Registrar of Aboriginal Corporations v Barker

[1997] FCA 1489

FEDERAL COURT OF AUSTRALIA

ABORIGINAL CORPORATIONS - Incorporated Aboriginal associations - Election of members of Governing Committees - Election after end of period of administration by Administrator - Manner of conducting election - Whether election must be at general meetings of associations - Availability of proxy voting.

Aboriginal Councils and Associations Act 1976 - ss 58B, 68, 73, 75 and 77D
Acts Interpretation Act 1901 - s20

NG 1006 OF 1997
THE REGISTRAR OF ABORIGINAL CORPORATIONS v JEANETTE BARKER

JUDGES:      DAVIES, WILCOX AND BRANSON JJ
PLACE:         SYDNEY
DATE:           23 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 1006  of   1997

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:		THE REGISTRAR OF ABORIGINAL CORPORATIONS Appellant
AND:		JEANETTE BARKER Respondent
JUDGES:	DAVIES, WILCOX AND BRANSON JJ
DATE OF ORDER:	23 DECEMBER 1997
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. Order 1 made by Whitlam J on 10 November 1997 be varied so as to read:

   “The elections to fill the offices of the Governing Committee of the Northern Star Aboriginal Corporation and the North Star Construction Aboriginal Corporation be held:

(i)        at a general meeting of the relevant association; or

(ii)at an election otherwise conducted in which all members of the association have a reasonable opportunity of participation and the right to be represented by a duly appointed agent”.

1. The appeal otherwise be dismissed.

1. The appellant, the Registrar of Aboriginal Corporations, pay to the respondent, Jeanette Barker, her costs of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 1006 of 1997

On Appeal from a single Judge of the Federal Court of Australia 

BETWEEN:

  THE REGISTRAR OF ABORIGINAL CORPORATIONS

APPELLANT

AND:

JEANETTE BARKER
RESPONDENT

JUDGES:	DAVIES, WILCOX & BRANSON JJ
DATE:	23 DECEMBER 1997
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Davies J:  The issue in this appeal is whether the Registrar of Aboriginal Corporations, who called meetings for the election of the members of the Governing Committees of each of the Northern Star Aboriginal Corporation and the North Star Construction Aboriginal Corporation, was entitled to specify, as he did, that:

"No ...  proxy votes will be accepted for the election."

The two corporations, which had been incorporated under the Aboriginal Councils andAssociations Act 1976 (Cth) ("the Act"), had each been under the control of an Administrator appointed under s 71 of the Act. Section 73 of the Act provides that, on the appointment of an Administrator, all offices of the Governing Committee of an Association become vacant, and that had occurred. As the time was approaching when it would be no longer necessary for the Administrator to conduct the affairs of the Corporations, the Registrar was required to call an election. Section 77D of the Act provided:

"77D.   If the Registrar is satisfied that it is no longer necessary for the Administrator to conduct the affairs of the…