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

SUSPENSION FROM THE MEMBERSHIP ROLL

Section 57 of the Aboriginal Land Rights Act and Schedule 2 (5) (Model Rules) of the ALRA Regulation provide for suspension of a member of a LALC on the grounds of conduct that the Council decides is detrimental to the best interests of the Council.

Members may be suspended for a period of up to three years. While suspended, a member may not vote or attend meetings. At the end of the period of suspension, the member automatically resumes their rights as a member. A LALC can revoke the suspension of a member at any time.

If suspension of a LALC member is proposed, certain steps must be followed:

• the suspension must be considered at a LALC meeting called by the Chairperson of the LALC Board
• a meeting notice that lists the suspension as an agenda item must be published at least 9 days before the meeting (allowing 7 clear days between publication and the meeting date)
• if members at the meeting decide to proceed with the suspension process, a letter must be sent to the member (preferably by registered mail), explaining the reason/s for the proposed suspension
• the member must be given an opportunity to address a meeting of members or they may write a submission to be read out at a meeting that is considering the proposed suspension
• suspension must be decided at a meeting by a vote of the majority of members. Resolutions should be clearly worded and recorded
• the period of suspension (including commencement and end date) must be recorded on the membership roll
• the CEO must notify the Registrar of all details of the suspension
• a member who is suspended may appeal to the Registrar.