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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 138A
Certain persons must not be employed as Chief Executive Officer
138A Certain persons must not be employed as Chief Executive Officer
(1) The following persons must not be or continue to be employed as the Chief
Executive Officer of the New South Wales Aboriginal Land Council-- (aa) a
person who is not an Aboriginal person,
(a) a person who is a Board member or
a councillor,
(b) a person who has a conviction in New South Wales or
elsewhere for an offence relating to the management of a corporation that was
recorded within the last 5 years,
(c) a person who has a conviction in New
South Wales for any offence that is punishable by imprisonment for 12 months
or more or is convicted elsewhere than in New South Wales of an offence that,
if committed in New South Wales, would be an offence so punishable that was
recorded within the last 5 years,
(d) a person who is disqualified from
holding office in or being concerned in the management of a corporation under
any law of this or any other State or Territory or the Commonwealth,
(e) a
person who has an interest in, or is an employee of or concerned in the
management of, a corporation that receives a benefit from the Council,
(f) a
person who is already engaged as a consultant to the Council,
(g) a person
who is a member of staff of a Local Aboriginal Land Council,
(h) a person who
has been dismissed on the recommendation of the former
Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal or the
Civil and Administrative Tribunal within the last 5 years,
(i) a person who
is disqualified under this Act from being a Board member or a councillor
(other than on the grounds of employment by the Council or ceasing to be a
voting member of a Local Aboriginal Land Council).
(2) The Registrar may
determine that an offence committed by a person should be ignored for the
purposes of this section because of the time that has passed since the offence
was committed or because of the triviality of the acts or omissions giving
rise to the offence.
(3) Despite subsection (1)(e), a person may, with the
approval of the councillors, be employed or continue to be employed as the
Chief Executive Officer of the New South Wales Aboriginal Land Council if the
person would be prohibited merely because the person is concerned in the
management of a corporation established, acquired, operated or managed under
an arrangement to which section 111 applies.
(4) Subsection (1)(aa) has
effect despite anything to the contrary in the Anti-Discrimination Act 1977 .
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