New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) The Rules set out in this Schedule are prescribed, for the purposes of section 52F(2) of the Act, as model rules for each Local Aboriginal Land Council.
(2) In these Rules--
"area" means the Local Aboriginal Land Council area constituted under the Act.
"Council" means the Local Aboriginal Land Council to which these Rules apply.
"extraordinary meeting" means--(a) a meeting called by the Registrar in response to a written request by a quorum of members, or(b) a meeting called by the Board otherwise than in the ordinary course of business.
"ordinary meeting" means a meeting scheduled by a previous meeting or called by the Chairperson of the Board in the ordinary course of business.
"the Act" means the Aboriginal Land Rights Act 1983 .
"the Regulation" means the Aboriginal Land Rights Regulation 2020 .Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of these Rules.
(3) Words and expressions used in these Rules have the same meaning as in the Act or the Regulation.
(4) Notes included in these Rules do not form part of these Rules.
These Rules apply to the [name] Local Aboriginal Land Council.
These Rules apply to a Local Aboriginal Land Council as incorporated under the Aboriginal Land Rights Act 1983 .
(1) The official address of the Council is the address for the time being notified to the Registrar by the chief executive officer of the Council.
(2) Any change to the address must be approved at a Council meeting before notification is given to the Registrar.
The procedure for deciding on the suspension of a member in accordance with section 57 of the Act is to be as follows--
(a) notice of the proposed suspension must be included in the notice given for the next meeting of the Council,
(b) the member whose suspension is under consideration must be allowed to address the meeting or to submit a written explanation which must be read to the meeting,
(c) voting on the question and the period of suspension is to be by secret ballot,
(d) if at least a majority of the members attending the meeting vote in favour of suspension of the member for a certain period of time, that is the decision of the Council.
(1) The Council, before the end of any meeting of the Council, must set a time and place for the next meeting of the Council.
(2) The chief executive officer must call a meeting for that time and place and must cause notice of the meeting to be given in accordance with the Regulation.
(1) If the Board receives a request in writing signed by members whose number amounts to a quorum, the Board must as soon as practicable, but in any event within 21 clear days after the receipt of the request, call a meeting and cause notice of the meeting to be given in accordance with the Regulation.
(2) If a request for an extraordinary meeting is made and the Board has not called a meeting or caused notice of a meeting to be given in accordance with the Regulation within 21 clear days after receipt of the request, or the Board has not met to respond to the request, the Registrar is to be notified of that fact.
(3) If the Registrar is satisfied that a request has been made under this Rule and a meeting has not been called, or that the number of board members is less than the number required for quorum, the Registrar may call the meeting by notice given in accordance with this Regulation.
(4) The Council must, at an extraordinary meeting, deal only with those matters contained in the request for the meeting.
(5) An extraordinary meeting must not be opened unless 80 per cent of the members who signed the request (and a quorum) are present.
(6) If, half an hour after the advertised time of the meeting, 80 per cent of the members who signed the request (and a quorum) are not present, the meeting lapses.
The Board may call an extraordinary meeting of the Council at any time.
Note--: The Aboriginal Land Rights Regulation 2020 sets out the way in which notice of a meeting is to be given.
(1) Any meeting of the Council must be held within the boundaries of its area.
(2) A meeting of the Council must not be held in a residence unless a decision at a previous Council meeting allows for the meeting to be held at the residence.
(1) Subject to Rule 5, voting at a Council meeting is to be determined--(a) if the vote is for an election--by secret ballot, or(b) in any other case--by a show of hands.
(2) Despite subrule (1)(b), the Council may determine at a meeting, by a show of hands, that any other vote is to be determined by secret ballot.
(3) No proxy votes are permitted (that is, voting members must be present at the meeting).
(1) A Board member elected as minutes secretary for the meeting by the members present must take full and accurate minutes of the proceedings of a meeting of the Council.
(2) The minutes must include--(a) all motions put to the meeting, and(b) amendments to the motions, and(c) the names of the movers and seconders of those motions and amendments, and(d) the resolutions passed by the meeting.
(3) The minutes secretary for a meeting must provide a copy of the minutes of the proceedings of the meeting to the chief executive officer.
(4) The Chairperson of the Board must sign the minutes when they have been accepted at the next meeting.
The business of the annual meeting must include--
(a) the receipt of an Annual Report of the activities of the Council, presented by the Chairperson of the Board, and
(b) the receipt of the audited financial statements for the previous financial year, and
(c) if required by the Act, the election of Board members, and
(d) the conduct of any other business placed on the agenda before the commencement of the meeting.
(1) The minutes secretary of the Council must keep a list of those members who attend each Council meeting.
(2) The list must include both the name and signature of each member present.
(3) The minutes secretary must provide a copy of the list of those members who attended a council meeting to the chief executive officer.
(1) A Board may appoint sub-committees for the purposes of investigating proposals and presenting findings and suggestions to the Board members at a meeting.
(2) A sub-committee must meet as directed by a Board or, in the absence of a direction, as often as it sees fit.
(3) A decision of a sub-committee is not a decision of the Board.
(1) The chief executive officer must promptly--(a) deposit into the Council's account with an authorised deposit-taking institution all money received, and(b) issue a receipt for all money received.
(2) A payment in excess of $50 paid by the Council by cheque must be signed by any 2 of the signatories of the Council's accounts.
(3) The signatories of the Council's accounts are to be determined by the Board.
(4) If the Board decides to remove a person from acting as a signatory of the Council's accounts, that person must sign the appropriate authority from the authorised deposit-taking institution terminating that person's role as a signatory at the earliest possible opportunity.
(5) The chief executive officer must present to the Board monthly financial reports containing details of the following--(a) all bills and accounts that have not been paid and require the approval of the Board before payment,(b) for ratification by the Board, details of all bills and accounts that have been paid and not previously approved by the Board,(c) all other bills and accounts that have been received or paid by the chief executive officer.
(6) Full details of all approvals and ratifications must be entered in the minutes of the Board meeting.
(1) The membership roll, minutes of each meeting, attendance lists of each meeting and all financial records (the
"Council records" ) are the property of the Council.
(2) The chief executive officer must make available the Council records for inspection by any member at the times directed by the Council.
(3) If a member requests, by notice in writing, that the chief executive officer make available the Council records for inspection, the chief executive officer must, within 28 days, make the records available for inspection by the member.
(4) A member must not remove original documents or records from the place in which they are made available for inspection by the chief executive officer.
(5) The property of the Council which is in the possession of or under the control of an officer whose term of office has expired must be handed over to a remaining officer, or to the officer's successor, as the Council directs.
(6) In subrule (5)--
"expired" means expired by reason of resignation, removal from office or election of a successor.
"property" includes all books, records, accounts, motor vehicles, office equipment, keys and anything else owned by the Council.
(1) The Council may provide for a common seal.
(2) The common seal must not be affixed without the authority of the Board of the Council.
(3) The common seal may be affixed to a document only in the presence of 2 Board members with an attestation by the signatures of the 2 Board members of the fact of affixing the seal.
(1) The Council may amend these Rules by a resolution passed at a meeting of which notice under the Regulation, including notice of the proposed amendment, has been given.
(2) The Registrar must be notified in writing of the amendment and the amendment is not effective unless the Registrar has given approval in writing to the amendment being made.
(1) The primary duty of the Chairperson of the Board is to ensure the successful functioning of the Council and achievement of its objectives.
(2) Accordingly the Chairperson must--(a) uphold the rules of the Council, and(b) preside at Council meetings, and(c) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.
(3) In particular, the Chairperson must--(a) before each Council meeting--(i) consult with the chief executive officer in the preparation of an agenda, and(ii) ensure that the notice of the meeting conforms with these Rules, and(iii) check the accuracy of any minutes of previous meetings being presented to the meeting for acceptance, and(iv) read over any correspondence or other material to be brought forward at the meeting, and(b) open the meeting when a quorum is present, ask for any apologies to be tabled, then welcome new members and guests, and(c) sign minutes of previous meetings as correct when they have been accepted by the meeting, and(d) preserve order and warn any member who is causing a disturbance at a meeting that the member may be removed, and(e) order the removal from the meeting of any member who, having been already warned, continues to cause a disturbance and may request assistance from the police to remove the member if it is considered necessary by the majority of members at the meeting, and(f) ensure that debates are conducted in the correct manner and, in particular, that there is one speaker at a time, and(g) rule "out of order" any motion which involves the Council acting outside its functions or powers under the Act or any other statute or rule of law, and(h) close or adjourn the meeting when--(i) a motion to that effect is carried, or(ii) all business has been finished, or(iii) the meeting is excessively disorderly and the Chairperson is unable to restore order, or(iv) a quorum of members is no longer present.
(4) The Chairperson has, in relation to the Board and meetings of the Board, the same functions as the Chairperson has under this clause in relation to meetings of the Council.
The chief executive officer must--
(a) maintain a membership roll for the Council as required by the Act and the Regulation, and
(b) maintain an official minute book of the Council containing the minutes taken by the minute secretary under Rule 11 in respect of each meeting, and
(c) maintain a file which contains all applications and letters asking for membership received by the Council, and
(d) call meetings and give the proper notice for meetings, of the Council and the Board, in accordance with these Rules, and
(e) maintain a file containing the attendance lists for each meeting of the Council showing the names of all the members who attend the meeting together with the signature of each member who is present as prepared under Rule 13, and
(f) prepare an agenda for meetings of the Council and the Board, in consultation with the Chairperson, prior to each meeting, and
(g) maintain any correspondence to and from the Council and inform the Council of the correspondence, and
(h) send to the Registrar the following--(i) a copy of the current Council membership roll and changes to the roll as required by section 59 of the Act,(ii) the address of the Council's office (if there is one),(iii) the particulars of all land held by the Council, and
(i) keep the Council's common seal in safe custody, and
(j) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.
(1) The chief executive officer must--(a) maintain proper accounts and records of all transactions in relation to the operations of the Council (in a manner approved by the New South Wales Aboriginal Land Council), and(b) ensure that all money received is deposited as soon as possible in the Council's account with an authorised deposit-taking institution, and(c) submit the monthly financial reports prepared in accordance with Rule 15 at each Board and Council meeting, and(d) as soon as practicable, bring to the attention of the Board details of any expenditure that in the chief executive officer's opinion contravenes the Act.
(2) The Chairperson of the Board must--(a) ensure that financial statements, together with an auditor's statement in relation to the statements, are submitted to each annual meeting of the Council and to the New South Wales Aboriginal Land Council, in accordance with Division 2 of Part 8 of the Act, and(b) submit the Council's budget, after it has been passed by a Council meeting, to the New South Wales Aboriginal Land Council in accordance with section 158 of the Act, and(c) as soon as practicable, submit to the Board, and advise the New South Wales Aboriginal Land Council of, details of any expenditure that in the Chairperson's opinion contravenes the Act or the wishes of the majority of the Council members or both.
To the extent (if any) that a Rule purports to make provision in respect of a matter provided for in the Act or the Regulation, the provision of the Act or the Regulation prevails over the Rule.
The Council must, if the Council ceases to be endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth, transfer to another Local Aboriginal Land Council that is endorsed as a deductible gift recipient under that Act any gifts, contributions or other money as required by section 30-125(6) of that Act.