NSWIn ForceAct
Aboriginal Land Rights Act 1983
189Formal censure for misconduct
Start here
Get a plain-English read of 189
Turn the raw legal text into a practical explanation grounded in Aboriginal Land Rights Act 1983.
#### 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\[4\]