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 117(2) of the Act, as model rules for the New South Wales Aboriginal Land Council.
(2) In these Rules--
"Council" means the New South Wales Aboriginal Land Council.
"councillor" means a member of the Council.
"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.
(1) Each councillor present (including the Chairperson) is entitled to one vote at a Council meeting.
(2) Voting at a Council meeting is to be determined--(a) if the vote is for an election at an annual meeting or other meeting--by secret ballot, or(b) in any other case--by a show of hands.
(3) Despite subrule (2)(b), the Council may determine at a meeting, by a show of hands, that any other vote is to be determined by secret ballot.
(4) No proxy votes are permitted (that is, voting councillors must be present at the meeting).
(5) This Rule is subject to clause 4(2) of Part 3 of Schedule 3 to the Act that provides that the person presiding at any meeting of the Council has a deliberative vote and, in the event of an equality of votes, a second or casting vote.
(1) A person appointed as minutes secretary for the meeting by the councillors 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 minute secretary must provide the minutes of the proceedings of a meeting to the Chief Executive Officer.
(4) The Chairperson is to sign the minutes when they have been accepted at the next meeting.
The Chief Executive Officer of the Council is to prepare and maintain a council roll on which is to be listed--
(a) the name and address of each councillor, and
(b) the Region which each councillor represents, and
(c) the date of election of each councillor.
(1) The Chief Executive Officer of the Council is to keep a list of those councillors who attend each Council meeting.
(2) The list is to include the signature of each councillor present.
The business of the annual meeting is to include--
(a) the receipt of an Annual Report of the activities of the Council, presented by the Chairperson, and
(b) the receipt of the audited financial statements for the previous financial year, and
(c) the conduct of any other business placed on the agenda before the commencement of the meeting.
(1) The Council may appoint sub-committees for the purposes of investigating proposals and presenting findings and suggestions to the councillors at a meeting.
(2) A sub-committee is to meet as directed by the Council 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 Council.
(1) Any money received for the Council must be promptly deposited into the Council's account with an authorised deposit-taking institution and a receipt must be issued for the money.
(2) A payment in excess of $50 made by the Council is to be paid by cheque signed by any 2 of the persons authorised by the Council to be signatories of the Council's accounts.
(3) The Chairperson and Deputy Chairperson and those members of the staff of the Council as are approved by the Council for the purpose are to be authorised by the Council to be signatories of the Council's accounts.
(4) The Chief Executive Officer is to pay all bills and accounts of the Council.
(5) Proper records are to be kept of all receipts, payments and other financial transactions in accordance with the requirements of the Public Finance and Audit Act 1983 .
(6) Financial budgets and statements are to be prepared and a report submitted on the finances to each Council meeting.
(1) The council 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 is to make the Council records available for inspection by any councillor at the times directed by the Council.
(3) A councillor is not to remove original documents or records from the place in which they are made available for inspection by the Chief Executive Officer.
(4) The property of the Council which is in the possession of or under the control of an office-bearer whose term of office has expired is to be handed over to a remaining office-bearer or to the office-bearer's successor, as the Council directs.
(5) In subrule (4)--
"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 Council.
(3) The common seal may be affixed to a document only in the presence of 2 councillors with an attestation by the signatures of the councillors 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 is to ensure the successful functioning of the Council and the 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 the Regulation, 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) call meetings and give the proper notice for meetings in accordance with the Regulation, and(c) open the meeting when a quorum is present and ask for any apologies to be tabled, and(d) sign minutes of previous meetings as correct when they have been accepted by the meeting, and(e) preserve order and warn any councillor who is causing a disturbance at a meeting that the councillor may be removed, and(f) order the removal from the meeting of any councillor who, having been already warned, continues to cause a disturbance, and(g) ensure that debates are conducted in the correct manner and, in particular, that there is one speaker at a time, and(h) 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(i) 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 councillors is no longer present.
The Chief Executive Officer of the Council must--
(a) maintain a Council Roll showing details of names, addresses, the Regions which councillors represent and the date of the election of councillors, and
(b) maintain an official minute book of the Council containing the minutes taken by the minute secretary under Rule 3 in respect of each meeting, and
(c) 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 5, and
(d) prepare an agenda, in consultation with the Chairperson, before each meeting, and
(e) maintain any correspondence to and from the Council and inform the Council of the correspondence, and
(f) send to the Minister an Annual Report, approved by a meeting of the Council, of the Council's work and activities for the 12 months ending 30 June each year, and
(g) send to the Auditor-General a copy of the report referred to in paragraph (f), and
(h) keep the Council's common seal in safe custody, and
(i) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.
The Chief Executive Officer of the Council must--
(a) ensure that financial statements, together with an auditor's certificate in relation to a statement, are submitted to each annual meeting, and
(c) submit a financial statement at each Council meeting, and
(d) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings, and
(e) submit to the Council details of any expenditure which in the Chairperson's opinion contravenes the Act or the wishes of the majority of the councillors, or both.