Aboriginal Land Rights Act 1983
189Formal censure for misconduct
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189 Formal censure for misconduct
189 Formal censure for misconduct
(1) An Aboriginal Land Council or a Board of a Local Aboriginal Land Council may, by resolution at a meeting, formally censure an officer or member of staff of the Council for misconduct.
(2) A formal censure resolution may be passed only if the Council or Board is satisfied that the officer or member of staff has engaged in misconduct on one or more occasions.
(3) The procedure for consideration of a formal censure motion is as follows—
(a) notice of the motion must be included in the notice given for the next meeting of the Council,
(b) the notice of the motion must specify the grounds on which the Council or Board is satisfied that the officer or member of staff should be censured,
(c) the officer or member of staff to whom the motion relates must be—
(i) notified of the motion, and
(ii) allowed to—
(A) address the meeting, or
(B) give a written explanation that must be read to the meeting,
(d) voting on the question of the formal censure must be by secret ballot.
(4) The Council or Board is taken to have formally censured the officer or member of staff if at least a majority of the members of the Council or Board attending the meeting vote in favour of the formal censure of the officer or member of staff.
s 189: Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4]