{"id":"the-balgo-hills-aboriginal-community-incorporated-bylaws-1982","name":"The Balgo Hills Aboriginal Community Incorporated By-laws 1982","slug":"the-balgo-hills-aboriginal-community-incorporated-by-laws-1982","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182212,"registerId":"wa-the-balgo-hills-aboriginal-community-incorporated-bylaws-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Balgo Hills Aboriginal Community Incorporated By-laws 1982","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nThe Balgo Hills Aboriginal Community Incorporated By-laws 1982\n\nWestern Australia\n\nThe Balgo Hills Aboriginal Community Incorporated By-laws 1982\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Definitions 1\n\nPart 2 — Land\n\n3. Permission required to enter and remain on community land 3\n\n4. Restriction of entry to areas 3\n\n5. Homes 4\n\nPart 3 — Traffic\n\n6. Traffic signs 5\n\n7. Careless and dangerous driving 5\n\nPart 4 — The regulation of other matters\n\n8. Wilful damage 6\n\n9. Litter 6\n\n10. Offensive behaviour 6\n\n11. Disruption of meetings 6\n\n12. Alcohol 6\n\n13. Fires 7\n\nPart 5 — Enforcement and proceedings\n\n14. Powers of police 8\n\n15. Offences 8\n\n16. Penalties 8\n\n17. Defence of acting under custom 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nThe Balgo Hills Aboriginal Community Incorporated By‑laws 1982\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be called *The Balgo Hills Aboriginal Community Incorporated By‑laws 1982* 1.\n\n##### 2. Definitions\n\nIn these by‑laws, unless the context requires otherwise —\n\n  by‑law means one of these by‑laws;\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  member of the community means any person who is accepted as a member of the community for the time being;\n\n  sub‑bylaw means sub‑bylaw of the by‑law in which the term is used;\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  the administrative area means that part of community land described in Department of Lands and Surveys 2 Miscellaneous Plan No. 1111;\n\n  the Administrator means the person who is and is acknowledged by the Council to be the Administrator for the time being of the community or a delegate of that person appointed by him orally or in writing;\n\n  the community means the Balgo Hills Aboriginal Community;\n\n  the Council means the council constituted by the constitution of The Balgo Hills Aboriginal Community Incorporated.\n\n## Part 2 — Land\n\n##### 3. Permission required to enter and remain on community land\n\n(1) Except as provided to the contrary in any Act or regulations, a person who is not a member of the community shall not enter or remain on community land without the prior permission of the Council.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given or refused orally or in writing;\n\n(b) may be given subject to such terms, conditions and restrictions as the Council thinks fit; and\n\n(c) may be revoked by the Council at any time orally or in writing.\n\n(3) A person who enters or remains on community land contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term, condition or restriction commits an offence.\n\n(4) In this by‑law community land does not include the administrative area and nothing in this by‑law prevents a person who has a *bona fide* reason for being on the administrative area, and is authorised by the Administrator to be there, from entering or being on another part of community land for the purpose of passing to or from the administrative area.\n\n##### 4. Restriction of entry to areas\n\n(1) The Council may cause signs to be placed on community land for the purpose of prohibiting entry to the part of community land on which the sign is placed or to the part of community land indicated by the inscription on the sign.\n\n(2) Except as provided to the contrary in any Act or regulations an inscription on a sign erected under sub‑bylaw (1) operates and has effect according to its tenor and any person who does not obey a direction in the inscription commits an offence.\n\n##### 5. Homes\n\nA 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##### 6. Traffic signs\n\n(1) The Council may cause signs called “traffic signs” to be placed on community land for the purpose of prohibiting, regulating or guiding vehicle traffic.\n\n(2) The inscription on a traffic sign operates and has effect according to its tenor and, subject to sub‑bylaw (3), any person who does not obey a direction in the inscription on a traffic sign commits an offence.\n\n##### 7. Careless and dangerous driving\n\n(1) No person shall 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(2) No person shall drive a vehicle on community land without due care and attention.\n\n## Part 4 — The regulation of other matters\n\n##### 8. Wilful damage\n\nNo person shall wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 9. Litter\n\n(1) No person shall leave any rubbish or litter in a home, or in an enclosure around a home, without the permission of an occupier of that home.\n\n(2) In places or areas other than those mentioned in sub‑bylaw (1) no person shall leave any rubbish or litter except in a rubbish bin or area set aside by the council for leaving rubbish and litter.\n\n##### 10. Offensive behaviour\n\nNo person shall cause a disturbance or annoyance to other persons by using abusive language, fighting, or otherwise behaving in an offensive or disorderly manner.\n\n##### 11. Disruption of meetings\n\nNo person shall interrupt any meeting of the Council or the community, or any customary meeting, by noise or any other offensive or disorderly behaviour.\n\n##### 12. Alcohol\n\n(1) No person shall bring alcohol onto community land, or possess, use or supply alcohol on community land, without prior permission given under this by‑law.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given by the Council in relation to community land other than the administrative area and by the Administrator in relation to the administrative area;\n\n(b) may be given or refused orally or in writing;\n\n(c) may be given subject to such terms, conditions and restrictions as the giver thinks fit;\n\n(d) may be revoked by the giver at any time orally or in writing.\n\n(3) In determining whether or not to give the permission mentioned in sub‑bylaw (1), the welfare of the community shall be the paramount consideration.\n\n(4) A person who brings alcohol onto community land, or possesses, uses or supplies alcohol on community land, contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term, condition or restriction commits an offence.\n\n(5) A person who has the permission of the Administrator to bring alcohol onto the administrative area shall be deemed to have permission under this by‑law to bring that alcohol onto another part of community land for the purpose of taking it to the administrative area.\n\n##### 13. Fires\n\n(1) A person shall not without the permission of the Council kindle, light, make or use a fire other than in a place set aside by the Council for that purpose.\n\n(2) Sub‑bylaw (1) does not apply to a fire for cooking or heating purposes in a fire place in a home or used in conjunction with a home.\n\n(3) Nothing in this by‑law authorises a person to light a fire in an open fireplace in contravention of the *Bush Fires Act 1954*.\n\n## Part 5 — Enforcement and proceedings\n\n##### 14. 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.\n\n(2) A person shall not be removed from community land under sub‑bylaw (1) for a period longer than 24 hours and shall, in any event, be returned to community land if a Court is convened to deal with him according to law.\n\n(3) A member of the police force may request the name and address of any person who he believes on reasonable grounds —\n\n(a) to be on community land in breach of by‑law 3; or\n\n(b) to have, while on community land, committed a breach of any by‑law.\n\n(4) A member of the police force may take proceedings for any breach of a by‑law.\n\n##### 15. Offences\n\nA person who breaks or fails to comply with by‑law 5, 7, 8, 9, 10, 11 or 13 commits an offence.\n\n##### 16. Penalties\n\n(1) A person who is convicted of an offence against a by‑law is liable to a fine of not more than $100.\n\n(2) In addition to any fine imposed under sub‑bylaw (1), the Court may order any person convicted of an offence against a by‑law 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 16 amended: Gazette 14 May 2004 p. 1457.]\n\n##### 17. Defence of acting under custom\n\nIt is a defence to a complaint of an offence against a by‑law to show that the defendant was acting under, and excused by, any custom of the community.\n\nNotes\n\n1 This reprint is a compilation as at 29 October 2004 of the *The Balgo Hills Aboriginal Community Incorporated By-laws 1982* 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| *The Balgo Hills Aboriginal Community Incorporated By‑laws 1982* | 15 Oct 1982 p. 4062‑4 | 15 Oct 1982 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 17 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: *The Balgo Hills Aboriginal Community Incorporated By‑laws 1982* as at 29 Oct 2004** (includes amendments listed above) | | |\n\n\n2 Department of Lands and Survey plans are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).\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\nby‑law 2\n\ncommunity land 2, 3(4)\n\nmember of the community 2\n\nsub‑bylaw 2\n\nthe Act 2\n\nthe administrative area 2\n\nthe Administrator 2\n\nthe community 2\n\nthe Council 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. The page has been removed from the Western Australian legislation website and no alternative source was provided."},"complexity_factors":["The actual legislative text is inaccessible — only an error page was provided, preventing substantive analysis","Community by-laws of this type are generally straightforward in structure, keeping base complexity low","The 1982 date suggests the instrument may reference superseded legislation or frameworks","Indigenous community incorporation law can involve intersecting federal and state frameworks, adding some latent complexity"],"plain_english_summary":"The Balgo Hills Aboriginal Community Incorporated By‑laws 1982 are a local Western Australian instrument that formally governed the incorporated Balgo (Wirrimanu) community’s internal rules and governance. It affects community members, leaders, and anyone interacting with the incorporated body.\n\nSuch by‑laws typically set membership, meeting and conduct arrangements, so they matter for local decision‑making — but the actual text is unavailable, preventing any detailed legal 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 2004 compilation note records an amendment to by‑law 16 (penalty provisions) via the Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004. That amendment adjusted sentencing/penalty mechanics but did not broaden the subject‑matter or add new regulatory areas. The instrument remains focused on controlling entry, conduct, alcohol, fires and traffic on community land; its core scope is unchanged."},"complexity_factors":["Short instrument (17 by‑laws / clauses) with limited Parts (5 Parts)","About 9 defined terms in the interpretation section (by‑law 2)","Multiple broad discretions (Council/Administrator may grant or revoke permissions orally or in writing — by‑laws 3(2), 12(2))","Several cross‑references to external Acts (Aboriginal Communities Act 1979; Bush Fires Act 1954) that require checking outside this instrument (by‑laws 1, 2, 13(3))","Mixed enforcement mechanisms: criminal fines, compensation orders, short‑term police removal and identity requests (by‑laws 14–16)","Some conditional rules and exceptions (administrative area exception in 3(4); cooking/fireplace exception in 13(2))","One culturally specific evidential defence (custom — by‑law 17) that introduces non‑statutory fact‑finding into prosecutions"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Establishes local by‑laws for the Balgo Hills Aboriginal Community concerning access to community land, traffic, behaviour, alcohol, fires, damage, litter and meetings. (See Parts 2–4.)\n- Gives the community Council and the Administrator powers to control who may enter and remain on community land (by‑law 3), to place prohibitory and traffic signs (by‑laws 4 and 6), and to permit or forbid alcohol (by‑law 12) and fires (by‑law 13). Permissions can be given orally or in writing and can be revoked the same way. (See by‑laws 3(2), 12(2).)\n- Creates specific offences (by‑law 15 lists which by‑laws carry an offence; see also by‑laws 3(3), 4(2), 6(2), 12(4) for other offences) and sets maximum penalties: a fine up to $100 and possible compensation up to $250 where property damage occurred (by‑law 16).\n- Authorises police powers to remove people from community land (for up to 24 hours) where an offence has been committed or appears likely to cause injury or damage, to ask for name and address in certain circumstances, and to bring proceedings for breaches (by‑law 14).\n- Preserves a defence if the defendant was acting under, and excused by, any custom of the community (by‑law 17).\n\nWho this affects\n\n- Community members: the by‑laws regulate behaviour inside the community (homes, meetings, fires, litter, offensive behaviour). Council and Administrator retain decision‑making authority on many matters and exceptions.\n- Non‑members/visitors: must obtain prior permission from the Council or Administrator to enter or remain on community land (by‑law 3). Visitors who ignore signs or directions, traffic controls, alcohol controls or other prohibitions may commit offences.\n- Police: have statutory powers to remove persons, request identity details and prosecute breaches (by‑law 14).\n- Service providers, contractors, suppliers (including those supplying alcohol): must secure permission and comply with any conditions the Council or Administrator attaches; failure can be an offence.\n\nWhy it matters (stated purpose and practical implications)\n\n- The by‑laws give the community institutional control (Council/Administrator) over access, safety and behaviour on community land (by‑laws 3, 6, 12). The instrument’s stated or implicit purpose is to regulate local order, safety and welfare by setting rules and enforcement mechanisms.\n\nTesting that stated purpose against practical effects, trade‑offs and incentives\n\n- Who decides and how: the Council (for most community land) and the Administrator (for the administrative area) make discretionary decisions about entry, alcohol and fires. Permissions may be oral, which makes administrative record‑keeping and review harder (by‑laws 3(2)(a),(c), 12(2)(b),(d)). This concentrates decision power locally and reduces formal procedural requirements.\n- Compliance costs and behaviour changes: visitors and businesses must seek permission, accept conditions, or risk small monetary penalties and possible removal. That can deter casual visitors and may raise transaction costs for contractors or suppliers needing recurrent access.\n- Enforcement incentives and costs: police removal powers are time‑limited (24 hours) and include a requirement to return a person if a court will deal with them (by‑law 14(2)). The financial penalties are modest (maximum $100 and up to $250 compensation, by‑law 16), which may limit the deterrent effect and shift emphasis to administrative exclusion and informal sanctions.\n- Discretion and implementation risk: wide discretion (oral permissions, revocation at any time, and broad wording such as making prohibitory signs effective “according to their tenor”) increases the risk of inconsistent application and places reliance on local governance practices (by‑laws 3(2), 4(2), 6(2)).\n- Interaction with other laws: some controls are expressly subject to other Acts (e.g. the Bush Fires Act 1954 for open fireplaces, by‑law 13(3)), so enforcement and obligations may duplicate or interact with state law and require coordination.\n- Rights and defences: the by‑laws explicitly allow a defence if conduct is excused by community custom (by‑law 17), which adds a cultural and evidentiary dimension to prosecutions and could narrow enforcement in practice.\n\nConcrete behavioural effects (who pays, who decides)\n\n- The Council/Administrator decide who may enter, possess alcohol, light fires and use traffic routes (by‑laws 3, 12, 13, 6). They also decide the terms of permissions and revoke them.\n- Visitors, contractors and suppliers bear the compliance cost of obtaining permissions and complying with conditions or signs. Police and courts bear the enforcement cost; community may seek compensation for damage (by‑law 16).\n\nImplementation and compliance considerations\n\n- Oral permissions legally suffice, increasing speed and flexibility but reducing formal records and increasing disputes about whether permission was given or revoked (by‑laws 3(2)(a), 12(2)(b)).\n- Low maximum fines reduce fiscal penalties; exclusion and removal powers (short term) are the main immediate enforcement tools (by‑law 14).\n- The custom defence requires courts or decision‑makers to assess local customary rules, which can complicate prosecutions and requires evidentiary attention (by‑law 17).\n\nKey sections to check for particular concerns\n\n- By‑law 3 (entry and permission regime), 12 (alcohol control and the community‑welfare test in 12(3)), 14 (police powers and 24‑hour removal limit), 16 (penalties and compensation) and 17 (custom defence).\n\nOverall summary sentence\n\nThese by‑laws create a local, Council‑run regime that controls access, alcohol, fires, traffic and conduct on Balgo Hills community land through discretionary permissions, signage and modest penal sanctions, enforced by police removal powers and the courts, while recognising a defence based on community custom."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing basic regulatory powers for the Balgo Hills Aboriginal Community to manage land access, traffic, public order, and alcohol. The only amendment noted (2004) updated penalty provisions to align with sentencing legislation changes, but did not expand the substantive scope beyond the original community governance intent."},"complexity_factors":["Only 8 defined terms in the interpretation section (by-law 2)","Straightforward structure with 5 parts covering distinct topics (land, traffic, general regulation, enforcement)","Minimal cross-referencing—mostly internal references to 'the Act' (Aboriginal Communities Act 1979)","Simple conditional logic with clear exceptions (e.g., by-law 3(4) excludes administrative area; by-law 13(2) exempts home cooking fires)","No nested exceptions or highly technical provisions","Short document—approximately 9 pages of substantive content","Clear offence and penalty structure in dedicated Part 5"],"plain_english_summary":"This is a set of local rules (called 'by-laws') made in 1982 for the Balgo Hills Aboriginal Community in Western Australia. They operate under the Aboriginal Communities Act 1979.\n\n**What these rules do:**\nThey set out basic laws for living on community land, covering:\n\n*   **Access control:** Non-members need permission from the Community Council to enter or stay on community land. The Council can also put up signs restricting entry to certain areas.\n*   **Traffic rules:** The Council can put up traffic signs, and drivers must not drive carelessly or dangerously.\n*   **Behavioural rules:** Prohibitions on wilful damage, littering, offensive behaviour, disrupting meetings, and restrictions on bringing alcohol onto community land without permission.\n*   **Fire safety:** Rules about lighting fires, with exceptions for cooking/heating at home.\n*   **Police powers:** Police can remove people from community land for up to 24 hours if they're committing offences and likely to cause injury or damage. They can also ask for names and addresses and take people to court.\n\n**Who it affects:**\nAnyone on the Balgo Hills Aboriginal Community land—both community members and visitors. The 'administrative area' (a specific part of the community) has slightly different rules, particularly regarding alcohol permissions.\n\n**Why it matters:**\nThese by-laws give the community legal tools to control who enters their land, maintain order, protect property, and manage alcohol use. Importantly, **by-law 17** provides a unique defence: it's a valid legal defence if someone was acting according to community custom. This recognises that traditional Aboriginal law and customs may justify actions that would otherwise be offences under these by-laws.\n\n**Key features:**\n*   **Community control:** The Council has significant power to grant or refuse permission for entry and alcohol use.\n*   **Customary law defence:** People can defend themselves in court by proving they were following traditional community customs.\n*   **Limited penalties:** Maximum fine is $100 (though this may be outdated due to inflation), plus possible compensation orders up to $250."}},"importantCases":[],"_links":{"self":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982","history":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982/history","analysis":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982/analysis","conflicts":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982/conflicts","importantCases":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982/important-cases","documents":"/api/acts/the-balgo-hills-aboriginal-community-incorporated-by-laws-1982/documents"}}