New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
ABORIGINAL LAND RIGHTS ACT 1983 - SECT 234A
Performance improvement orders
234A Performance improvement orders
(1) The New South Wales Aboriginal Land Council may make a performance
improvement order in respect of a Local Aboriginal Land Council if the
New South Wales Aboriginal Land Council reasonably considers that action must
be taken to improve the performance of the Local Aboriginal Land Council.
(2)
In determining whether to make a performance improvement order, the
New South Wales Aboriginal Land Council-- (a) must consider the performance
improvement criteria prescribed by the regulations (if any), and
(b) may
consider any previous communication between the Local Aboriginal Land Council
concerned and the New South Wales Aboriginal Land Council in relation to the
Local Aboriginal Land Council's performance.
(3) Without limiting subsection
(2), the New South Wales Aboriginal Land Council may consider any other matter
that the Council considers to be appropriate when determining whether to make
a performance improvement order.
(4) A performance improvement order must
specify-- (a) the reason for making the order, and
(b) the actions that are
required to be taken to improve the performance of the
Local Aboriginal Land Council.
(5) Actions to improve the performance of a
Local Aboriginal Land Council may include any actions that the
New South Wales Aboriginal Land Council considers necessary to improve or
restore the proper or effective functioning of the
Local Aboriginal Land Council.
(6) The performance improvement order may
require action to be taken by any or all of the following-- (a) the
Local Aboriginal Land Council,
(b) the Board or individual Board members of
the Local Aboriginal Land Council,
(c) the chief executive officer of the
Local Aboriginal Land Council.
(7) A performance improvement order may
provide for the appointment of an advisor in accordance with this Division.
(8) A copy of the performance improvement order, or the variation of a
performance improvement order, is to be served on the
Local Aboriginal Land Council.
(9) A performance improvement order takes
effect on the day on which it is served on the Local Aboriginal Land Council
concerned, or such later date as may be specified in the order.
(10) The
making of a performance improvement order, or the fact that any such order is
in force, does not derogate from any power of the
New South Wales Aboriginal Land Council or any other person to make any order
or take any other action under this Act.
(11) A performance improvement order
in respect of a Local Aboriginal Land Council ceases to be in force if the
Minister appoints an administrator or interim administrator for the
Local Aboriginal Land Council.
(12) In relation to a performance improvement
order, a reference to an action, or the taking of any action, includes a
reference to doing any thing or refraining from doing any thing.
(13) A
Local Aboriginal Land Council must provide a copy of a performance improvement
order to the members of the Council at the first meeting of the Council held
after the performance improvement order is made in respect of the Council.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback