RHONDA HAZEL CONNOLLY v. E I DICKSON [1992] NSWLEC 53 (17 July 1992) [1992] NSWLEC 2

RHONDA HAZEL CONNOLLY v. E I DICKSON [1992] NSWLEC 53 (17 July 1992) [1992] NSWLEC 2

Burnum Burnum was not qualified to stand for election because his enrolment as a member of the Local Aboriginal Land Council was not validly effected under the Act; the regulatory provisions that purported to allow his enrolment without formal acceptance at a council meeting (cls 22(4) and (5)) were ultra vires and invalid, rendering the election void.

Jurisdiction
Australia
Judgment Date
17 July 1992
Procedural Posture
Application / Judgment
Outcome
application granted, cross-application dismissed
Legal Topics
['aboriginal Land Rights Act 1983' 'regulation Making Powers' 'election Qualification' 'statutory Construction']
['electoral Law' 'administrative Law' 'aboriginal Law'] ['aboriginal Land Rights Act 1983' 'regulation Making Powers' 'election Qualification' 'statutory Construction']

Case Brief

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Procedural Posture

Application / Judgment

Legal Issues

  1. 1 ['Was Burnum Burnum qualified to stand for election as councillor of the New South Wales Aboriginal Land Council?' 'If not, is there a vacancy, and how is the vacancy to be filled?']

Ratio Decidendi

Burnum Burnum was not qualified to stand for election because his enrolment as a member of the Local Aboriginal Land Council was not validly effected under the Act; the regulatory provisions that purported to allow his enrolment without formal acceptance at a council meeting (cls 22(4) and (5)) were ultra vires and invalid, rendering the election void.

Court Disposition

application granted, cross-application dismissed

Orders

  • ['The first respondent and his servants and agents are restrained from declaring Burnum Burnum elected as a member of the New South Wales Aboriginal Land Council to represent the South Coast region.' 'The relevant respondent is restrained from acting or purporting to act as a councillor of the New South Wales...