Registrar, Aboriginal Land Rights Act 1983 v Boota [2020] NSWCATOD 69

Registrar, Aboriginal Land Rights Act 1983 v Boota [2020] NSWCATOD 69

The Tribunal was satisfied that Ms Boota's spending of a large amount of JNLALC money, knowing it was not hers and without inquiry, breached s 176(1)(a) of the Aboriginal Land Rights Act 1983 and clauses 1 and 5 of the code of conduct, and was misconduct under s 181A. However, the Tribunal was not satisfied that it could safely conclude that Ms Boota made the transfers between the JNLALC accounts and into her personal account. Because Ms Boota was no longer a Board member, the Tribunal held that the word "officer" in s 211A did not include a former officer and that it had no power to impose the requested disciplinary sanctions. It therefore took no action on the referral.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Referral of Alleged Misconduct by a Former Officer of a Local Aboriginal Land Council Under S 181 K(1)(c) of the Aboriginal Land Rights Act 1983 / Final Decision After Hearing
Outcome
No action taken in relation to the referral of Ms Boota's conduct by the Registrar.
Legal Topics
['local Aboriginal Land Council Board Member Misconduct' 'code of Conduct' 'statutory Interpretation' 'ncat Disciplinary Powers' 'former Officer']
['administrative Law' 'aboriginal Land Rights' 'disciplinary Proceedings'] ['local Aboriginal Land Council Board Member Misconduct' 'code of Conduct' 'statutory Interpretation' 'ncat Disciplinary Powers' 'former Officer']

Case Brief

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Procedural Posture

Referral of Alleged Misconduct by a Former Officer of a Local Aboriginal Land Council Under S 181 K(1)(c) of the Aboriginal Land Rights Act 1983 / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether Ms Janice Christine Boota's conduct amounted to misconduct under s 181A of the Aboriginal Land Rights Act 1983." 'Whether the Tribunal could be satisfied that Ms Boota transferred funds between JNLALC accounts and into her personal account.' 'Whether the Tribunal had power under s 211A of the Aboriginal Land Rights Act 1983 to impose disciplinary sanctions on a former Board member of a Local Aboriginal Land Council.' 'Whether a reprimand or pecuniary penalty should be imposed.']

Ratio Decidendi

The Tribunal was satisfied that Ms Boota's spending of a large amount of JNLALC money, knowing it was not hers and without inquiry, breached s 176(1)(a) of the Aboriginal Land Rights Act 1983 and clauses 1 and 5 of the code of conduct, and was misconduct under s 181A. However, the Tribunal was not satisfied that it could safely conclude that Ms Boota made the transfers between the JNLALC accounts and into her personal account. Because Ms Boota was no longer a Board member, the Tribunal held that the word "officer" in s 211A did not include a former officer and that it had no power to impose the requested disciplinary sanctions. It therefore took no action on the referral.

Court Disposition

No action taken in relation to the referral of Ms Boota's conduct by the Registrar.

Orders

  • ['The Tribunal determines to take no action in relation to the referral of the conduct of Ms Janice Christine Boota by the Registrar.']