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

Land and Environment Court of New South Wales

CITATION : RHONDA HAZEL CONNOLLY v. E I DICKSON [1992] NSWLEC 53 (17 July 1992) [1992] NSWLEC 2 PARTIES : RHONDA HAZEL CONNOLLY v. E I DICKSON FILE NUMBER(S) : 40079 of 1992 CORAM: Pearlman J KEY ISSUES: :- Aboriginal Land Rights Act 1983 LEGISLATION CITED: Interpretation Act, 1987 Commonwealth Electoral Act 1918 Commonwealth of Australia Constitution Act CASES CITED: McEldowney v Forde (1971) A.C. 632 ; In Re Wood (1988) 167 CLR 145 DATES OF HEARING: DATE OF JUDGMENT: 07/17/1992

LEGAL REPRESENTATIVES:

JUDGMENT: On 11 April 1992, elections were held for the position of councillor representing the South Coast region on the New South Wales Aboriginal Land Council. The candidate who gained the most number of votes for the South Coast region was Burnum Burnum.

The election of Burnum Burnum is now challenged. In these proceedings, heard together, the applicants each seek similar orders. They ask that the Electoral Commissioner for New South Wales be restrained from declaring the election of Burnum Burnum, and that the election be declared by this Court to be null and void. One applicant, Mr Brandy, seeks a re-count of the votes cast, while the other applicant, Mrs Connolly, seeks the convening of a new election.

Burnum Burnum filed a cross application in each case, seeking a declaration that he be declared elected, or, in the alternative, that a further election be ordered to be convened.

ABORIGINAL LAND COUNCILS

Aboriginal Land Councils are creatures of statute, the Aboriginal Land Rights Act 1983 (the "Act"). A hierarchical structure is constituted by the Act; i. Local Aboriginal Land Councils By s 5 of the Act, the Minister may constitute an area as a Local Aboriginal Land Council area. For each area, there shall be a Local Aboriginal Land Council (s 6(1)). All adult Aborigines who are listed in the Local Aboriginal Land Council roll for the particular area shall be members of the Local Aboriginal Land Council for that area (s 6(3)). ii. Regional Aboriginal Land Councils By s 14 of the Act, the Minister may constitute an area as a Regional Aboriginal Land Council area. For each area, there shall be a Regional Aboriginal Land Council (s 15(1)). The members of each Local Aboriginal Land Council which is situated within the area of the particular Regional Aboriginal Land Council shall elect members to represent that Local Aboriginal Land Council on the Regional Aboriginal Land Council (s 11). iii. New South Wales Aboriginal Land Council The Act sets up a New South Wales Aboriginal Land Council to consist of full time Aboriginal councillors equal to the number of Regional Aboriginal Land Council areas (s 22). Each councillor on the New South Wales Aboriginal Land Council is to be elected to represent a Regional Aboriginal Land Council (s 22(3)).