New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 57A

57A Inactive members

(1) The chief executive officer of a Local Aboriginal Land Council may, by notice in writing to a member of the Council (other than a Board member of the Council), declare the member to be an inactive member if, and only if, the member has been absent from 6 consecutive meetings of the Council (or such other number of meetings as may be prescribed by the regulations).

(2) Before declaring a member of a Local Aboriginal Land Council to be an inactive member, the chief executive officer of the Council must--

(a) inform the member, in writing, of the following--

(i) that the member will be declared to be an inactive member if the member does not attend the requisite number of meetings of the Council,

(ii) that the chief executive officer intends to declare the member to be an inactive member after the next meeting of the Council,

(iii) the date, time and location of the meeting of the Council after which the chief executive officer intends to make the declaration (being a meeting not less than 20 days after the date the notice is given, or such other period as may be prescribed by the regulations),

(iv) the process to be followed by the member to prevent the declaration being made or to cease being an inactive member, and

(b) at the meeting of the Council after which the chief executive officer intends to declare a member inactive, inform the members in attendance at the meeting of the chief executive officer's intention.

(3) If the chief executive officer of a Local Aboriginal Land Council declares a member of the Council to be an inactive member under subsection (1), the chief executive officer must make an entry in the Council's membership roll accordingly.

(4) A member of a Local Aboriginal Land Council ceases to be an inactive member of the Council if the member--

(a) attends a meeting of the Council, or

(b) at any time after being informed of the chief executive officer's intention to declare a member to be inactive requests, in writing to the Registrar, that the member not be declared to be an inactive member.

(5) If a member of a Local Aboriginal Land Council makes a request under subsection (4)(b), the Registrar must notify the chief executive officer of the relevant Council of the member's request and may issue a compliance direction to the chief executive officer in relation to the maintenance of the Council's membership roll.

(6) A member of a Local Aboriginal Land Council, during any period that the member is declared to be an inactive member under this section, is not to be counted as a voting member of the Council for the purposes of determining the quorum required for a meeting of the Council.