Office of the Registrar, Aboriginal Land Rights Act 1983 State-wide meeting of Aboriginal Land Councils 3 – 5 March 2009.

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Presentation transcript:

Office of the Registrar, Aboriginal Land Rights Act 1983 State-wide meeting of Aboriginal Land Councils 3 – 5 March 2009

Functions of the Registrar The main functions of the Registrar are: * to register land claims made under the Aboriginal Land Rights Act 1983 by the New South Wales Aboriginal Land Council and Local Aboriginal Land Councils and maintain the Register of Aboriginal Land Claims Land claim process: roles and responsibilities Current land claim status March 2009As at 31 December 2001 Total land claims lodged: Total land claims determined: Total land claims granted: Total land claims refused: Total claims undetermined:

Functions of the Registrar * to maintain the Register of Aboriginal Owners The registration of Aboriginal owners Schedule 14 Vs s.36A Roles and responsibilities – Land Councils, DECC, Developers ApplicationsAboriginal Owners Biamanga NP13286 Gulaga NP13488 Mt Grenfell NP9471 Mutawintji NP10195 Worimi Conservation Lands Total616493

Functions of the Registrar * to maintain the NSW Land Council consolidated membership roll Land Council responsibilities Registrar responsibilities and resources: consolidation of all LALC roll information Outcomes Information and feedback: 54(3) c, 56(5) process Preparation for land council meeting quorums, Board elections, Annual meetings Removal of LALC members from the roll

Functions of the Registrar * to approve the rules of the New South Wales Aboriginal Land Council and Local Aboriginal Land Councils Governance of Land Councils NSWALC The Registrar/NSWALC/LALC relationship Information and feedback

Functions of the Registrar * to carry out such other functions in relation to the constitution of Local Aboriginal Land Councils (and their areas) and/or the alteration of LALC boundaries Model rules Codes of Conduct Amalgamation? Dissolution? How many LALCs is the right number??

Functions of the Registrar * to issue compliance directions to Aboriginal Land Councils, officers of Aboriginal Land Councils and councillors relating to the administration and breaches of the ALRA Is it an enquiry or a complaint? Is it a matter for investigation? If yes; who? Breaches of the ALRA: roles and responsibilities (the food chain) What is required to initiate an investigation? Dissemination of accurate information

Functions of the Registrar * to conduct Land Council Board elections Delegation to NSWALC Casual vacancies: NSWALC resources Disqualification – where its at Information and feedback Specific issues

Functions of the Registrar * to investigate complaints including the non-disclosure of pecuniary interests, misbehaviour by councillors, Board members and members of staff and/or consultants to Land Councils LALC Boards Disqualification Misbehaviour Removal of Chairperson Censure CEOs Employment

Functions of the Registrar *to mediate, conciliate or arbitrate disputes relating to the ALRA and the regulations Dispute Resolution: when, how and whom? When does a dispute go to an independent mediator, conciliator or arbitrator? Specific issues The proposed dispute resolution amendment – Land Dealings

Functions of the Registrar (s. 165, ALRA) *other functions conferred or imposed on the Registrar: (i)Disqualification from Office, employment as a CEO, (ii)Misbehaviour & Suspension, (iii)Pecuniary Interests, (iv)Appointment of Investigators, (v)Provision of information from Aboriginal Land Councils, (vi)Access permits for Hunting, Fishing and Gathering Aboriginal Owners and the National Parks & Wildlife Act (i)Selection of negotiating panels (ii)Vesting of lands in LALCs

Functions of the Registrar (s. 165, ALRA) How could the Registrar do it better? The New Website! Regional visits Any other ideas?