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

ABORIGINAL LAND COUNCILS

LOCAL ABORIGINAL LAND COUNCILS

LALC RULES AND CODES OF CONDUCT

The Aboriginal Land Rights Act requires LALCs to adopt rules and codes of conduct that apply to the land council members, Board and employees.

Rules relate to the functioning of the land council and deal with matters such as calling special meetings, voting and minutes, annual general meetings, financial management and the duties of the Chairperson and CEO. The Act prescribes model rules (which are set out in the Regulation). The model rules apply to a LALC unless it prepares its own rules. These must be submitted to and approved by the Registrar.

• Provisions relating to land council rules are set out in section 52F of the Act and section 29 of the Regulation
• Model rules are provided in Schedule 2 of the Regulation

A code of conduct sets out the standard of conduct and ethical behaviour required of officers (Board members) and staff of a land council. The Act prescribes a model code of conduct that applies to all LALCs, unless a LALC prepares its own code of conduct. These must be submitted and approved by the Registrar.

• The conduct required of Councillors, LALC Board members and staff is set out in section 176 of the Act
• Provisions relating to codes of conduct are set out in Part 10, Division 2, section 177 of the Act
• A model code of conduct is set out in the Regulation at Schedule 5

The code of conduct can specify particular actions (or 'breaches') by a Board member that would allow the land council to vote to remove the person from office.

Note: To find the model rules (Schedule 2) and model code of conduct (Schedule 5), after linking to Regulation, scroll down to the bottom of the left hand window on the page. Schedules are listed there.