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

ABORIGINAL LAND COUNCILS

NEW SOUTH WALES ABORIGINAL LAND COUNCIL

DISQUALIFICATION FROM HOLDING OFFICE AS A NSWALC COUNCILLOR

Section 132 of the Act sets out the grounds on which a person is disqualified from holding office as a Councillor of NSWALC.

You cannot hold office as a Councillor if you:

• are currently an employee or consultant to NSWALC
• work in other paid employment
• become mentally incapacitated
• become bankrupt
• fail to undertake required training
• have been disqualified from holding office as a LALC Board member

Other grounds for disqualification

• you have been convicted of an offence under the Aboriginal Land Rights Act in the last five years
• you 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
• you have been convicted of an offence within the past five years that is punishable by 12 months or more in prison
• you were a director or involved in management of a body corporate that has been wound up or to which a controller or administrator has been appointed within the past three years
• on two or more occasions you held office as Chairperson or Deputy Chairperson of NSWALC prior to the appointment of an administrator.

The Act allows for some flexibility. A person who is disqualified from holding office as a Councillor can apply to the Registrar to review the circumstances and determine that they are not disqualified. This is a decision for the Registrar.

If you would like to stand for election to NSWALC but unsure if you are eligible, contact the Office of the Registrar before accepting nomination.