Re referral by Registrar, Aboriginal Land Rights Act 1983 under s 200 of the Aboriginal Land Rights Act 1983, concerning Mr Anderson, a Councillor; Registrar, Aboriginal Land Rights Act 1983 v Anderson [2023] NSWCATOD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Re referral by Registrar, Aboriginal Land Rights Act 1983 under s 200 of the Aboriginal Land Rights Act 1983, concerning Mr Anderson, a Councillor; Registrar, Aboriginal Land Rights Act 1983 v Anderson [2023] NSWCATOD 159 Hearing dates: 3-4 October 2023 Date of orders: 9 November 2023 Decision date: 09 November 2023 Jurisdiction: Occupational Division Before: I Coleman SC ADCJ, Principal Member Decision: 1. The Tribunal determines that it will conduct proceedings into the matter referred by the Registrar, Aboriginal Land Rights Act on 15 March 2023. 2. The Tribunal finds the respondent guilty of breaching s 152(4)(a), s 152(5) and s 183(1) of the Aboriginal Land Rights Act 1983 (NSW) and of breaching rules 19 and 20 of the Model Rules in Schedule 1 to the Regulations made pursuant to the Aboriginal Land Titles Act 1983 (NSW). 3. Pursuant to s 207(1)(a) of the Aboriginal Land Rights Act the respondent is reprimanded. 4. There be no order for costs of the proceedings. 5. The Registrar's application otherwise be dismissed. Catchwords: ENFORCEMENT- where Registrar, Aboriginal Land Titles Act alleges that director of Aboriginal Land Council has breached provisions of the Act and Regulations made pursuant to the Act- whether Tribunal should conduct proceedings into the referral- whether respondent has breached the regulatory scheme created by the Act- what protective orders should be made against respondent where respondent found guilty of such breaches Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1983 (NSW) Cases Cited: Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 Director-General, Department of Ageing, Disability and Home Care [2009] NSWCA 102; (2009) 74 NSWLR 523 Deputy Secretary, Local Government, Planning and Policy v Garrard [2021] NSWCATOD 75 Health Care Complaints Commission v Perera [2018] NSWCATOD 112 Kennedy v Thorne (2017) 263 CLR 85; [2017] HCA 49 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Peeke v Medical Board of Victoria [1994] VSC 7 Plaintiff s10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 86 ALJ 109 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Registrar Aboriginal Land Rights Act 1983 (NSW) (Applicant) Troy Anderson (Respondent) Representation: Counsel: A Kaufmann (Applicant)