Toolkit: Legal duties of Local Aboriginal Land Council ... · What are your legal duties as a board...
Transcript of Toolkit: Legal duties of Local Aboriginal Land Council ... · What are your legal duties as a board...
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What is your role as a LALC board member? 4
What are your legal duties as a LALC board member? 5
What are your legal duties under the ALR Act and Model Code of Conduct? 5
What are your legal duties under other laws? 8
What are your legal duties as a board member of a registered charity? 9
What can happen if you don’t follow your legal duties? 9
What legal protections are available to LALC board members? 10
What is the duty to act in good faith and for proper purpose? 12
What does acting in good faith in the best interests of the LALC mean? 12
The board member and the loud, young LALC members 13
The legal duty: 13
Who comes first - family or the LALC? 14
The legal duty: 14
Where can I find this duty in the ALR Act and Model Code of Conduct? 14
What are some tips to help me meet this duty in my role as a LALC board member? 15
What is the duty to act with reasonable care, skill and diligence? 17
How should I use my skills and knowledge in my role as a board member? 17
What actions should I take to meet this duty? 18
How does this duty apply to the decisions a board makes? 18
Examples of how this duty works 19
The proud but busy board member 19
The legal duty: 19
The worried board member and an inaccurate media release 20
The legal duty: 20
Why is taking care of the LALC’s financial position (and preventing insolvent trading) an important
part of this duty? 20
Example of how this duty works 22
The board member and the urgent repairs 22
The legal duty: 23
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Where can I find this duty in the Aboriginal Land Rights Act 1983 (NSW) and Model Code of
Conduct? 23
What are some tips to help me meet this duty in my role as a LALC board member? 24
What is the duty not to misuse information and position? 26
The board member and the tip-off 28
The legal duty: 28
The board member and the annoying local 29
The legal duty: 29
The chatty board member at a BBQ 29
The legal duty: 29
The board member with a cafe business 30
The legal duty: 30
Where can I find this duty in the Aboriginal Land Rights Act 1983 (NSW) and Model Code of
Conduct? 30
What are some tips to help me meet this duty in my role as a LALC board member? 31
What is the duty to disclose and manage conflicts of interest? 32
Potential conflicts of interest and the reputation of your LALC 35
The board decision to purchase office supplies 36
The legal duty: 37
The arts scholarship and your step-son 37
The legal duty: 37
The board member and the tenant 38
The legal duty: 38
Where can I find this duty in the ALR Act and Model Code of Conduct? 38
What are some tips to help me meet this duty in my role as a LALC board member? 39
Related Not-for-profit Law Resources 41
Legislation 41
Government 41
Other Resources 41
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