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

In 2002, following recommendations of the Independent Commission Against Corruption in 1998 and a review of the Act, the Act was amended to specifically codify the independent status of the Registrar by the addition of Schedule 1 of the Act, which places the employment of the Registrar under the Statutory and Other Offices Remuneration Act 1975, and specifically states that the Registrar is not subject to the Public Sector Management Act 1988 .

The ICAC Report on Investigation into Aboriginal Land Councils in New South Wales [PDF] observed that the Registrar serves a critical function in the administration of the Act and recommended that the position be strengthened, "to ensure that it has the statutory capacity to act as an independent check and balance" and should be independent of the DAA in "not being subject to direction by the Department as to the manner in which his or her functions are performed".

This independence allows the Registrar to carry out all his or her statutory functions without actual or perceived influence or conflict of interest. The perceived neutrality of the Registrar is of particular importance in maintaining the confidence of the Aboriginal Land Council network and ensuring effective oversight of the Act.