OFFICE OF THE REGISTRAR, Aboriginal Land Rights Act 1983 (NSW)

ABORIGINAL LAND COUNCILS

LOCAL ABORIGINAL LAND COUNCILS

LALC EMPLOYEES

The provisions of the Act relating to employment of staff and consultants are set out in Part 5, Division 5, sections 78 - 81. LALCs may employ staff and engage consultants as needed to enable the land council to carry out its functions.

a Chief Executive Officer (CEO) must be appointed (the functions of a CEO are set out in section 78A)
appointments of staff and consultants must be on merit
promotion of staff must be on merit

RESTRICTIONS ON EMPLOYMENT

A person cannot be employed as a LALC staff member if they are:

a Board member of that LALC
already engaged as a consultant to the LALC
a NSWALC Councillor
a member of NSWALC staff

A person cannot be employed as a LALC staff member or as a consultant if they are:

a person who has been convicted of an offence under Part 3, 4, 4A or 5 of the Crimes Act 1900 within the past five years

In addition, a person cannot be appointed to the position of CEO of a LALC if they:

have been convicted of an offence related to the management of a corporation within the past five years or are disqualified from holding office or management of a corporation
have been convicted of an offence that is punishable by 12 months or more in prison
have an interest in, are employed by, or manage a corporation that receives a benefit from the LALC
have been dismissed on the recommendation of the Pecuniary Interest and Disciplinary Tribunal within the last five years
are disqualified from being a Board member or NSWALC Councillor (except on the grounds of employment by the Council or ceasing to be a voting member of a LALC)

The relevant section of the Act is section 78B. The Act allows for some flexibility. A person who is disqualified from employment at a LALC can apply to the Registrar and ask that an offence be ignored so that they are not disqualified. This is a decision for the Registrar.

LALCs - SUMMARY OF DOCUMENTS & LINKS IN THIS SECTION

Previous page OVERVIEW

Local Aboriginal Land Council boundaries map
Constitution of Local Aboriginal Land Councils Part 5, Division 1
Objects of LALCs section 51 of the Act
Functions of LALCs Part 5 Division 1A, section 52 of the Act
Community Land and Business Plans Part 5, Division 6 of the Act
Community Land and Business Plans Information

Previous page LALC RULES AND CODES OF CONDUCT

Provisions relating to Land Council rules section 52F of the Act
Provisions relating to Land Council rules section 29 of the Regulation
Model rules Schedule 2 of the Regulation
Conduct required of Board members and staff, section 176 of the Act
Codes of conduct, Part 10, Division 2. section 177 of the Act
Model code of conduct, Schedule 5 of the Regulation

Previous page LALC BOARDS

LALC Boards Part 5, Division 3 (sections 61-72)
Election and training of Board Members Division 3 of the Regulation
Training of Board members, section 65 of the Act
Training of Board members and disqualification, section 66 of the Act
NSWALC Training and Development Unit

Previous page CONDUCT OF LALC BOARD MEMBERS AND STAFF

Standard of conduct, section 176 of the Act
Misbehaviour and suspension, Division 3A
Pecuniary interests and duties of disclosure, Part 10, Division 4

Previous page DISQUALIFICATION FROM HOLDING OFFICE AS A LALC BOARD MEMBER

Grounds for disqualification, section 66 of the Act

This page LALC EMPLOYEES

Provisions relating to employment, Part 5, Division 5, sections 78-81
Functions of a CEO, section 78A of the Act
Restrictions on employment of a person convicted of an offence under the Crimes Act
Persons who cannot be employed as Chief Executive Officer, section 78B of the Act

Next page LALC NAMES AND BOUNDARIES