{"id":"oombulgurri-association-incorporated-bylaws","name":"Oombulgurri Association Incorporated By-laws","slug":"oombulgurri-association-incorporated-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179155,"registerId":"wa-oombulgurri-association-incorporated-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Oombulgurri Association Incorporated By-laws","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nOombulgurri Association Incorporated By-laws\n\n- **Reprinted under the *Reprints Act 1984* as at 3 June 2005**\n\n\nWestern Australia\n\nOombulgurri Association Incorporated By-laws\n\nContents\n\n‑Part 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Definitions 1\n\nPart 2 — Community land\n\n4. Permission required to enter and remain on community land 3\n\n5. Restriction of entry into areas 4\n\n6. Homes 4\n\nPart 3 — Traffic\n\n7. Traffic signs 5\n\n8. Careless and dangerous driving 5\n\n9. Areas prohibited to vehicles 5\n\nPart 4 — Offences relating to alcohol\n\n10. Prohibition of alcohol on community land 6\n\nPart 5 — Regulation of other matters\n\n11. Wilful damage 7\n\n12. Litter 7\n\n13. Offensive behaviour 7\n\n14. Disruption of meetings 7\n\n15. Supervision of children in absence of guardian 7\n\nPart 6 — Enforcement and proceedings\n\n16. Powers of police 8\n\n17. Offences 8\n\n18. Fine 8\n\n19. Restitution 8\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\n- Crest\n- **Reprinted under the *Reprints Act 1984* as at 3 June 2005**\n\n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nOombulgurri Association Incorporated By‑laws\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Oombulgurri Association Incorporated By‑laws* 1.\n\n##### 2. Commencement\n\nThese by‑laws shall come into effect when approved by the Governor and published in the *Government Gazette* 1.\n\n##### 3. Definitions\n\nIn these by‑laws unless the context requires otherwise —\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  community means the Oombulgurri Association Incorporated;\n\n  community land means that land declared by the Governor under section 6 of the Act to be the community lands of the community;\n\n  the Committee means the Committee of the Oombulgurri Association Incorporated;\n\n  fish includes all fish and crustacea, marine and freshwater;\n\n  member of the community means any person who is accepted as a member of the Community for the time being;\n\n  vehicle has the same meaning as it has under the *Road Traffic Act 1974* (as amended).\n\n## Part 2 — Community land\n\n##### 4. Permission required to enter and remain on community land\n\n(1) Except as provided to the contrary in any Act or regulation a person who is not a member of the community shall not enter or remain on community land without the prior permission of the Committee.\n\n(2) The Committee may in its absolute discretion —\n\n(a) grant or refuse permission for a person to enter community land orally or in writing;\n\n(b) impose such conditions as it thinks fit in granting permission to enter community land; and\n\n(c) revoke such permission at any time.\n\n(3) The Committee may delegate its powers under this by‑law to any community adviser or other officer in the employ of the community as the Committee thinks fit and without prejudice to its own exercise of its powers under this by‑law.\n\n(4) Except as provided to the contrary in any Act or regulation any person who —\n\n(a) enters community land without the prior permission of the Council;\n\n(b) having been granted permission to enter community land on certain conditions breaches any such condition; or\n\n(c) having entered community land with permission of the Council refuses to leave when requested to do so by the Council or its duly authorised delegate;\n\ncommits an offence.\n\n##### 5. Restriction of entry into areas\n\nSubject to the provisions of any Act or regulation to the contrary —\n\n(1) the Committee may place signs on community land for the purpose of prohibiting entry to the part of the land on which the sign is placed or to such part of the community land indicated by the inscription on the sign;\n\n(2) an inscription on such a sign operates and has effect according to its tenor;\n\n(3) any person who fails to obey the directions in the inscription on such a sign commits an offence.\n\n##### 6. Homes\n\n(1) A person shall not enter the home of another person without obtaining the prior permission of that person.\n\n(2) A person who is in a home other than his own shall leave that home if and when he is directed to do so by an occupier of that home.\n\n## Part 3 — Traffic\n\n##### 7. Traffic signs\n\n(1) The Committee may cause signs called **“traffic signs”** to be erected on community land for the purpose of prohibiting, regulating or guiding vehicle traffic and the passage of pedestrians.\n\n(2) The inscription on a traffic sign operates and has effect according to its tenor.\n\n(3) Any person who fails to comply with the directions in an inscription on a traffic sign commits an offence.\n\n##### 8. Careless and dangerous driving\n\n(1) A person shall not drive a vehicle on community land without due care and attention.\n\n(2) A person shall not drive a vehicle on community land at a speed or in any other manner that is, having regard to all the circumstances of the case, dangerous to the public or to any person.\n\n##### 9. Areas prohibited to vehicles\n\n(1) The Committee may declare any area of community land as an area to which access by vehicles or certain types of vehicles shall be prohibited.\n\n(2) Any person who drives a vehicle in an area declared to be a prohibited area by the Committee under this by‑law commits an offence.\n\n## Part 4 — Offences relating to alcohol\n\n##### 10. Prohibition of alcohol on community land\n\nAny person who —\n\n(1) brings alcohol onto community land;\n\n(2) possesses alcohol on community land;\n\n(3) supplies alcohol to another on community land;\n\n(4) enters community land in a drunken condition;\n\n(5) is drunk on community land;\n\n(6) consumes alcohol on community land; or\n\n(7) drives a vehicle on community land whilst under the influence of alcohol;\n\ncommits an offence.\n\n## Part 5 — Regulation of other matters\n\n##### 11. Wilful damage\n\nA person shall not wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 12. Litter\n\nA person shall not leave any rubbish or litter —\n\n(1) in any home or in an enclosure around a home without the permission of the occupier of that home; or\n\n(2) in any other area of the community land except in a rubbish bin or in an area set aside by the Committee for leaving rubbish and litter.\n\n##### 13. Offensive behaviour\n\nA person shall not cause a disturbance or annoyance to other persons by using abusive language or fighting or otherwise act in an offensive or disorderly manner.\n\n##### 14. Disruption of meetings\n\nA person shall not interrupt any meeting of the Committee or the community or any customary meeting by noise or any other offensive or disorderly behaviour.\n\n##### 15. Supervision of children in absence of guardian\n\nEvery person residing on community land shall before departing from that land for any period of time make proper arrangements for the supervision and support of any children ordinarily in their custody who remain on community land during their absence.\n\n## Part 6 — Enforcement and proceedings\n\n##### 16. Powers of police\n\n(1) Where any person has committed or is committing an offence against a by‑law and it appears likely that injury to persons or damage to property will be caused by that person, a member of the Police Force may apprehend and remove that person from community land for a period not exceeding 24 hours and in any event that person shall be returned to community land if a Court is convened to deal with him according to law.\n\n(2) A member of the Police Force may request the name and address of any person who he believes on reasonable grounds to have committed a breach of any of these by‑laws.\n\n(3) Any person who when called upon to give their name and address under this by‑law fails to give their name and address commits an offence.\n\n(4) A member of the Police Force may commence proceedings for any breach of a by‑law.\n\n##### 17. Offences\n\nA person who breaches or fails to comply with any of the provisions of by‑laws 6, 8, 11, 12, 13, 14 and 15 commits an offence.\n\n##### 18. Fine\n\nA person who is convicted of an offence against a by‑law is liable to a fine of $100.\n\n[By-law 18 inserted: Gazette 14 May 2004 p. 1456.]\n\n##### 19. Restitution\n\nIn addition to any fine imposed for breach of the by‑laws the Court may order a person convicted of an offence against these by‑laws to pay compensation of not more than $250 to the community or another person where, in the course of committing the offence the person convicted has caused damage to the property of the community or of that other person.\n\n[By-law 19 amended: Gazette 14 May 2004 p. 1457.]\n\nNotes\n\n1 This reprint is a compilation as at 3 June 2005 of the *Oombulgurri Association Incorporated By-laws* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Oombulgurri Association Incorporated By‑laws* | 26 Apr 1991 p. 1844‑6 | 26 Apr 1991 (see bl. 2) |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 16 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Oombulgurri Association Incorporated By‑laws* as at 3 Jun 2005** (includes amendments listed above) | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncommunity 3\n\ncommunity land 3\n\nfish 3\n\nmember of the community 3\n\nthe Act 3\n\nthe Committee 3\n\nvehicle 3\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The reprinted version incorporates amendments that specify enforcement and sentencing details (notably the inserted fine and restitution provisions in 2004). Those changes adjust penalties and procedural detail but do not broaden the by‑laws' core subject matter: local control of access, behaviour, traffic and alcohol on Oombulgurri community land (original scope remains intact)."},"complexity_factors":["Seven defined terms in the interpretation section (by‑law 3)","Six substantive parts (Preliminary; Community land; Traffic; Alcohol; Other matters; Enforcement)","Frequent cross‑reference to external Acts/regulations (Aboriginal Communities Act 1979; Road Traffic Act 1974) which import external definitions and law (by‑laws 3, 4(1), 7(1))","Several broadly framed discretionary powers (Committee's \"absolute discretion\" in by‑law 4(2)) rather than detailed procedural rules","Straightforward offence structure: a list of discrete offences and a single fixed fine amount with a modest restitution cap (by‑laws 17–19)","Limited conditional nesting — a few delegations (4(3)) and exceptions of the form \"except as provided to the contrary in any Act or regulation\""],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Establishes a set of local rules (by‑laws) that govern behaviour, access, traffic, alcohol and minor property offences on the land declared as Oombulgurri community land (see by‑laws 3 and 4).\n- Gives the community’s governing body (the Committee) power to control who may enter and remain on community land, to place signs restricting access or vehicle use, and to make and enforce directions about homes, litter, damage and meetings (by‑laws 4–6, 7, 9, 11–15).\n- Creates criminal offences for breaching those rules and sets a fixed monetary penalty and an additional restitution power (by‑laws 17–19). The penalty is a fine of $100 and courts may order up to $250 in compensation where property was damaged (by‑laws 18–19).\n- Confers enforcement powers on police to remove persons from the land for up to 24 hours, to ask for name and address, and to commence proceedings for breaches (by‑law 16).\n\n**Who decides and who is affected**\n\n- The Committee of the Oombulgurri Association Incorporated decides who may enter and what conditions apply (by‑law 4). The Committee can delegate these powers to community staff (by‑law 4(3)).\n- People affected include: members of the public and non‑members who wish to enter the community land; community residents (who are subject to duties such as supervising children, by‑law 15); drivers and vehicle owners (by‑laws 7–9); anyone on the land who consumes, brings or supplies alcohol (by‑law 10); and people who cause damage, litter, or disorder (by‑laws 11–14).\n- Police are the primary external enforcers (by‑law 16). Courts impose fines and may order compensation (by‑laws 18–19).\n\n**Why it matters (stated purpose and operational consequences)**\n\n- The by‑laws, on their face, are designed to give the community local control over access, safety, order and property protection on its declared lands. That is the explicit operational purpose in the rules (see especially by‑laws 4, 7 and 10).\n- Testing that purpose against costs and trade‑offs:\n  - Who pays: people who breach the by‑laws may pay the $100 fine and up to $250 compensation; the broader community bears the administration and policing costs of applying the by‑laws (by‑laws 16–19).\n  - Who decides and discretion: the Committee has wide discretion, including an express power to grant or refuse entry \"in its absolute discretion\" (by‑law 4(2)). That creates low-formal procedural cost for the Committee to exclude or impose conditions, but raises implementation risk (arbitrary or inconsistent decisions) unless the Committee adopts published procedures.\n  - Behaviour changes: prospective visitors must seek permission to enter (by‑law 4); drivers must obey traffic signs and restrictions (by‑laws 7–9); alcohol possession and use on the land is criminalised (by‑law 10), which reduces on‑site consumption but may shift behaviour off‑site or into covert use.\n  - Compliance burden: individuals must obtain permission to enter — that is an additional administrative step compared with public land. Businesses or service providers seeking to work on the land will be subject to permission and any conditions the Committee imposes (by‑law 4(2)(b)).\n  - Effects on private enterprise and contracts: the by‑laws do not create a licensing scheme for commercial activity, but the Committee’s ability to impose conditions on entry (by‑law 4) can affect external suppliers, contractors or tourism operators who must comply with entry conditions or risk exclusion.\n  - Enforcement and liberty trade‑off: police have power to remove a person for up to 24 hours (by‑law 16(1)) and to require name and address (by‑law 16(2)–(3)). Those are short, immediate enforcement tools; longer disputes are left to the courts.\n\n**Implementation risks, incentives and potential unintended consequences**\n\n- Concentrated benefits and decision control: the Committee (a small decision‑making body) gains concentrated control over access and conduct on community land (by‑law 4). The by‑laws thus centralise gatekeeping power; whether that is exercised transparently or arbitrarily depends on internal Committee practice.\n- Diffuse costs and deterrence: fixed low fines ($100) and modest restitution caps ($250) mean penalties are small. That may limit deterrence for more serious or repeat conduct, shifting reliance to policing, reputation, or internal community sanctions (by‑laws 18–19).\n- Substitution effects: blanket alcohol prohibitions on community land (by‑law 10) may reduce on‑site consumption but could shift activity to neighbouring areas or create covert behaviour that is harder to supervise.\n- Access and service delivery risks: mandatory prior permission for non‑members (by‑law 4) can complicate emergency access, service delivery, visiting contractors or businesses unless the Committee provides clear, timely procedures or delegates authority.\n- Capture and checks: the by‑laws reference that they operate \"except as provided to the contrary in any Act or regulation\" (by‑laws 4(1), 5 and elsewhere), so existing State laws can override these rules; however, the by‑laws themselves contain few internal procedural checks on Committee discretion beyond the ability to delegate (by‑law 4(3)).\n\n**Key practical points with section pointers**\n\n- Non‑members must obtain Committee permission to enter community land (by‑law 4).\n- The Committee can erect signs and traffic signs and declare vehicle‑prohibited areas (by‑laws 5, 7, 9).\n- Alcohol possession, supply, use, being drunk, or driving under the influence on community land are offences (by‑law 10).\n- Police may remove people for up to 24 hours and may require name and address (by‑law 16).\n- Offences carry a $100 fine; courts may order up to $250 compensation for damage (by‑laws 18–19).\n\n**Bottom line**\n\nMechanically, these by‑laws place day‑to‑day control over entry, behaviour, traffic and alcohol on the Committee of the Oombulgurri Association, backed by modest criminal penalties and short‑term police powers. The rules give the Committee broad discretion to set conditions and exclude people, which creates effective local gatekeeping but depends on how the Committee operationalises that discretion. The penalties are small, so enforcement will rely heavily on local policing, community processes and the Committee’s internal practices (see by‑laws 4, 10, 16–19)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope as no legislative content was retrieved. The URL returned only a system error notice indicating the page has been moved or removed during a website upgrade."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error message rather than any actual legislation","Cannot assess complexity of the underlying by-laws as the text is inaccessible"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe page that was supposed to contain the **Oombulgurri Association Incorporated By-laws** (local rules governing the Oombulgurri Association, an incorporated community organisation in Western Australia) is no longer available on the Western Australian legislation website. The link appears to have broken due to system upgrades.\n\n**What this means for you:** There is no legislative content available to analyse. If you need to access these by-laws, the Western Australian Parliamentary Counsel's Office helpdesk may be able to assist you in locating the current version."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-laws remain focused on their original purpose: providing a basic regulatory framework for entry control, traffic management, alcohol prohibition, and community order on Oombulgurri community land. The 2004 amendments only updated the penalty amounts ($100 fine and $250 restitution), which is standard maintenance rather than scope expansion."},"complexity_factors":["Short document: only 19 by-laws across 6 parts","Minimal cross-referencing: only references to the Aboriginal Communities Act 1979 and Road Traffic Act 1974","Simple conditional logic: most provisions are straightforward prohibitions ('shall not') with minimal exceptions","Only 7 defined terms in the interpretation section","Clear structure with descriptive headings for each Part","Some minor drafting quirks: by-law 4(4) incorrectly refers to 'Council' instead of 'Committee' (likely a cut-and-paste error from another community's by-laws), and the penalty provisions were amended in 2004 showing some legislative maintenance"],"plain_english_summary":"These by-laws are local rules for the Oombulgurri Aboriginal community in Western Australia, made under the Aboriginal Communities Act 1979. They set out how people must behave on community land and what happens if they break the rules.\n\n**Who it affects:**\n- Members of the Oombulgurri community\n- Visitors and non-members who want to enter the community\n- Police officers enforcing the rules\n\n**Key rules:**\n- **Entry control:** Non-members need permission from the community Committee to enter or stay on community land. The Committee can set conditions and kick people out if needed.\n- **Traffic:** Standard road rules apply—no careless driving, obey traffic signs, and stay out of areas where vehicles are banned.\n- **Alcohol ban:** A total prohibition on bringing, possessing, supplying, or drinking alcohol on community land. Being drunk or driving under the influence is also banned.\n- **Respect and safety:** No entering homes without permission, no wilful damage, no littering, no offensive behaviour or fighting, and no disrupting community meetings.\n- **Child welfare:** Adults must arrange proper care for children before leaving the community.\n\n**Enforcement:**\n- Police can arrest and remove someone for up to 24 hours if they're causing harm or damage.\n- Police can demand names and addresses of suspected rule-breakers.\n- Breaking most rules carries a $100 fine (set in 2004).\n- Courts can also order up to $250 in compensation for property damage.\n\n**Why it matters:**\nThese by-laws give the Oombulgurri community legal tools to control who enters their land, maintain safety and order, enforce an alcohol ban, and protect community property and wellbeing. They reflect a form of self-governance allowing the community to set standards for behaviour on their own land."}},"importantCases":[],"_links":{"self":"/api/acts/oombulgurri-association-incorporated-by-laws","history":"/api/acts/oombulgurri-association-incorporated-by-laws/history","analysis":"/api/acts/oombulgurri-association-incorporated-by-laws/analysis","conflicts":"/api/acts/oombulgurri-association-incorporated-by-laws/conflicts","importantCases":"/api/acts/oombulgurri-association-incorporated-by-laws/important-cases","documents":"/api/acts/oombulgurri-association-incorporated-by-laws/documents"}}