{"id":"irrungadji-community-bylaws-2005","name":"Irrungadji Community By-laws 2005","slug":"irrungadji-community-by-laws-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178377,"registerId":"wa-irrungadji-community-bylaws-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Irrungadji Community By-laws 2005","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nIrrungadji Community By-laws 2005\n\nWestern Australia\n\nIrrungadji Community By-laws 2005\n\nContents\n\n1. Introduction 1\n\n2. How the Committee makes decisions 1\n\n3. Giving and refusing permission 2\n\n4. Who can be on the community lands 2\n\n5. Places that are out of bounds 3\n\n6. Driving and traffic control 3\n\n7. Damage 4\n\n8. Rubbish 4\n\n9. Bad behaviour 4\n\n10. Other people’s houses and belongings 5\n\n11. Alcohol and drugs 5\n\n12. Guns and other weapons 6\n\n13. Police powers 7\n\n14. Offences against these by-laws 7\n\nNotes\n\nCompilation table 9\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nIrrungadji Community By-laws 2005\n\n##### 1. Introduction\n\n(1) These are the *Irrungadji Community By-laws 2005*.\n\n(2) These by-laws have been made by the Committee of Management of the association called the Irrungadji Group Association Incorporated and approved by the Governor.\n\n(3) The Irrungadji Group Association Incorporated is an Aboriginal community to which the *Aboriginal Communities Act 1979* applies.\n\n(4) As that Act says, these by-laws apply to you if you are on the community lands of that Aboriginal community and it does not matter if you are a member of the community or not.\n\n(5) Under that Act the Governor has said which lands are the community lands of the community.\n\n(6) You are a member of the community if you are a member of the association under its constitution.\n\n(7) These by-laws are in addition to the laws of Western Australia.\n\n##### 2. How the Committee makes decisions\n\n(1) When it is making a decision under these by-laws the Committee of Management will consider the welfare of the community as the most important consideration.\n\n(2) The Committee does not have to give reasons for any of its decisions under these by-laws.\n\n(3) The Committee can tell you about a decision it has made under these by-laws by speaking or writing to you or by putting up a notice of it in a public place on the community lands.\n\n##### 3. Giving and refusing permission\n\n(1) The Committee of Management can permit a member of the Committee or any other person to make decisions on its behalf about giving, refusing or taking away permission under these by‑laws and if it does it must do so in writing.\n\n(2) If you want the Committee’s permission under these by-laws to do something, you must ask the Committee, or a person who the Committee has permitted to make decisions on its behalf, about giving or refusing permission.\n\n(3) If these by-laws allow the Committee to give permission to do something, it can give permission to any person or to any class of persons and also can at any time —\n\n- require the person or class of persons to comply with conditions when doing the thing; or\n- change or take away any such conditions; or\n- take away the permission.\n\n\n(4) If these by-laws allow the Committee to give permission to do something, it can refuse to give permission.\n\n##### 4. Who can be on the community lands\n\n(1) If you are a member of the community you can be on the community lands at any time except when you are removed by a member of the Police Force under by‑law 13(3).\n\n(2) If you are not a member of the community, you can only be on the community lands if you have got permission from the Committee of Management.\n\n(3) In order to ask for permission to be on the community lands you may enter the community lands, as long as you go straight to the Committee’s office.\n\n(4) If you get permission to be on the community lands before you enter them, you must tell a member of the Committee of your arrival as soon as you do arrive.\n\n(5) If you get permission from the Committee to be on the community lands, you must obey any conditions imposed by the Committee on you when you are on the lands.\n\n(6) If you do not obey those conditions when you are on the community lands, the Committee can order you to leave the lands and, if it does, you must leave immediately.\n\n##### 5. Places that are out of bounds\n\n(1) The Committee of Management can decide that some places on the community lands are out of bounds to all people, or to some people, at all times or at some times.\n\n(2) The Committee can decide that some places on the community lands are out of bounds to all vehicles, or to some vehicles, at all times or at some times.\n\n(3) You must not enter a place that the Committee has said is out of bounds to you.\n\n(4) The Committee can put up signs to say which places are out of bounds and which people can and cannot enter them.\n\n##### 6. Driving and traffic control\n\n(1) When you are driving you must drive carefully and not cause danger to your passengers or other people.\n\n(2) When you are driving you must not be drunk or under the influence of any drug or harmful substance.\n\n(3) When you are driving you must hold a valid Australian driver’s licence.\n\n(4) The Committee of Management can put up signs telling drivers where they can drive, how fast they can drive and how they must drive.\n\n(5) When you are driving you must obey those signs.\n\n##### 7. Damage\n\n(1) In this by-law, damage includes graffiti.\n\n(2) You must not intentionally damage any thing that belongs to the Irrungadji Group Association Incorporated or any thing that does not belong to you.\n\n(3) You must not damage any plant or tree that has been planted by another person or by the Committee of Management.\n\n##### 8. Rubbish\n\n(1) You must not leave rubbish on the community lands except in a rubbish bin or a rubbish tip set up by the Committee of Management.\n\n(2) You must not abandon a vehicle on the community lands except in a rubbish tip set up by the Committee.\n\n##### 9. Bad behaviour\n\n(1) You must not annoy or frighten other people by using bad or abusive language, by fighting, by carrying a weapon, by being rowdy, or by driving irresponsibly.\n\n(2) You must not be a nuisance to people such as by playing music loudly.\n\n(3) You must not make it difficult for the Committee of Management or any of its members or employees to do their jobs.\n\n(4) You must not disrupt a meeting of the Committee or of members of the community or a customary meeting.\n\n(5) If you do disrupt such a meeting, the meeting can ask you to leave and, if it does, you must leave.\n\n(6) You must not be offensive to any elder of the community.\n\n##### 10. Other people’s houses and belongings\n\n(1) You must not enter another person’s house without their permission.\n\n(2) You must leave another person’s house if they ask you to leave.\n\n(3) You must not use any thing that belongs to someone else without that person’s permission.\n\n(4) You must not use any thing that belongs to the Irrungadji Group Association Incorporated without the permission of a member of the Committee of Management.\n\n##### 11. Alcohol and drugs\n\n(1) For this by-law —\n\n- a “harmful substance” is any substance that may harm your health if you swallow or inhale it, such as glue or petrol;\n- an “illegal drug” is any drug that it is illegal to possess under the laws of Western Australia; and\n- “prohibited alcohol” is port, wine, spirits or any other drink containing alcohol but not beer.\n\n\n(2) Unless you have the Committee of Management’s permission to do so you must not —\n\n- bring any prohibited alcohol or harmful substance on to the community lands; or\n- give any prohibited alcohol or harmful substance to another person; or\n- have or keep any prohibited alcohol or harmful substance; or\n- drink any prohibited alcohol.\n\n\n(3) You must not —\n\n- bring any illegal drug on to the community lands; or\n- give any illegal drug to another person; or\n- have or keep any illegal drug; or\n- use or take any illegal drug; or\n- deliberately swallow or inhale or inject yourself with any illegal drug or harmful substance.\n\n\n(4) If you are under 18 years of age you must not drink any alcohol.\n\n(5) You must not give any alcohol to a person who is under 18 years of age.\n\n(6) If you know that a community member has been told by a doctor not to drink alcohol, you must not give alcohol to that person.\n\n(7) You must not be under the influence of an illegal drug or a harmful substance.\n\n(8) If you are drunk or under the influence of an illegal drug or a harmful substance, the Committee can order you to leave the community lands and, if it does, you must leave immediately.\n\n(9) This by-law does not stop you taking any medicine in the way it is meant to be taken or any drug that has been prescribed for you by a doctor or nurse.\n\n##### 12. Guns and other weapons\n\n(1) For this by-law a “gun” is any shotgun, rifle, pistol or other weapon that is a firearm under the *Firearms Act 1973*.\n\n(2) You must tell the Committee of Management about every gun that you own.\n\n(3) You must tell the Committee about every gun that you bring to the community lands, even if it is not your gun.\n\n(4) You must always keep a gun in a safe place and in a place where children cannot touch it.\n\n(5) The Committee can decide where people can or cannot shoot on the community lands.\n\n(6) The Committee can put up signs to say where you can and cannot shoot.\n\n(7) You must not shoot in a place where the Committee has said you cannot shoot.\n\n##### 13. Police powers\n\n(1) If a member of the Police Force believes a person is breaking, or has broken, one of these by-laws, he or she can ask the person for the person’s name and address.\n\n(2) If a member of the Police Force asks you for your name and address under bylaw 13(1), you must tell him or her.\n\n(3) If a member of the Police Force believes a person is breaking, or has broken, one of these by-laws, he or she can arrest the person and remove him or her from the community lands.\n\n(4) A person who is arrested under bylaw 13(3) must be released after being dealt with by a court for the breach and in any event must not be kept in custody for longer than 24 hours.\n\n(5) A member of the Police Force can remove any thing from the community lands including but not limited to vehicles and animals.\n\n##### 14. Offences against these by-laws\n\n(1) You commit an offence against these by-laws —\n\n- if you do not obey one of these by-laws; or\n- if you do not obey a condition that was imposed by the Committee of Management when it gave you permission under these by-laws to do something.\n\n\n(2) A member of the Police Force can charge a person with committing an offence against these by-laws.\n\n(3) You will be not guilty of an offence against these by-laws if you show the court that at the time of the offence you were a member of the community and that what you did was a custom of the community.\n\n(4) A court that finds a person guilty of an offence against these by-laws can fine the person not more than $5 000.\n\n(5) If a court finds a person guilty of an offence against these by-laws and finds that when the person committed the offence the person damaged property of another person or the Irrungadji Group Association Incorporated, the court may order the person to pay compensation of not more than $250 to the other person or the association.\n\nNotes\n\n1 This is a compilation of the *Irrungadji Community By-laws 2005.* The following table contains information about those by-laws.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Irrungadji Community By-laws 2005* | 21 Dec 2005 p. 6163-75 | 21 Dec 2005 |\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These by‑laws implement a local regulatory regime for conduct on declared community lands—entry controls, behaviour rules, alcohol/drug restrictions, firearm reporting, nuisance and property protections, and police enforcement. That falls within the ordinary scope of community by‑laws authorised by the Aboriginal Communities Act 1979. The instrument does not introduce powers or subject‑matter clearly beyond the typical regulation of community lands (for example, it does not create new taxation powers or extensive civil regulatory regimes). It creates offences and penalties and relies on state police and courts for enforcement, which is consistent with the usual operation of by‑laws under that Act."},"complexity_factors":["Short instrument with 14 by‑laws (sections)","Few defined terms: 'harmful substance', 'illegal drug', 'prohibited alcohol', 'gun' (By‑law 11(1), 12(1))","Limited cross‑references: Aboriginal Communities Act 1979, Firearms Act 1973 and Western Australian criminal law","Moderate conditional logic: permissions can be granted, conditioned, changed or revoked (3(3)), and members/non‑members have different access rules (4)","Discrete enforcement rules and limited exceptions (customary practice defence in 14(3); custody limit 13(4))","Some delegation and procedural discretion (Committee may delegate in writing 3(1); need not give reasons 2(2))"],"plain_english_summary":"**What these by‑laws do (mechanically)\n\n- These are local rules made by the Irrungadji Group Association Incorporated under the Aboriginal Communities Act 1979 to govern behaviour and use of the community lands that the Governor has declared as belonging to that community (By‑laws 1(2)–(6)).\n- They set who may be on the lands (members at all times; non‑members only with Committee permission) and how permission is given, conditioned, changed or withdrawn (By‑laws 4 and 3).\n- The Committee of Management is given broad discretionary powers: to decide welfare as the primary consideration when deciding under the by‑laws (2(1)); to delegate decision‑making in writing (3(1)); to place places and vehicle routes out of bounds (5); to erect signs (5, 6, 12); to set driving directions and speed limits on the lands (6); and to decide where shooting may occur (12(5)). The Committee does not have to give reasons for its decisions (2(2)).\n- The by‑laws regulate specific conduct: damage and graffiti (7); rubbish and abandoned vehicles (8); conduct that annoys, frightens or offends others and disruption of meetings (9); entry to and use of other people’s houses and Association property (10); alcohol, drugs and harmful substances, with definitions and age and medical exceptions (11); and guns, including notification and safe storage obligations (12).\n- Police enforcement powers are set out: police may ask for name and address (13(1)–(2)); may arrest and remove from the lands if a by‑law is believed to have been broken (13(3)); may remove property (13(5)); and custody is limited to 24 hours or until a court has dealt with the breach (13(4)).\n- Breaches are offences enforceable by police, with maximum fines up to $5,000 and, where property damage is proved, the court may order compensation up to $250; a customary practice defence exists for community members (14).\n\nWho is affected and why it matters\n\n- Primary subjects: anyone physically present on the declared community lands. Members of the association have continuing access except where removed by police (4(1)); non‑members need Committee permission to be on the lands (4(2)).\n- Practical effects: the by‑laws control entry, movement, behaviour, alcohol/drug possession and use, firearm reporting and storage, and local environmental matters (rubbish, damage). They create procedural steps for visitors, contractors and service providers (permission, conditions, sign compliance) and create criminal offences enforceable by police.\n\nOfficial purpose claim and an operational test\n\n- The by‑laws present themselves as measures to manage community welfare, safety and amenity, and to enable the local Committee to regulate use of community lands (2(1), 1(3)).\n- Concrete trade‑offs and implementation effects to note: \n  - Who pays and who decides: the Committee decides on permissions and conditions (3), and affected people bear the cost of complying (for example, obtaining permission, obeying signs, securing guns, removing rubbish). Enforcement costs fall to police and courts when breaches occur (13, 14). \n  - Discretion and uncertainty: the Committee can refuse permission and is not required to provide reasons (3(4), 2(2)), which raises uncertainty for businesses, contractors or visitors who need predictable access (see 4 and 3). \n  - Compliance burden for outsiders: non‑members must apply for permission and may face conditions; this may increase time and administrative costs for service delivery, repairs, or commerce on the lands (3, 4). \n  - Effects on private activity: access restrictions and the Committee’s power to impose and change conditions (3(3)) may restrict or alter how independent businesses or contractors operate on the lands (for example, where they may drive, park, or work). \n  - Enforcement mechanism: the by‑laws rely on ordinary police powers (13); they do not create a separate community enforcement agency. Police may seize property and remove people and things from the lands (13(3), 13(5)). Custodial detention is time‑limited (13(4)).\n  - Interactions with state law: the by‑laws operate \"in addition to\" Western Australian law (1(7)) and cross‑refer to the Firearms Act 1973 for the definition of a gun (12(1)), and to state criminal law for illegal drugs (11). This means state offences and licensing regimes continue to apply alongside these local rules.\n\nCosts, incentives and risks (mechanisms, not judgments)\n\n- Concentrated decision power: the Committee benefits from concentrated authority to regulate land access and use (3, 4, 5). This concentrates regulatory discretion in a small body which can change conditions and permissions in writing (3(1), 3(3)).\n- Diffuse burdens: visitors, contractors, service providers and other non‑members bear the compliance and transaction costs of seeking permission and complying with conditions; they may also face enforcement risk (fines, removal) if they fail to comply (4, 14).\n- Potential substitution effects: the prohibition of certain alcohol types (defined as \"prohibited alcohol\" in 11(1)) but not beer could shift consumption patterns and privately sourced supply choices on the lands, subject to the Committee’s permission (11(2)).\n- Implementation risks: effective operation depends on clear signage, record‑keeping of permissions (3(1)), policing capacity to respond to breaches, and the Committee’s consistent application of its powers. The absence of a duty to provide reasons (2(2)) may increase disputes or legal challenges where access is refused.\n- Limited remedies for injured parties: courts may fine offenders and order relatively small compensation for damage (14(4)–(5)), which may not fully cover larger losses and could affect incentives for private repair or investment on the lands.\n\nSelected section references: Committee discretion and delegation (By‑laws 2, 3); entry rules for members and non‑members (4); out‑of‑bounds places and signage (5); driving rules and signage (6); alcohol/drugs definitions and prohibitions (11); gun reporting and storage (12); police enforcement powers and custody limits (13); offences, fines and a customary practice defence (14).\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No content was retrieved beyond a system error message and an Acknowledgement of Country."},"complexity_factors":["No legislative content was retrievable — the source page is unavailable","Complexity cannot be meaningfully assessed without the actual text","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"The Irrungadji Community By-laws 2005 are local laws (likely made under the Aboriginal Communities Act 1979) that govern conduct and management within the Irrungadji Aboriginal community in WA. They would affect residents and visitors by setting community standards on matters such as behaviour, access, and local amenities. The full text is currently unavailable online; consult the WA legislation site to view the by‑laws."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws appear consistent with the original intent of the Aboriginal Communities Act 1979, which was designed to allow Aboriginal communities to make local by-laws for the control and management of their lands. The scope covers standard community governance matters (access, behaviour, alcohol, weapons) that align with the Act's purpose. No evidence of significant scope creep beyond the original legislative intent."},"complexity_factors":["Short, readable document (14 by-laws plus introduction)","Plain English drafting style with minimal legal jargon","Only 3 defined terms ('harmful substance', 'illegal drug', 'prohibited alcohol' in by-law 11, and 'gun' in by-law 12)","Simple conditional structure (if/then) without nested exceptions","No cross-references to other legislation beyond the enabling Aboriginal Communities Act 1979 and Firearms Act 1973","Straightforward penalty structure with fixed maximum amounts","Single cultural defence provision (by-law 14(3))—clear and uncomplicated"],"plain_english_summary":"These are the **Irrungadji Community By-laws 2005**, a set of local rules made under Western Australia's *Aboriginal Communities Act 1979* for the Irrungadji Aboriginal community (near Carnarvon, WA).\n\n**What they do:**\nThese by-laws create a local code of conduct for anyone on Irrungadji community lands—whether they live there or are just visiting. They cover everything from who can enter the community, how to behave, alcohol and drug restrictions, driving rules, and weapons control.\n\n**Key rules include:**\n- **Access:** Only community members can be on the lands without permission; visitors must get approval from the Committee of Management.\n- **Alcohol:** \"Prohibited alcohol\" (wine, spirits, port—but notably *not* beer) is banned unless the Committee gives permission. No alcohol for under-18s.\n- **Drugs:** Illegal drugs and \"harmful substances\" (like petrol or glue) are completely banned.\n- **Weapons:** Gun owners must register firearms with the Committee and store them safely.\n- **Behaviour:** Rules against fighting, abusive language, being a nuisance, or disrespecting elders.\n- **Police powers:** Police can arrest people for by-law breaches and remove them from the lands (but must release them within 24 hours or after court dealing).\n\n**Who decides things:**\nThe **Committee of Management** (the community's governing body) makes decisions, doesn't have to give reasons, and can impose conditions on permissions or declare areas \"out of bounds.\"\n\n**Penalties:**\nBreaking these by-laws can result in fines up to **$5,000** and compensation orders up to **$250** for property damage.\n\n**Important cultural protection:**\nThere's a special defence—if you're a community member and what you did was a **custom of the community**, you're not guilty of the offence.\n\n**Why it matters:**\nThese by-laws give the Irrungadji community legal tools to control who enters their land, maintain order, protect culture, and manage serious social issues like alcohol and substance abuse—while operating alongside (not replacing) mainstream Western Australian law."}},"importantCases":[],"_links":{"self":"/api/acts/irrungadji-community-by-laws-2005","history":"/api/acts/irrungadji-community-by-laws-2005/history","analysis":"/api/acts/irrungadji-community-by-laws-2005/analysis","conflicts":"/api/acts/irrungadji-community-by-laws-2005/conflicts","importantCases":"/api/acts/irrungadji-community-by-laws-2005/important-cases","documents":"/api/acts/irrungadji-community-by-laws-2005/documents"}}