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

ABORIGINAL LAND COUNCILS

NEW SOUTH WALES ABORIGINAL LAND COUNCIL

NSWALC EMPLOYEES

NSWALC must determine a staff organisation structure that is appropriate to enable the Council to carry out it functions, and must decide what resources should be allocated to staff employment.

The provisions of the Act relating to employment of NSWALC staff and consultants are set out in Part 7, Division 9 and 10.

a Chief Executive Officer (CEO) must be appointed (the functions of the NSWALC CEO are set out in section 139)
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 NSWALC staff member if they have been convicted of an offence under Part 3, 4, 4A or 5 of the Crimes Act 1900 for five years from the date of conviction.

A person cannot be appointed to the position of CEO of NSWALC if they:

are a LALC Board member or NSWALC Councillor
already engaged as consultant to the LALC
are a staff member of a LALC
have an interest in, are employed by, or manage a corporation that receives a benefit from NSWALC
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 recorded within the last five years
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 138A. The Act allows for some flexibility. A person who is disqualified from employment as the CEO of NSWALC 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.