Aboriginal Land Rights Act 1983

The New South Wales Aboriginal Land Council may make a performance improvement order in respect of a Local Aboriginal Land Council if the New South Wales Aboriginal Land Council reasonably considers that action must be taken to improve the performance of the Local Aboriginal Land Council.

In determining whether to make a performance improvement order, the New South Wales Aboriginal Land Council—

must consider the performance improvement criteria prescribed by the regulations (if any), and

may consider any previous communication between the Local Aboriginal Land Council concerned and the New South Wales Aboriginal Land Council in relation to the Local Aboriginal Land Council’s performance.

Without limiting subsection (2), the New South Wales Aboriginal Land Council may consider any other matter that the Council considers to be appropriate when determining whether to make a performance improvement order.

A performance improvement order must specify—

the reason for making the order, and

the actions that are required to be taken to improve the performance of the Local Aboriginal Land Council.

Actions to improve the performance of a Local Aboriginal Land Council may include any actions that the New South Wales Aboriginal Land Council considers necessary to improve or restore the proper or effective functioning of the Local Aboriginal Land Council.

The performance improvement order may require action to be taken by any or all of the following—

the Local Aboriginal Land Council,

the Board or individual Board members of the Local Aboriginal Land Council,

the chief executive officer of the Local Aboriginal Land Council.

A performance improvement order may provide for the appointment of an advisor in accordance with this Division.

A copy of the performance improvement order, or the variation of a performance improvement order, is to be served on the Local Aboriginal Land Council.

A performance improvement order takes effect on the day on which it is served on the Local Aboriginal Land Council concerned, or such later date as may be specified in the order.

The making of a performance improvement order, or the fact that any such order is in force, does not derogate from any power of the New South Wales Aboriginal Land Council or any other person to make any order or take any other action under this Act.

A performance improvement order in respect of a Local Aboriginal Land Council ceases to be in force if the Minister appoints an administrator or interim administrator for the Local Aboriginal Land Council.

In relation to a performance improvement order, a reference to an action, or the taking of any action, includes a reference to doing any thing or refraining from doing any thing.

A Local Aboriginal Land Council must provide a copy of a performance improvement order to the members of the Council at the first meeting of the Council held after the performance improvement order is made in respect of the Council.