Dodd v Gandangara Local Aboriginal Land Council & Ors [1999] NSWLEC 263

Dodd v Gandangara Local Aboriginal Land Council & Ors [1999] NSWLEC 263

The application failed because the applicant's name was not listed on the Gandangara Local Aboriginal Land Council roll when the rolls closed on 28 September 1999; he was therefore not a member of that Council under s 6(3) of the Aboriginal Land Rights Act 1983, was not listed on the amalgamated regional roll, and was ineligible to nominate as a candidate. The Court was not prepared to find that his removal from the roll was erroneous, and the challenge to the notice calling for nominations concerned a step in the election process that could not be determined before declaration of the poll except under s 27AC.

Jurisdiction
Australia
Judgment Date
07 December 1999
Procedural Posture
Amended Class 4 Application / Judgment on Application Before Election
Outcome
Application dismissed; question of costs reserved.
Legal Topics
['aboriginal Land Council Elections' 'eligibility of Candidate' 'local Aboriginal Land Council Membership Rolls' 'validity of Notice Calling for Nominations']
['aboriginal Land Rights' 'administrative Law' 'election Law'] ['aboriginal Land Council Elections' 'eligibility of Candidate' 'local Aboriginal Land Council Membership Rolls' 'validity of Notice Calling for Nominations']

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Procedural Posture

Amended Class 4 Application / Judgment on Application Before Election

Legal Issues

  1. 1 ['Whether the applicant was a member of Gandangara Local Aboriginal Land Council at the relevant dates and therefore eligible to stand for election as councillor for the Western Metropolitan Regional Aboriginal Land Council area on the New South Wales Aboriginal Land Council.' "Whether removal of the applicant's name from the Gandangara Local Aboriginal Land Council roll was contrary to the Aboriginal Land Rights Act 1983 or Aboriginal Land Rights Regulation 1996." 'Whether the notice calling for nominations given by the Returning Officer on 22 October 1999 was invalid because it was given before receipt of the certified rolls.' 'Whether the Court could determine the validity of a step in the election process before declaration of the poll.']

Ratio Decidendi

The application failed because the applicant's name was not listed on the Gandangara Local Aboriginal Land Council roll when the rolls closed on 28 September 1999; he was therefore not a member of that Council under s 6(3) of the Aboriginal Land Rights Act 1983, was not listed on the amalgamated regional roll, and was ineligible to nominate as a candidate. The Court was not prepared to find that his removal from the roll was erroneous, and the challenge to the notice calling for nominations concerned a step in the election process that could not be determined before declaration of the poll except under s 27AC.

Court Disposition

Application dismissed; question of costs reserved.

Orders

  • ['The application is dismissed.' 'I reserve the question of costs.' 'The exhibits may be returned.']