79Certain persons must not be employed

79 Certain persons must not be employed

79 Certain persons must not be employed

(1) A person who is convicted of an offence under Part 3 (except section 61), 4, 4AA, 4AB, 4AC, 4ACA, 4AD, 4AE, 4A, 4B, 5 or 5A of the Crimes Act 1900 must not be employed as a staff member of, or a consultant to, a Local Aboriginal Land Council for 5 years from the date of conviction.

(1A) The Registrar may determine that an offence committed by a person may be disregarded for the purposes of subsection (1) because of—

(a) the time that has passed since the offence was committed, or

(b) the triviality of the acts or omissions giving rise to the offence, or

(c) the nature and circumstances of the proposed employment.

(1B) A person must not be employed as a staff member of, or engaged as a consultant to, a Local Aboriginal Land Council if the person has been convicted of—

(a) an offence that involves sexual intercourse with a child or of attempting, or of conspiracy or incitement, to commit an offence of that kind, or

(b) an offence under section 66EB or 66EC of the Crimes Act 1900, or

(c) an offence under section 80D of the Crimes Act 1900 where the person against whom the offence is committed is a person under the age of 18 years.

(2) A person who is an officer of an Aboriginal Land Council must not be employed as a member of staff of a Local Aboriginal Land Council while the person is an officer of an Aboriginal Land Council.

(3) A person who is a consultant to a Local Aboriginal Land Council must not be employed as a member of staff of that Council while the person is such a consultant.

(4) A member of staff of the New South Wales Aboriginal Land Council must not be employed as a member of staff of a Local Aboriginal Land Council while the person is such a member of staff.

(5) Subsection (4) does not prevent a member of staff of the New South Wales Aboriginal Land Council from being seconded to the staff of a Local Aboriginal Land Council.

Ins 2001 No 118, Sch 1 [17]. Am 2013 No 66, Sch 1 [25] [26]; 2014 No 75, Sch 1 [27]–[29]; 2016 No 27, Sch 1.1 [3]; 2018 No 33, Sch 5.1.