Investigators and Administrators
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When the is no other way to deal with serious financial or administrative problems at an Aboriginal Land Council the Minister for Aboriginal Affairs may consider appointing an investigator or administrator. The appointment of investigators and administrators is one of the key responsibilities of the Minister for Aboriginal Affairs under the Aboriginal Land Rights Act 1983.
The Minister cannot appoint an investigator or administrator to a Local Aboriginal Land Council without the approval of the NSW Aboriginal Land Council. The Government bears no cost in the appointments. The remuneration and cost of investigators and administrators is paid by the NSW Aboriginal Land Council, which may later recover the funds from the Local Aboriginal Land Council where the appointment was made.
The appointment of an investigator or administrator is effective on the day that the Minister for Aboriginal Affairs signs the appointees Instrument of Appointment.
Investigators and Administrators are appointed from a list of professionals jointly prepared by the Department of Aboriginal Affairs and the NSW Aboriginal Land Council. The list was last reviewed in 2006 by undertaking proper procurement procedures via a NSW government tender process to ensure that appointees are suited and qualified to administer and investigate Aboriginal Land Councils.
Investigators
The Aboriginal Land Rights Act 1983 empowers the Minister for Aboriginal Affairs to appoint an investigator to investigate the affairs of an Aboriginal Land Council, including its efficiency and effectiveness.
The Minister may only appoint an investigator if the NSW Aboriginal Land Council has approved the appointment.
The investigator's job is to examine the problems within the Land Council and to advise the Minister and the NSW Aboriginal Land Council on future steps that may need to be taken to help the Land Council to operate properly. The investigator must also report any maladministration or misappropriation to the appropriate authorities.
The Chairperson of the Land Council, as well as others with possession or control of the Land Council records, must provide the investigator with access to the records, as well as information and authorities to the records. A person must not hinder, obstruct or delay the investigation.
Administrators
The Aboriginal Land Rights Act 1983 empowers the Minister to appoint an administrator to a local or Regional Aboriginal Land Council if:
- there are not sufficient members of the Land Council for that area to form a quorum of the Council;
- the Land Council fails to comply with its financial obligations under the Aboriginal Land Rights Act 1983;
- the results of an audit of the financial statements of the Land Council are unsatisfactory;
- the Minister receives a report by an investigator that the funds or other property of the Land Council for that area have not been properly applied or managed; or
- the Land Council for that area has substantially breached the requirements of the Aboriginal Land Rights Act 1983 or the regulations or the rules of the Land Council;
The administrator's job is to try and fix the administrative and financial problems experienced by the Land Council and to help the Land Council function effectively again.
The administrator normally has all functions of the Land Council but can be appointed with part functions in which the Board remains in office.
Before the Minister can decide to appoint an administrator, the Minister must have the approval of NSW Aboriginal Land Council. Local Aboriginal Land Councils are given adequate opportunity, by means of procedural fairness to all board members, to respond to the reasons for which the Minister may be considering the appointment of an administrator.
The Chairperson and Board of the Land Council, as well as others with possession or control of the Land Council records, must provide the administrator with access to the records, as well as information and authorities to the records. A person must not hinder, obstruct or delay the administration.
Appointments of administrators are published in the NSW Government Gazette.
