Complaints about Aboriginal Land Councils
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Aboriginal Land Councils are independent statutory organisations, with their own powers and responsibilities. Because Aboriginal Land Councils are independent organisations, the Minister for Aboriginal Affairs has limited power to take action on complaints about Land Councils.
The Aboriginal Land Rights Act 1983 does not allow the Minister to intervene in the operations of Aboriginal Land Councils.
If the Minister receives a complaint about an Aboriginal Land Council, the Minister will refer the complaint to an agency that has some power to deal with the issues raised in the complaint. Depending on the nature of the complaint, these organisations would usually be the NSW Aboriginal Land Council, the Registrar of the Aboriginal Land Rights Act, the Independent Commission against Corruption (ICAC) or the NSW Ombudsman's Office.
In some cases, if there is no other way to deal with serious financial or administrative problems at a Land Council, then the Minister has the power to consider the appointment of an investigator or administrator.
Pecuniary Interests - Complaints about pecuniary interests should be referred to the Registrar, Aboriginal Land Rights Act 1983. The Registrar may determine that the complaint should be investigated further. The Registrar may then determine that the complaint should be referred to the Pecuniary Interest Tribunal established under the Aboriginal Land Rights Act 1983 to hear the matters and make a determination.
Corruption - Complaints about corrupt or dishonest conduct at a Land Council, should be referred to the Registrar and/or the Independent Commission Against Corruption (ICAC). Some examples of corrupt conduct are: taking a bribe, taking Land Council money for personal use, or deliberately lying in order to gain a financial or other benefit (fraud).
If a matter is referred to ICAC, they will determine if the matter requires further investigation and decide how best to deal with it.
Illegal and Criminal Activity - Complaints regarding Aboriginal Land Council board members or employees doing illegal or criminal acts, such as damaging or stealing Land Council property, obtaining money by deception, or threatening to be violent, should be reported to the police. Once the matter has been reported to the police the matter should also be reported to the NSW Aboriginal Land Council.
Ways to resolve complaints
Step 1: Resolve the complaint internally Many complaints and issues can be resolved at a local level through formal or informal meetings of aggrieved parties.
Step 2: Get assistance from the Registrar and/or the NSW Aboriginal Land Council If problems can't be resolved internally the Office of the Registrar and/or the NSW Aboriginal Land Council may be able to help solve the problem. These organisations can conciliate and/or mediate discussions to hear and resolve the issues of complaint.
Step 3: Go to the Land and Environment Court If mediation and conciliation is unsuccessful the Registrar, in some circumstances, can refer the dispute to the Land and Environment Court. The Court will listen to the arguments of the people involved in the dispute and will make a final decision and give orders that everyone will have to follow.
It is important to note that going to court is expensive and depending on the ruling parties may be ordered to pay costs. Additionally there is usually a long waiting list before the Court is ready to hear cases.
