeping of accounts and the preparation and submission of budgets and financial reports,
(c)  to assist Local Aboriginal Land Councils in the preparation and implementation of community, land and business plans,
(d)    (Repealed)
(e)  to assist Local Aboriginal Land Councils in conducting elections in accordance with this Act for Board members,
(f)  to determine and approve or disapprove of the terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land,
(g)  to mediate, conciliate and arbitrate disputes relating to the operation of this Act or the regulations between Aboriginal Land Councils, between those Councils and individuals and between individual members of those Councils and to refer such disputes to the Registrar or independent mediators, conciliators and arbitrators,
(h)  to approve land dealings by Local Aboriginal Land Councils.
(4) Policy and advice The New South Wales Aboriginal Land Council has the following functions in relation to policy and advice:
(a)  to advise the Minister on matters relating to Aboriginal land rights,
(b)  to prepare and implement policies relating to its functions under this Act and the functions of Local Aboriginal Land Councils under this Act.
(5) Administration of statutory accounts The New South Wales Aboriginal Land Council is to administer the New South Wales Aboriginal Land Council Account, the New South Wales Aboriginal Land Council Community Fund and the Mining Royalties Account established under this Act.
(6) Native title The New South Wales Aboriginal Land Council is to exercise the functions conferred or imposed, by the Commonwealth Native Title Act, on a representative Aboriginal/Torres Strait Islander body (within the meaning of that Act) if the Council is determined to be such a body by the relevant Commonwealth Minister under that Act.
(7) Aboriginal culture and heritage The New South Wales Aboriginal Land Council has the following functions in relation to Aboriginal culture and heritage:
(a)  to take action to protect the culture and heritage of Aboriginal persons in New South Wales, subject to any other law,
(b)  to promote awareness in the community of the culture and heritage of Aboriginal persons in New South Wales.
(8) Financial stewardship The New South Wales Aboriginal Land Council has the following functions in relation to financial management and business planning:
(a)  to prepare and implement policies relating to community, land and business plans required to be adopted by Aboriginal Land Councils,
(b)  to prepare and implement, in accordance with this Act, a community, land and business plan,
(c)  to manage, in accordance with this Act, the investment of any assets of the Council,
(d)  to facilitate business enterprises (including by establishing, acquiring, operating or managing business enterprises), in accordance with this Act,
(e)  to grant funds for the payment of the costs and expenses of Local Aboriginal Land Councils (whether under funding agreements with Local Aboriginal Land Councils or otherwise).
(9) Other functions prescribed by regulations The New South Wales Aboriginal Land Council has any other functions prescribed by the regulations.
Note.
 Under section 50 of the Interpretation Act 1987, the New South Wales Aboriginal Land Council has certain functions as a statutory corporation, including the power to purchase, exchange, take on lease, hold, dispose of and otherwise deal with property. That provision is subject to the provisions of this Act.
106A   Powers of New South Wales Aboriginal Land Council with respect to property
(1)  The New South Wales Aboriginal Land Council may do or suffer in relation to its property any act or thing that it could lawfully do or suffer if it were a natural person having, in the case of land, the same estate or interest in the property as the Council.
(2)  In particular, without limiting the generality of subsection (1), the Council may do or suffer any such act or thing to enable it to:
(a)  improve, or cause to be improved, any land vested in it, or
(b)  explore for and exploit, or cause to be explored for or exploited, mineral resources or other natural resources vested in it.
(3)  This section is subject to this Act.
107   Training
(1)  The New South Wales Aboriginal Land Council is to provide or arrange training, in accordance with the regulations, for the purpose of developing the capacity of the following persons to exercise functions under this Act or the regulations:
(a)  councillors,
(b)  Board members,
(c)  members of staff of Aboriginal Land Councils.
(2)  The New South Wales Aboriginal Land Council is to prepare and implement a capacity development plan for the purposes of carrying out its functions under this section.
(3)  Regulations may be made for or with respect to requirements for a capacity development plan.
108   Community benefits schemes
(1)  The New South Wales Aboriginal Land Council has the following functions in relation to community benefits schemes:
(a)  directly or indirectly, to provide community benefits under community benefits schemes,
(b)    (Repealed)
(c)  to consider and approve the provision of community benefits schemes by or on behalf of Local Aboriginal Land Councils,
(d)  to make grants or lend money to, or invest money for or on behalf of, Aboriginal persons,
(e)  without limiting paragraph (a), to provide, acquire, construct, upgrade or extend residential accommodation for Aboriginal persons in the State,
(f)    (Repealed)
(g)  to maintain a register of approvals by the Council of community benefits schemes and to notify the Minister of any such approvals.
(2)  The New South Wales Aboriginal Land Council must ensure that any community benefits scheme under which community benefits are provided by it or on its behalf:
(a)  complies with this Act and the regulations, and
(b)  is consistent with any applicable policy of the Council, and
(c)  is consistent with the community, land and business plan of the Council, and
(d)  is fair and equitable and administered in a responsible and transparent way, and
(e)  will not prevent the Council from being able to meet its debts as and when they fall due.
(3)  The New South Wales Aboriginal Land Council may provide community benefits under a community benefits scheme to Aboriginal persons within the area of one or more Local Aboriginal Land Councils and may provide community benefits in conjunction with one or more Local Aboriginal Land Councils.
109   (Repealed)
110   Report on actions to increase membership of Local Aboriginal Land Councils
The New South Wales Aboriginal Land Council is to include in its annual report a report of the actions it has taken to increase the membership of Local Aboriginal Land Councils.
111   New South Wales Aboriginal Land Council’s responsibilities in relation to certain arrangements and transfers
(1)  In this section:
enter into includes participate in.
entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated).
(2)  This section applies to an arrangement entered into by the New South Wales Aboriginal Land Council:
(a)  for the purpose of exercising any of the Council’s functions under this Act (including providing a community benefits scheme), and
(b)  that includes the formation, acquisition, operation or management of an entity.
(3) NSWALC to report on certain arrangements The New South Wales Aboriginal Land Council must include, in the accounts and records of the Council under this Act and the regulations, details of any operations carried out under an arrangement to which this section applies (including any activities or operations carried out by the entity formed, acquired, operated or managed and any financial matters relating to any such entity).
(4)  Before entering into an arrangement to which this section applies, the New South Wales Aboriginal Land Council must take reasonable steps to ensure that the Council will not be prevented from complying with the Council’s reporting obligations in relation to the operations carried out under such an arrangement (including any financial matters relating to the entity formed, acquired, operated or managed under the arrangement).
(5) Risk assessment and approval for transfer of certain assets Before transferring assets in connection with an arrangement to which this section applies the New South Wales Aboriginal Land Council must, if required to do so by any applicable policy of the New South Wales Aboriginal Land Council (or, if no such policy exists, by the regulations):
(a)  conduct a risk assessment with respect to the proposed transfer in accordance with any applicable policy of the Council (or, if no such policy exists, the regulations), and
(b)  obtain the approval of the councillors to the transfer.
(6)  A requirement under this section that a risk assessment be conducted, or that the approval of the councillors be obtained, in relation to the proposed transfer of land in connection with an arrangement to which this section applies, is in addition to the requirements of section 42D.
(7) Requirement for approval resolutions A resolution that approves the New South Wales Aboriginal Land Council’s proposed transfer or disposal of an asset or termination of an arrangement under this section must contain a statement identifying the purpose of the proposed action and any conditions to which the approval is subject.
(8) Approval of termination of certain arrangements The New South Wales Aboriginal Land Council may not terminate an arrangement to which this section applies, or dispose of an interest in an entity formed, acquired, operated or managed under such an arrangement, otherwise than in accordance with the approval of the councillors.
112   Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants
(1)  The New South Wales Aboriginal Land Council must ensure that no part of the income or property of the Council is transferred directly or indirectly by way of dividend or bonus or otherwise by way of profit to councillors or any member of staff of, or consultant to, the Council.
(2)  Nothing in this section prevents:
(a)  the provision of a benefit in good faith to a councillor, member of staff or consultant in accordance with this Act, or
(b)  the payment in good faith of remuneration to any such councillor, member of staff or consultant.
113   Policies relating to Aboriginal Land Council functions
(1)  The New South Wales Aboriginal Land Council may prepare and implement policies about the following matters:
(a)  the contents, preparation and approval of community, land and business plans of Local Aboriginal Land Councils,
(b)  land dealings by Aboriginal Land Councils, including the assessment and approval by the New South Wales Aboriginal Land Council of land dealings by Local Aboriginal Land Councils,
(b1)  the provision of amounts from the New South Wales Aboriginal Land Council Community Fund to Local Aboriginal Land Councils on the basis of need so as to increase resources and assets available for less advantaged Local Aboriginal Land Councils,
(c)  the management of investments by Local Aboriginal Land Councils,
(d)  the provision of training to members of staff, Board members and councillors,
(e)  community benefits schemes,
(f)  financial and reporting requirements for Aboriginal Land Councils, including any requirements for the verification and certification of accounts,
(g)  fees for assessments conducted by the Council,
(g1)  the entering into arrangements by Aboriginal Land Councils that include the formation, acquisition, operation or management of an entity (within the meaning of section 52C) for the purpose of exercising any of the Aboriginal Land Council’s functions under this Act (including providing a community benefits scheme),
(h)  any other matters prescribed by the regulations.
(2)  Without limiting subsection (1), a policy relating to community benefits schemes that provide residential accommodation is to include criteria for determining applications for approval that have been determined after consultation with the Aboriginal Housing Office.
(3)  The New South Wales Aboriginal Land Council must review all of its policies every 5 years.
(4)  The New South Wales Aboriginal Land Council must make copies of its policies publicly available.
114   Procedure for making policies
(1)  Before the New South Wales Aboriginal Land Council adopts a policy it must:
(a)  refer the policy to each Local Aboriginal Land Council for comment, and
(b)  consider any submissions made by any Local Aboriginal Land Council within 30 days of the referral of the policy, and
(c)  obtain the approval of the Minister to the policy.
(2)  A policy takes effect on its publication in the Gazette or on a later day specified in the policy.
(3)  A policy may be amended or revoked in the same way as a policy may be made.
115   New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters
(1)  The New South Wales Aboriginal Land Council may give directions to Local Aboriginal Land Councils with respect to the following:
(a)  the form, contents and method of preparation of community, land and business plans,
(b)  the keeping of records (including records relating to land and other assets),
(c)  any other matters prescribed by the regulations.
(2)  A Local Aboriginal Land Council must comply with a direction given under this section.
(3)  A direction must not be inconsistent with this Act or the regulations or any applicable policy of the New South Wales Aboriginal Land Council.
116   Delegation by New South Wales Aboriginal Land Council
(1)  The New South Wales Aboriginal Land Council may delegate to the Chief Executive Officer or any other person or body (not including another member of staff of the Council) any of the functions of the Council, other than the following:
(a)  the administration of the New South Wales Aboriginal Land Council Account, the New South Wales Aboriginal Land Council Community Fund and the Mining Royalties Account established under this Act,
(b)  the granting of funds for the payment of the costs and expenses of Local Aboriginal Land Councils and advisory committees of the Council,
(c)  the acquisition of land on the Council’s behalf, or on behalf of a Local Aboriginal Land Council, and the transfer of such land to a Local Aboriginal Land Council and the disposal of, or otherwise dealing with, land vested in or acquired by the Council,
(d)  the negotiation of the acquisition by the Council, or by one or more Local Aboriginal Land Councils, of land of cultural significance to Aboriginal persons that is listed in Schedule 14 to the NPW Act and the lease of that land to the Minister administering that Act,
(e)  the negotiation of the lease by the Council, or by one or more Local Aboriginal Land Councils, of land to which section 36A applies to the Minister administering the NPW Act,
(f)  the determination and approval of terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land,
(f1)  approval under Division 4 of Part 2 of land dealings by Local Aboriginal Land Councils,
(g)    (Repealed)
(h)  advising the Minister on matters relating to Aboriginal land rights,
(i)  this power of delegation,
(j)  any function under this or any other Act that is expressly required to be exercised by resolution of the Council.
(2)  The New South Wales Aboriginal Land Council must, once every year, review all of its delegations.
117   Rules of the New South Wales Aboriginal Land Council
(1)  The purpose of this section is to provide rules for the New South Wales Aboriginal Land Council relating to the Council’s functions and operations.
(2)  The rules prescribed by the regulations as model rules are the rules for the New South Wales Aboriginal Land Council.
(3)  However, the New South Wales Aboriginal Land Council may prepare its own rules and submit them to the Registrar for approval.
(4)  On approval by the Registrar, the rules prepared by the New South Wales Aboriginal Land Council, to the extent that they are not inconsistent with this Act or the regulations, become the rules of the Council to the exclusion of the model rules.
(5)  The New South Wales Aboriginal Land Council’s rules may, with the approval of the Registrar, be amended, repealed or replaced from time to time.
(6)  The New South Wales Aboriginal Land Council may appeal to the Court against the Registrar’s refusal to approve of rules or to approve of an amendment, a repeal or a replacement of its rules.
(7)  On the hearing of an appeal under subsection (6), the Court may direct the Registrar to approve of rules, or an amendment, a repeal or a replacement of rules, specified in the direction.
118   Advisory committees
(1)  The New South Wales Aboriginal Land Council may from time to time appoint such advisory committees as the Council considers appropriate for the purpose of advising the Council, carrying out consultations with Aboriginal persons or facilitating discussion about issues arising under this Act.
(2)  An advisory committee has such functions as the Council may from time to time determine in respect of it.
(3)  An advisory committee consists of such persons appointed by the Council as the Council thinks fit.
(4)  A committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the Council at any time.
(5)  One of the committee members, in and by the instrument of appointment of the committee member, is to be appointed as chairperson of the committee.
(6)  The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is to be as determined by the Council or (subject to any determination of the Council) by the committee.
(7)  A committee member is entitled to be paid such travelling and other allowances as the Minister may from time to time determine in respect of the committee member.
119   Approvals
(1)  The New South Wales Aboriginal Land Council may impose conditions on any approval given by the Council under this Act.
(2)  Without limiting subsection (1), an approval may impose a time within which a condition must be complied with.
(3)  A Local Aboriginal Land Council must comply with the conditions of an approval given to the Council by the New South Wales Aboriginal Land Council.
(4)  The New South Wales Aboriginal Land Council may revoke an approval given by the Council under this Act.
Division 3 Councillors of NSW Aboriginal Land Council
120   Membership of New South Wales Aboriginal Land Council
(1)  The New South Wales Aboriginal Land Council is to consist of an Aboriginal councillor elected for each Region.
(2)  The councillors are to be full-time.
(3)  Subject to this Act, a councillor holds office for a period beginning on the councillor’s election and expiring:
(a)  on the councillor’s election for another term, or
(b)  on the election of the councillor’s successor.
(4)  A councillor is eligible (if otherwise qualified) for re-election.
(5)  A councillor is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.
(6)  A councillor is entitled to be paid such travelling and other allowances as the Minister may from time to time determine in respect of the councillor.
(7)  Part 3 of Schedule 3 has effect. The regulations may prescribe additional requirements for or with respect to meetings.
121   Election of councillors
(1)  Each councillor is to be elected in the manner specified in this Division to represent a Region.
(2)  The regulations may make provision for or with respect to the election of councillors.
(3)  The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for elections of councillors.
(4)  A person is not qualified to be nominated to stand for election, or to be elected, as a councillor to represent a Region if, at the time of the nomination or election, either of the following applies to the person:
(a)  the person is not a voting member of a Local Aboriginal Land Council the area of which is within the Region,
(b)  the person is disqualified from holding office as a councillor of the New South Wales Aboriginal Land Council.
(5)  A person is entitled to vote at an election for a councillor to represent a Region if the person is a voting member of a Local Aboriginal Land Council the area of which is within the Region.
(6)  A person is only entitled to cast his or her vote in respect of the Local Aboriginal Land Council area in which the person has voting rights.
(7)  The regulations may make provision with respect to the nomination of persons to stand for election as a councillor to represent a Region.
122   Timing of elections
(1)  Elections of all councillors are to be held:
(a)  not sooner than 3 years and 9 months, and
(b)  not later than 4 years and 3 months,
after the previous election of all councillors.
(2)  The Minister, in consultation with the New South Wales Aboriginal Land Council, is in accordance with this section to determine a date for the election of all councillors and is to notify the returning officer of that date.
123   Declaration of election
If the returning officer for an election of councillors is advised by a regional electoral officer that the result of the counting of votes is that a candidate has been elected, the returning officer must immediately publicly declare the candidate elected as a councillor.
124   Councillors pending determination of disputed return
(1)  Section 123 applies even if the election of the candidate (or of any other candidate in the election) is the subject of an application under section 125 disputing the validity of the election of the candidate.
(2)  A candidate who is publicly declared elected as a councillor by the returning officer holds that office until the determination of any proceedings disputing the validity of the election of the candidate.
(3)  A candidate referred to in subsection (2) is taken to hold office, and is competent to carry out all the functions and duties of a duly elected councillor, from the date on which the returning officer declares the candidate elected, until:
(a)  the Court hearing an application under section 125 disputing the validity of the election of the candidate determines otherwise, or
(b)  the term of office of the councillor expires or becomes vacant,
whichever is the earlier.
(4)  The New South Wales Aboriginal Land Council in which a candidate referred to in subsection (2) holds office is not invalidly constituted for that reason.
125   Method of disputing elections and returns
(1)  The validity of an election for a councillor to represent a Region, or of any return or statement showing the voting in any such election, may be disputed by an application to the Court, and not otherwise.
(2)  Any person may make an application to the Court under this section within 28 days after the returning officer has publicly declared the result of the election that is the subject of the application.
(3)  In determining an application under this section, the Court has the same powers as are conferred by section 161 of the Parliamentary Electorates and Elections Act 1912 on the Court of Disputed Returns.
(4)  The returning officer is entitled to be represented at the hearing of an application under this section.
126   Procedure
(1)  The procedure of the Court on an application under section 125 is to be determined by rules of Court, or in the absence of rules of Court, by the Court or a Judge of the Court.
(2)  The Court is not bound by the rules or practice of evidence and can inform itself on any matter in such manner as it considers appropriate.
(3)  Despite section 125 (3), the Court may make an order for costs in respect of an application under section 125 only if the Court is satisfied that there are exceptional circumstances that warrant the making of such an order.
127   Immaterial errors not to invalidate election
(1)  An election of councillors of the New South Wales Aboriginal Land Council, or any return or statement showing the voting in an election, is not invalid because of:
(a)  any delay in taking the votes of the electors or in making any statement or return, or
(b)  the absence of any officer, or
(c)  the error or omission of any officer,
that could not have affected the result of the election.
(2)  If a person was prevented from voting in an election because of the absence of any officer, or the error or omission of any officer, the Court must not admit any evidence of the way the person intended to vote in order to determine whether or not the absence, error or omission could have affected the result of the election.
128   Decisions to be final
(1)  A decision of the Court in respect of an application under section 125 is final and conclusive and without appeal, and is not to be questioned in any way.
(2)  Section 58 of the Land and Environment Court Act 1979 does not apply to any such decision of the Court.
129   Chairperson and Deputy Chairperson
(1)  The councillors of the New South Wales Aboriginal Land Council are to elect a Chairperson and a Deputy Chairperson at the first meeting of the Council following the election of councillors.
(2)  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.
(2A)  The Chairperson and Deputy Chairperson are eligible (if otherwise qualified) for re-election.
(3)  The Deputy Chairperson is to act in the office of Chairperson during the illness or absence of the Chairperson, and the Deputy Chairperson while so acting, has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.
130   Role of councillors of NSW Aboriginal Land Council
(1)  The role of a councillor is, as a member of the governing body of the Council:
(a)  to direct and control the affairs of the Council in accordance with this Act, and
(b)  to participate in the allocation of the Council’s resources for the benefit of Aboriginal people, and
(c)  to participate in the creation and review of the Council’s policies and objectives, and
(d)  to review the performance of the Council in the exercise of its functions and the achievement of its objectives.
(2)  The role of a councillor is, in addition:
(a)  to represent the interests and respond to the concerns of Local Aboriginal Land Council members, and
(b)  to facilitate communication between the Local Aboriginal Land Council members and the New South Wales Aboriginal Land Council.
131   Training for councillors
(1)  The New South Wales Aboriginal Land Council must arrange training in relation to the matters prescribed by the regulations for each councillor elected for the first time to the Council.
(2)  The training is to be provided not later than 6 months after the date of election of the councillor.
(3)  A councillor 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 councillor refuses or fails to undergo training provided under this section when required to do so by the New South Wales Aboriginal Land Council, the councillor is, on written notice being given to the councillor by the Council, suspended from office as a councillor until the person undergoes the training.
(5)  The New South Wales Aboriginal Land Council may:
(a)  exempt a councillor wholly or partly from the requirement to undergo training provided under this section, if the Council is satisfied that the councillor already has sufficient expertise, skills and experience to carry out his or her functions as a councillor, or
(b)  extend the period within which training is to be provided to a councillor under this section.
Division 4 Removal from office
132   Grounds for disqualification from office
(1)  A person is disqualified from holding office as a councillor of the New South Wales 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)  is a mentally incapacitated person, or
(e)  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
(f)  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 previous 3 years, or
(g)  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
(h)  is an employee of, or a consultant to, the Council, or
(i)  in the case of a councillor, engages in other paid employment, or
(j)  was, within the last 5 years, an officer of the Council immediately before an administrator was appointed for the Council, or
(k)  fails, without a reasonable excuse, for a period of 3 months or more to comply with a written requirement by the Council to undergo training under section 125, or
(l)  is disqualified from being a Board member, other than on the ground that the person is 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) (j) 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) (h), a person is not disqualified from holding office as a councillor of the Council on the ground that the person is an employee of, or consultant to, the Council (and is taken not to have been disqualified from holding office at the time of the person’s nomination) if:
(a)  the person takes a leave of absence from employment with the Council in accordance with section 132A, and
(b)  if the person is elected to the Council, the person resigns from their employment with, or as a consultant to, the Council as soon as practicable after becoming aware of the result of the election.
132A   Leave of absence for employees nominated to Council
(1)  If a person who is employed by the New South Wales Aboriginal Land Council is nominated to stand for election as a councillor, the person is required to be granted, and to take, leave of absence from the day following the day on which the person was nominated until the day on which the result of the election is declared.
(2)  Unless the person is entitled to paid leave (and duly applies for such leave), any leave of absence under this section is to be leave without pay.
133   Vacancy in office
A person who is a councillor of the New South Wales Aboriginal Land Council vacates office if the person:
(a)  dies, or
(b)  is absent from 2 consecutive meetings of the Council of which reasonable notice has been given to the person personally or by post, except on leave granted by the Council or unless the person is excused by the Council 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 councillor under this Act, or
(f)  vacates the office by the operation of a dismissal provision of a code of conduct referred to in section 177 (5) (c).
134   Casual vacancy
(1)  A person is to be appointed in accordance with the regulations to fill a casual vacancy in the office of a councillor for the remainder of the term of office.
(2)  A casual vacancy in the office of a councillor occurs when a person who is disqualified from holding office as a councillor 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.
135   NCAT may declare particular offices of New South Wales 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 councillor has become vacant under this Act.
(2)    (Repealed)
136   (Repealed)
137   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.
Division 5 Community, land and business plans
137A   Community, land and business plans
(1)  The New South Wales Aboriginal Land Council must prepare and implement a community, land and business plan.
(2)  The Council when preparing a community, land and business plan must consult with the following persons:
(a)  persons who have a cultural association with land within the State,
(b)  any other persons required to be consulted by the regulations or a policy of the Council.
(3)  The New South Wales Aboriginal Land Council may amend a community, land and business plan.
(4)  The provisions of this Division apply to any proposed amendment in the same way as they apply to the preparation and approval of a plan.
(5)  For the purposes of this section, a person has a cultural association with land if the person is an Aboriginal owner or a person of a class prescribed by the regulations for the purposes of this subsection.
137B   Matters covered by plans
(1)  A community, land and business plan of the New South Wales Aboriginal Land Council must contain the following matters:
(a)  the objectives and strategy of the Council for the acquisition, management and development of land and other assets,
(b)  the objectives and strategy of the Council for the provision and management of community benefits schemes,
(c)  the objectives and strategy of the Council in relation to business enterprises and investment,
(d)  the objectives and strategy of the Council in relation to Aboriginal culture and heritage,
(e)  if the plan contains particular proposals related to the strategies in paragraph (a), (b) or (c), strategies for the development or acquisition of human resources and skills to implement the proposals,
(f)  timelines for the achievement of proposed strategies and proposals in the plan,
(g)  particulars of the assets and liabilities of the Council,
(h)  any matter required to be included by a policy of the Council,
(i)  any other matter prescribed by the regulations.
(2)  A community, land and business plan must contain the following matters in relation to land:
(a)  the identity, and particulars of any encumbrance affecting, any parcel of land of the Council,
(b)  the particulars of any other interest in land of the Council,
(c)  whether, and what, land is subject to the restriction contained in section 42 or to Part 4A of the NPW Act,
(d)  any conditions affecting land of the Council under section 36 or 39,
(e)  any other matters prescribed by the regulations.
137C   Approval of community, land and business plans
(1)  A community, land and business plan is adopted by the New South Wales Aboriginal Land Council if it is approved by a meeting of the Council, of which not less than 14 days notice was given.
(2)  The Chief Executive Officer of the New South Wales Aboriginal Land Council must make available to its councillors, on request, for a period of not less than 14 days before any such meeting and at the meeting, a summary of the proposed community, land and business plan or a copy of the plan.
(3)  The summary is to contain the matters prescribed by the regulations.
(4)  More than one meeting may be called to enable approval of a community, land and business plan.
(5)  The New South Wales Aboriginal Land Council must not approve a community, land and business plan unless it is satisfied that the plan complies with this Act and the regulations and is consistent with any applicable policy of the Council.
(6)  A community, land and business plan takes effect when it is approved by the New South Wales Aboriginal Land Council.
(7)  A community, land and business plan has effect for the period (not exceeding 5 years) specified in the plan or until it is replaced, whichever occurs first.
(8)  Failure to comply with a requirement of this Division for the preparation or approval of a community, land or business plan does not affect the validity of the plan.
137D   Administration may follow plan failure
(1)  A failure by the New South Wales Aboriginal Land Council to approve a proposed community, land and business plan within 3 months after the plan is first referred to a meeting of the Council for approval is, for the purposes of section 223, a ground that justifies the appointment of an administrator (without any requirement for a report referred to in section 223 (3)).
(2)  A substantial failure by the New South Wales Aboriginal Land Council to comply with its community, land and business plan is, for the purposes of section 223, a ground that justifies the appointment of an administrator (without any requirement for a report referred to in section 223 (3)).
Divisions 6–8
  (Repealed)
Division 9 Chief Executive Officer of New South Wales Aboriginal Land Council
(cf sections 334–336 of Local Government Act 1993)
138   Chief Executive Officer
(1)  The New South Wales Aboriginal Land Council must appoint a person to be its Chief Executive Officer.
(2)  For the purposes of this Act (other than section 139), the Chief Executive Officer is taken to be a member of staff of the New South Wales Aboriginal Land Council.
138A   Certain persons must not be employed as Chief Executive Officer
(1)  The following persons must not be or continue to be employed as the Chief Executive Officer of the New South Wales Aboriginal Land Council:
(a)  a person who is a Board member 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 any 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 a Local 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 councillors, be employed or continue to be employed as the Chief Executive Officer of the New South Wales Aboriginal Land Council if the person would be prohibited merely because the person is concerned in the management of a corporation established, acquired, operated or managed under an arrangement to which section 111 applies.
139   Functions of Chief Executive Officer
(1)  The Chief Executive Officer is generally responsible for the efficient and effective operation of the New South Wales Aboriginal Land Council’s organisation and for ensuring the implementation, without undue delay, of decisions of the Council.
(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 of the functions of the Council as are delegated by the Council to the Chief Executive Officer,
(c)  the appointment of members of staff in accordance with the staff organisation structure and resources approved by the Council,
(d)  the direction and dismissal of members of staff.
(3)  The Chief Executive Officer has such other functions as may be conferred or imposed on the Chief Executive Officer by or under this or any other Act.
140   Attendance of Chief Executive Officer at meetings
(cf section 376 of Local Government Act 1993)
(1)  Subject to subsection (2), the Chief Executive Officer is entitled to attend, but not to vote at, a meeting of the New South Wales Aboriginal Land Council.
(2)  However, the Council may, by resolution, exclude the Chief Executive Officer from a meeting, or part of a meeting, of the Council.
Note.
 The New South Wales Aboriginal Land Council may resolve to exclude the Chief Executive Officer from a meeting, or part of a meeting, that deals with a matter relating to the standard of performance of the Chief Executive Officer or the terms of the employment of the Chief Executive Officer.
141   Filling of vacancy in position of Chief Executive Officer
(1)  If a vacancy occurs in the position of Chief Executive Officer, the New South Wales Aboriginal Land Council must immediately appoint a person under section 138 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)  becomes a person who is not eligible to continue to be employed on a ground referred to in section 138A, or
(f)  is removed from the position for breach of or under the terms of the Chief Executive Officer’s contract with the Council.
141A   Delegations by Chief Executive Officer
(1)  The Chief Executive Officer may delegate to any person or body any of the functions of the Chief Executive Officer, other than this power of delegation.
(2)  The Chief Executive Officer may sub-delegate a function delegated to the Chief Executive Officer by the New South Wales Aboriginal Land Council to any person or body (including another member of staff of the Council).
Division 10 Staff of New South Wales Aboriginal Land Council
142   Staff organisation structure
(cf sections 332 (1) and 333 of Local Government Act 1993)
(1)  The New South Wales Aboriginal Land Council must determine:
(a)  a staff organisation structure that it considers appropriate:
(i)  to enable the Council to exercise its functions, and
(ii)    (Repealed)
(b)  the resources to be allocated towards the employment of staff.
(2)  The organisation structure may be re-determined by the Council from time to time.
(3)  The organisation structure must be reviewed by the Council within 12 months after every election of all councillors.
143   Appointments and promotion to be on merit
(1)  Appointments to the staff of the New South Wales 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.
143A   Advertising vacancies
(1)  If it is proposed to make an appointment to the vacant position of Chief Executive Officer of the New South Wales Aboriginal Land Council (other than the appointment of a person to act in the position), the Council 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 the New South Wales 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.
144   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 the New South Wales Aboriginal Land Council for 5 years from the date of conviction.
(2)  A person who is a councillor must not be employed as a member of staff of the New South Wales Aboriginal Land Council while the person is such a councillor.
(3)  A person who is a consultant to a Local Aboriginal Land Council must not be employed as a member of staff of the New South Wales Aboriginal Land Council while the person is such a consultant.
(4)  A member of staff of a Local Aboriginal Land Council must not be employed as a member of staff of the New South Wales Aboriginal Land Council while the person is such a member of staff.
(5)  Subsection (4) does not prevent a member of staff of a Local Aboriginal Land Council from being seconded to the staff of the New South Wales Aboriginal Land Council.
145   Consultants to be engaged on merit
(cf former section 27E)
(1)  The New South Wales Aboriginal Land Council may engage such consultants as it considers appropriate.
(2)  A decision by the New South Wales Aboriginal Land Council to engage a consultant is to be made on the basis of merit.
(3)  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.
Division 11
146–148  (Repealed)