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](/view/html/inforce/current/act-1900-040) 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](/view/html/inforce/current/act-1900-040), or > > > > > (c) an offence under section 80D of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) 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. > > **s 79:** 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.