Wongatha Wonganarra Aboriginal Community By-laws 2003

The by‑laws organise community governance and private behaviour around a small set of core concepts, each supported by a short legal rule.

• Community membership and control: membership is determined by the Committee under the Corporation’s rules (by‑law 1(4)). The Committee is the primary decision‑maker for permissions, access, behavioural regulation and marking of restricted areas (by‑laws 2, 3, 5).
• Welfare as the guiding principle: the Committee must consider the welfare of the Community as the most important consideration when making decisions under the by‑laws (by‑law 2(1)). The text frames decisions within a welfare priority, rather than enumerating separate balancing tests.
• Permission and delegation: many permissions are discretionary, may attach conditions, and may be delegated in writing to other persons (by‑laws 3(1), 3(3)). A person who obtains permission may be required to comply with conditions, and non‑compliance is itself an offence (by‑law 13(1), second limb).
• Differentiated access: the rules distinguish members and non‑members, and allow the Committee to set temporal limits on non‑members’ stays when permission has been provided by a member (non‑member permission via member limited to 7 days, by‑law 4(3); non‑members generally need permission under by‑law 4(2)).
• Spatial control: the Committee can declare places or vehicle access out of bounds, must signpost those places and display a map in a public place on the lands, and persons must obey the signage (by‑laws 5(1)-(5)).
• Conduct and safety rules: a suite of conduct rules covers driving safety and intoxication while driving (by‑law 6(1)-(4)), a prohibition on damaging property or plants (by‑law 7(1)-(3)), regulated rubbish disposal (by‑law 8), prohibitions on disruptive or threatening behaviour and requirements to leave on request (by‑law 9), and rules on entry to others’ houses (by‑law 10).
• Alcohol, harmful substances and illegal drugs: the by‑laws ban bringing, giving, possessing or drinking alcohol without the Committee’s permission, and ban illegal drugs and harmful substances, subject to an express medical exception for prescribed medicines used as intended and drugs prescribed by a doctor or nurse (by‑law 11(1)-(5)).
• Enforcement and remedies: police powers to request name and address and to arrest and remove persons are expressly authorised for suspected breaches (by‑law 12(1)-(3)), and legal consequences include fines up to $5,000 and possible compensation up to $250 where property was damaged (by‑law 13(4)-(5)). A statutory defence exists where a member’s conduct was a community custom (by‑law 13(3)).

Each concept is short and territorial, designed to operate within the community lands identified under the Aboriginal Communities Act 1979, and many decisions are vested in the Committee with explicit delegation and signage requirements.

The by‑laws specify in simple terms who falls within their reach, and they impose duties and potential penalties on a wide, but territorially bounded, class of people.

• Everyone on community lands: by‑law 1(3) declares the by‑laws apply to any person while on Wongatha Wonganarra community lands, regardless of whether they are community members. That is the baseline: presence on the lands triggers the regime.
• Members: community members have permissive access rights. A member can be on the community lands at any time, subject to narrow exceptions, namely being ordered to leave by the Committee or removed by police for a by‑law breach (by‑law 4(1)). Members may also be the grantors of permission to others (by‑law 4(2)-(3)).
• Non‑members and visitors: non‑members must obtain permission from a member, the Committee, or be authorised by some other law to be on the lands (by‑law 4(2)). If the permission comes from a community member rather than the Committee, the stay is limited to no more than seven consecutive days (by‑law 4(3)). Non‑members therefore carry the compliance cost of securing permission and monitoring the stay limit.
• Committee and delegates: the Governing Committee is the principal decision‑maker for permissions, designations of restricted spaces, signage, and some enforcement steps, and it may appoint persons in writing to decide specific permission matters (by‑laws 2(1), 3(1), 5(4)). The Committee also decides membership under the Corporation’s rules (by‑law 1(4)).
• Police: members of the Police Force are given explicit powers under the by‑laws to ask for identifying details, to arrest and remove persons suspected of breaches, and to charge alleged offenders (by‑law 12(1)-(3), 13(2)). The by‑laws also prescribe a custody time limit and court processing requirement for arrested persons (by‑law 12(4)).
• Owners of property and the Corporation: the rules protect property interests on the land, by prohibiting damage to corporation property and other people’s property and by allowing courts to order compensation for damage (by‑laws 7, 13(5)). The Corporation is therefore a potential compensation claimant where property is damaged.
• Courts: the by‑laws place adjudicative roles on courts, for determining guilt, imposing fines up to $5,000, awarding compensation up to $250 for property damage, and assessing claims based on the customary defence (by‑law 13(3)-(5)).

In practical terms, the instrument places the highest compliance obligations on visitors and non‑members who must secure permissions and follow signage. Members enjoy broader access but may be required to leave on Committee request or by police for breaches. The Committee decides membership and permissions, and police carry front‑line enforcement powers with an obligation to bring arrested persons before a court promptly, subject to the 24 hour custody limit (by‑law 12(4)).

The by‑laws create a compact of duties, conditional permissions and remedial rights. Key duties and rights are set out below and cited to the relevant by‑laws.

Duties placed on all persons while on community lands

• Obey the by‑laws: non‑compliance with any by‑law or with conditions attached to permission is an offence (by‑law 13(1)).
• Respect signage and maps: where the Committee designates out‑of‑bounds areas or vehicle restrictions, persons must obey signs and may only enter with permission (by‑laws 5(3)-(5)).
• Drive safely and soberly: drivers must drive carefully, avoid causing danger, must not drive while drunk or under the influence of drugs or harmful substances, and must obey Committee traffic signs (by‑law 6(1)-(4)).
• Do not damage property or plants: damage to corporation or other people’s property, buildings, vehicles or planted vegetation is prohibited (by‑law 7(1)-(3)).
• Dispose of rubbish only in Committee waste facilities: rubbish must be placed only in Committee bins or a Committee tip, and vehicles must not be abandoned except in a Committee tip (by‑law 8).
• Avoid disruptive or threatening conduct: prohibitions include abusive language, fighting, carrying weapons, being rowdy, driving irresponsibly, impeding Committee members in their duties, or disrupting meetings (by‑law 9(2)-(4)).
• Respect private houses: do not enter another person’s house without permission and leave when asked (by‑law 10).
• Alcohol and drugs: do not bring, give, possess or drink alcohol without Committee permission; do not bring, give, possess or use illegal drugs or inhale harmful substances; prescribed medicines taken as intended and drugs prescribed by a doctor or nurse are expressly permitted (by‑law 11(1)-(5)).

Committee powers and procedural points

• Welfare standard: when making decisions under the by‑laws, the Committee must consider community welfare as most important (by‑law 2(1)). This is the decision‑making criterion the by‑laws state the Committee will apply.
• No obligation to give reasons: the Committee is not required to provide reasons for its decisions, though it may communicate decisions by speech, writing or public notice (by‑laws 2(2)-(3)).
• Permission scope and conditions: the Committee may grant, condition, change or revoke permissions and may stipulate classes of persons to which permissions apply (by‑law 3(3)-(4)). Delegation of permission powers must be in writing (by‑law 3(1)).

Police powers and accused rights

• Police may request name and address and may arrest and remove persons suspected of breaches (by‑law 12(1)-(3)). If arrested, a person must be released after being dealt with by a court for the breach and, in any event, not kept in custody for longer than 24 hours (by‑law 12(4)).
• Courts can impose fines up to $5,000 and order up to $250 compensation where damage to property occurred, and must consider the customary defence where a community member shows the act was a community custom (by‑law 13(3)-(5)).

Rights available to persons

• Membership rights: members may be on the lands at any time except where ordered to leave by the Committee or removed by police (by‑law 4(1)). Membership is a right recognised by the instrument, though its determination is by the Committee (by‑law 1(4)).
• Customary defence: a person who is a member and who shows the conduct was a community custom will be not guilty of an offence under these by‑laws (by‑law 13(3)).
• Procedural communication: the Committee may notify decisions orally or by public notice, providing a practical path to being informed of rules and restrictions (by‑law 2(3)).

Together, these duties and rights create an access and conduct regime balancing local governance prerogatives and statutory enforcement, with members enjoying broader access and a specific customary defence, non‑members facing permissions and temporal limits, and police and courts carrying enforcement and sanctioning roles.

The by‑laws create a two‑part enforcement architecture, mixing community governance with criminal enforcement elements, and specify monetary sanctions.

Enforcement powers

• Committee enforcement: the Committee has authority to ask a person to leave the community lands if drunk, and to exclude persons from meetings or require them to leave those meetings (by‑laws 9(1), 9(4)-(5)). The Committee may also designate out‑of‑bounds areas and enforce access restrictions by signage and public maps (by‑law 5).
• Delegation and communication: the Committee may permit its members or other persons to make permission decisions in writing, enabling on‑the‑ground enforcement decisions to be made by designated agents (by‑laws 3(1), 3(3)).
• Police enforcement: where a police officer believes a person is breaching or has breached a by‑law, the officer may request the person’s name and address, and may arrest and remove the person from the lands (by‑law 12(1)-(3)). Police may also charge a person with an offence under the by‑laws (by‑law 13(2)).

Sanctions and limits

• Criminal or regulatory penalties: a court that finds a person guilty of a by‑law offence may impose a fine of not more than $5,000 (by‑law 13(4)). The by‑laws do not provide for imprisonment as a by‑law sanction within the text; the penalty provided is a monetary fine.
• Compensation for property damage: if a convicted person damaged property of another person or the Corporation, the court may order payment of compensation of not more than $250 to the other person or the Corporation (by‑law 13(5)). The compensation cap is substantially lower than the fine cap.
• Arrest custody limit: an arrested person must be released after being dealt with by a court for the breach and in any event must not be kept in custody for more than 24 hours (by‑law 12(4)). The by‑laws therefore set a custody time ceiling and require court processing.

Operational enforcement implications

• Charging requires police belief of a breach, and the police are empowered to effect immediate removal via arrest (by‑law 12(3)). The by‑laws contemplate both on‑the‑spot removal and subsequent court action, with the 24 hour custody limit as an explicit procedural constraint (by‑law 12(4)).
• Non‑compliance with conditions attached to permission is itself an offence (by‑law 13(1), second limb). This means conditional permissions create an independent basis for enforcement beyond the act that prompted permission.
• The customary defence is available only to persons who are members and who can show the conduct was a custom of the community, which a court will determine when dealing with the breach (by‑law 13(3)). This introduces a fact‑specific limitation on the reach of criminalisation.

Who bears enforcement costs

• Persons found guilty bear the monetary sanction up to the fine and any ordered compensation (by‑law 13(4)-(5)). The state bears policing, charging and court processing costs in the ordinary way, though those costs are not allocated within the by‑laws. The Corporation may incur costs to erect signage and maintain maps required for out‑of‑bounds designations (by‑law 5(4)) and to operate Committee waste facilities and tips (by‑law 8).

In sum, enforcement mixes community administrative exclusion and physical removal with statutory police powers and monetary court sanctions, with explicit limits on custody time and a discrete customary defence for members.

The by‑laws explicitly situate themselves within a broader statutory context and reference external law in a limited number of ways.

• Authority under the Aboriginal Communities Act 1979: clause 1(2) and clause 1(5) make clear that the by‑laws were made by the Governing Committee and approved by the Governor, with applicability to lands the Governor has identified under the Aboriginal Communities Act 1979 (by‑laws 1(2), 1(5)). The instrument therefore operates as a Governor‑approved by‑law under that Act, and its territorial scope is the lands so declared.
• Interaction with Western Australian offences law for illegal drugs: the definition of "illegal drug" in by‑law 11(3) refers to "any drug that it is illegal to possess under the laws of Western Australia" (by‑law 11(3)). That cross‑reference imports relevant Western Australian criminal law on drug possession into the by‑laws’ prohibition against illegal drugs on the community lands.
• Police powers and court processing: police powers under by‑law 12 operate alongside general police powers derived from other statutes and common law, although the by‑laws themselves provide a specific, localised power to request name and address, and to arrest and remove persons for by‑law breaches (by‑law 12(1)-(3)). The custody time limit and requirement for court dealing (by‑law 12(4)) frame how these powers must be exercised in the by‑law context.
• Rights and defences for customary practice: by‑law 13(3) provides that a person is not guilty of an offence if they can show the conduct was a custom of the community and the person is a member. This creates a statutory defence tied to community custom that will operate within the ordinary criminal law process when a police charge is brought and considered by a court (by‑law 13(3)). The text, however, does not define "custom" or prescribe evidentiary rules for establishing it.
• Relationship to property and civil remedies: the compensation provision in by‑law 13(5) contemplates a court ordering compensation to the Corporation or another person for property damage in the by‑law conviction context. That interacts with civil law remedies for property damage outside the by‑laws, because the instrument creates a narrow criminally based compensation power up to the capped amount, but it does not purport to extinguish other civil remedies available under other laws.
• Municipal and state laws not displaced unless stated: the by‑laws require permission or act to regulate conduct on the particular lands, but by‑law 4(2) recognises that another law may allow a person to be on the community lands without Committee permission, signalling that statutory authorisations from other legislation can coexist with the by‑laws (by‑law 4(2)).

The by‑laws therefore operate as a local regulatory overlay anchored in the Aboriginal Communities Act 1979, referencing Western Australian drug possession laws for definition, and interfacing with police powers and court processes for enforcement. They also allow for other statutes to authorise presence on the lands without Committee permission, creating potential coexistence with other legal regimes.

The text provided contains compilation information limited to the original instrument’s gazettal and commencement details. It identifies the by‑laws as the Wongatha Wonganarra Aboriginal Community By‑laws 2003, gazetted on 8 July 2003, with the same date recorded for commencement (Compilation table, Gazettal 8 Jul 2003 p. 2725‑9, Commencement 8 Jul 2003). No subsequent amendment entries, revision notes or repeal records appear in the provided compilation table.

Mechanically, that means the version supplied is the primary 2003 instrument. The by‑laws themselves do not include internal amendment powers other than the Committee’s authority to change or revoke permissions once granted (by‑law 3(3)), which is an operational power to vary permissions rather than to amend the by‑laws as legislative instruments.

Absent further amendment records in the provided material, readers must regard the text given as the operative 2003 instrument. If an authoritative amendment history is required beyond the supplied compilation table, that history is not present in the source and would need to be checked against official government or legislative compilations for any subsequent variations, revocations or judicial modification. The by‑laws, as supplied, contain no express savings, transitional or sunset provisions.

The by‑laws text supplied does not contain any recorded litigation history, case citations, judicial determinations, or references to disputes or appellate decisions. The instrument sets out its own enforcement and adjudication routes, directing that alleged breaches may be charged by police and dealt with in court (by‑laws 12(3), 13(2)-(5)), and it provides a statutory defence where a community member shows the conduct was a community custom (by‑law 13(3)). However, there are no listed cases, court decisions or judicial interpretations contained within the by‑laws themselves.

Where litigation might arise, the by‑laws show the ordinary forum would be a criminal or regulatory court hearing a charge laid by police under by‑law 13(2). Possible litigation themes suggested by the text include:

• Challenges to Committee decisions, which the by‑laws state need not be accompanied by reasons (by‑law 2(2)); question‑raising litigation could concern whether procedural or other external law limits that discretion, but no such authority or case law is present in the document.
• Disputes over membership determination or the exercise of permission powers, because membership is defined by the Committee under the Corporation’s rules and the Committee may delegate permission decision‑making in writing (by‑laws 1(4), 3(1)).
• Defences asserting that conduct constituted a community custom, because by‑law 13(3) provides a not guilty result if a member shows the act was a custom; the by‑laws do not provide a test or evidentiary rules for custom, so litigation might focus on how courts will treat such a defence, but the by‑laws offer no precedent or procedural guidance.
• Challenges to police exercise of arrest powers under by‑law 12(3) and the interplay of the custody time limit in by‑law 12(4) with general police powers, though again no judicial interpretations are supplied in the text.

The instrument itself does not record outcomes of any disputes, nor does it cite cases. For authoritative litigation history, one would need to consult court records or consolidated legislative databases outside this included text.

The by‑laws are concise and localised, but they contain a number of provisions and drafting features that can produce practical pitfalls for users, authorities and advisers. The following items are concrete points to watch, grounded in the text.

• Committee need not provide reasons: by‑law 2(2) expressly states the Committee does not have to give reasons for its decisions. That produces potential uncertainty for those affected, because the by‑laws do not require written explanation, while still allowing the Committee to communicate decisions orally or by notice (by‑law 2(3)). Parties relying on permissions or contesting exclusions may lack a recorded rationale.
• Delegation must be in writing: the Committee may permit a member or other person to make permission decisions on its behalf only if done in writing (by‑law 3(1)). If written delegation is not present, decisions made by purported delegates may be vulnerable to challenge on an internal governance basis.
• Conditional permissions can be varied or revoked at will: the Committee may impose conditions, change them, or revoke permission at any time (by‑law 3(3)). Non‑compliance with those conditions is itself an offence (by‑law 13(1)). That creates an enforcement trap for permit holders who are unaware or who misunderstand changing conditions.
• Short stay cap where permission given by a member: if a non‑member obtains permission to be on the lands from a community member (as opposed to the Committee), they must not stay longer than seven consecutive days (by‑law 4(3)). The by‑laws do not prescribe mechanisms for extending stays granted by members, so visitors risk breaching the seven‑day limit.
• Signage and map obligations: the Committee must mark out‑of‑bounds places with signs and display a map in a public place on the lands (by‑law 5(4)). Enforcement of out‑of‑bounds rules depends on adequate signage and map availability, and the by‑laws do not specify the form, frequency or standard for such signs or maps.
• Low compensation cap versus higher fine cap: while courts may fine up to $5,000 for by‑law offences (by‑law 13(4)), the compensation cap for property damage is only $250 (by‑law 13(5)). That mismatch may surprise property owners whose losses exceed the capped compensation available under conviction orders.
• Police arrest and release language: by‑law 12(4) requires release after being dealt with by a court and in any event not kept in custody for more than 24 hours. The phrasing could create operational pressure to arrange court appearances quickly, but the by‑laws do not set out how bail or remand procedures work in practice.
• Customary defence limited to members and not defined: the not guilty outcome for conduct shown to be a community custom applies only where the defendant is a member (by‑law 13(3)). The by‑laws do not define "custom", nor do they set evidentiary rules, leaving factual questions for courts and creating uncertainty for non‑members who cannot assert the defence.
• Committee controls membership: the Committee determines who is a member under the Corporation’s rules (by‑law 1(4)). That concentrates determinations about who has broad access and the customary defence within the Committee’s internal processes, which are not described in the by‑laws themselves.
• Oral communication permitted: the Committee may give notice of decisions orally (by‑law 2(3)). Oral notification may be difficult to verify if disputes arise about what was said and when.

Each of these features is explicit in the by‑laws and may produce operational or legal risk if not addressed via good record keeping, clear delegation instruments, consistent signage, and prompt liaison with police and courts where enforcement action occurs.

Compliance under the by‑laws requires both day‑to‑day behavioural choices and some procedural documentation. The list below is a practical, source‑grounded checklist of steps a person or organisation should take to reduce risk of breaching the by‑laws and to preserve defences where applicable.

For visitors and non‑members

• Secure permission before arriving, unless another law authorises presence: obtain permission from the Committee or a community member as required by by‑law 4(2). If a community member grants permission, note the seven‑day maximum stay that applies to that permission (by‑law 4(3)).
• Record permissions and conditions: where permission is granted, particularly by the Committee or by a person authorised in writing by the Committee, obtain a written record of the permission and any conditions. The Committee must make delegations in writing to others for permission decisions, so a written authorisation will help confirm the delegate’s authority (by‑law 3(1)).
• Comply with signage and maps: before entering any area, check for signs and the public map required by the Committee for out‑of‑bounds designations, and obey posted vehicle restrictions and speed or route controls (by‑laws 5(4)-(5), 6(3)-(4)).
• Avoid prohibited items and behaviour: do not bring alcohol, harmful substances or illegal drugs onto the lands without Committee permission, do not drink alcohol on the lands without permission, and do not use illegal drugs or inhale harmful substances; permitted medicines used correctly and prescribed drugs are allowed (by‑law 11(1)-(5)). Do not damage property or plants, and dispose of rubbish only in Committee bins or tips (by‑laws 7, 8).
• Respect private houses and meetings: obtain permission before entering private houses and leave when asked, and do not disrupt Committee or customary meetings (by‑laws 10, 9(4)-(5)).

For members and those operating on behalf of the Committee

• Keep written records of membership decisions and delegations: membership is determined by the Committee under the Corporation’s rules (by‑law 1(4)), and delegations to permit decision‑makers must be in writing (by‑law 3(1)). Maintain accessible written records of membership determinations and delegation instruments to support governance and defence of decisions.
• Manage permissions actively: if granting permission, be explicit about conditions and the Committee’s right to change or revoke conditions, and provide the permission in writing where practical to avoid later disputes (by‑law 3(3)-(4)).
• Ensure clear and durable signage and mapping: if designating out‑of‑bounds areas or vehicle restrictions, mark those places conspicuously and maintain a public map on the lands as required (by‑law 5(4)). That will support enforceability and reduce inadvertent breaches by visitors.
• Operate waste facilities in accordance with by‑law 8: maintain rubbish bins and a tip where required, and implement processes to prevent unlawful abandonment of vehicles outside the designated tip area (by‑law 8).

If approached by police or charged

• Provide name and address when lawfully requested by police: a police officer who believes a breach has occurred can ask a person for name and address and the person must provide it (by‑law 12(1)-(2)). Non‑compliance with that request is an offence under the by‑laws framework.
• Follow court directions and preserve evidence of customs: if charged, persons who are community members and who intend to rely on a customary defence should gather contemporaneous evidence and witnesses of customary practice, since the by‑laws provide a not guilty result if the court accepts the conduct was a community custom (by‑law 13(3)). The by‑laws do not define "custom", so documentary or witness evidence will be important in court.

Practical operational measures

• Maintain a booklet or accessible notice board with current by‑laws, signage locations and the public map: given the Committee may communicate decisions orally, maintaining written notices and a public map will help visitors and reduce disputes about notice (by‑law 2(3), 5(4)).
• Keep logs of permissions and any changes: because permissions can be altered and non‑compliance with conditions is an independent offence (by‑laws 3(3), 13(1)), recording the original permission, conditions and any variations will assist in demonstrating compliance or contesting charges.
• Train staff and contractors: if third parties provide services on the lands, ensure they understand the prohibition on damaging property, the rubbish rules, the alcohol and drug rules, and the driving rules, and require them to carry copies of permissions and to obey signage (by‑laws 6-8, 11).

Following these steps, aligned with the by‑laws’ text, reduces the likelihood of breach and improves the capacity to litigate or contest enforcement actions where necessary. The by‑laws place a premium on written delegation and permission, clear signage and prompt cooperation with police and courts when enforcement arises.