13 September, 2023
As the majority of Local Aboriginal Land Councils (LALCs) will be conducting full Board elections at their 2023 Annual meetings, NSWALC would like to take this opportunity to remind the Network of some important Aboriginal Land Rights Act 1983 (ALRA) requirements, pertaining to Boards and Elections.
ALRA requirements for full Board Elections
Board Members are elected at a LALC’s fourth annual meeting.
NSWALC understands that many LALCs were unable to hold annual meetings due to COVID-19 pandemic restrictions. However, LALCs will need to ensure that any outstanding annual meetings from 2020, 2021 or 2022 have been held before a new Board can be elected at their fourth Annual Meeting in 2023 (see Part 5 Division 3, Sections 63 and 63A of the ALRA, extracted below).
63 Board members
63A Term of office of Board members
The term of office of a Board member commences on the Board member’s election and ends on the election of the next Board at the fourth annual meeting of the Council following the member’s election.
Eligibility to stand for election
A person is qualified to be nominated to stand for election, or to be elected as a Board member of a LALC, if at the time of the nomination or election, the person:
ALRA requirements for Annual Meetings
The business of an Annual Meeting must include:
The LALC’s Annual Report and Audited Financial Statements must be presented to the Annual Meeting before the Board election may be conducted.
Planning for full Board elections
The Registrar, ALRA delegates the function of acting as a returning officer for LALC Board elections to NSWALC Zone Staff (s 165A and cl 111, ALRR).
The Registrar will only issue delegation to conduct full Board elections if:
It is critical that all membership rolls are accurate for the upcoming LALC Board elections and the NSWALC Council elections. Reconciling all the differences identified in the roll comparisons for 2022 and 2023, will ensure all eligible voting members are able to exercise their democratic voting rights in this round of elections.
We encourage LALCs to work closely with their NSWALC Zone Office; and the team at the Office of the Registrar, prior to advertising their annual meetings. This will ensure the delegation can be provided for your meeting, so your Board elections are conducted in line with ALRA and ALRR requirements.