200 Church Street NSW 2715 abn: 40 921 802 069

Chief Executive Officer

Balranald, perched on the mighty , is the gateway to Outback NSW and is located on the Sturt Highway, approximately half way between and Adelaide.

The town is surrounded by unique land and riverscapes which encompasses five iconic rivers, the spectacular outback landscape of the world heritage listed and the magical wetlands of Yanga National Park. The area boasts spectacular bird life and fauna, and heritage sites such as the Yanga Wool Shed and the Yanga Homestead, both of which are in close proximity to the town.

The Balranald Local Aboriginal Land Council is seeking suitable applicants for the above position. The Chief Executive Officer (CEO) will be responsible to the Members and will report to the Chair and Board of Directors.

DUTIES: To undertake duties involving the day to day administration and financial management of the Land Council in accordance with the Aboriginal Land Rights Act (1983). This will include maintaining the organisation's policies and guidelines in its endeavours to achieve community objectives set out in the Community Land and Business Plan, with an emphasis on submissions, maintaining accountability and capacity building.

ESSENTIAL: Applicants must have experience in office management and administration, the ability to work as part of a team and communicate effectively with Aboriginal people. Strong communication and negotiation skills together with an understanding of Aboriginal issues and experience in WH&S practices. Solid practical experience running funded projects and programs. A NSW Driver’s Licence is also essential.

Applicants are required to address the Selection criteria in writing.

DESIRABLE: Knowledge of the Aboriginal Land Council functions, administration and funding procedures, knowledge of the local area, rental property management experience and Aboriginality.

GENERAL: Aboriginal persons are encouraged to apply. Applications should specifically consider the relevant job description. Applicants should provide a minimum of two (2) recent references. Some travel may be involved with this position.

Employment as the CEO at the Balranald Local Aboriginal Land Council is subject to:

(a) The applicant being an Australian citizen or having the status of permanent resident in .

(b) The applicant providing proof of identity and any other necessary documentation. (c) A satisfactory Criminal Record check in accordance with Clause 79 of the Aboriginal Land Rights Act (1983) as amended 2006.

(d) Confirmation that the prospective applicant is not disqualified from being employed in accordance with Clause 78 (B) of the Aboriginal Land Rights Act (1983) as amended 2006.

(e) ln accordance with the NSW Child Protection (Prohibited Employment) Act 1998, applicants for this position will be required to sign a Prohibited Employment Declaration and the preferred applicant will be subject to criminal record, probity and prior employment checks.

A recruitment pack containing the selection criteria, position description and major accountabilities is available upon request.

Salary is negotiable dependent on skills, experience and qualifications. Access to salary sacrifice as a PBI, and a 4wd vehicle is provided.

Applications close 5:00pm Friday 13th October 2017.

It is envisaged that interviews would be conducted during the week beginning 23rd October. Criminal record and probity checks will be undertaken, and will form an essential component of the selection process.

For further details on the position please contact David Kelly, CEO on 0467 810 406

For copies of the Recruitment Pack please contact Chloe Bennett, NSWALC Director, Far West Zone on 08 8087 7909 or 0476 809 376

Email your application, including cover letter, response to Selection Criteria and current CV, to;

[email protected]

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CHIEF EXECUTIVE OFFICER (CEO) SELECTION CRITERIA

The following is the selection criteria for the full-time position of the Chief Executive Officer (CEO) of the Balranald Local Aboriginal Land Council (‘the Land Council’). Applicants will need to demonstrate through their formal application and their selection process, their capacity to meet these criteria.

Please ensure that you provide sufficient details in your application to demonstrate how you satisfactorily meet all the criteria through your experience, skills, knowledge, qualifications etc.

Essential Criteria

1 Knowledge and understanding of the Aboriginal Land Rights Act, 1983 (ALRA);

2 Capacity to interpret and implement legislative requirements;

3 Sound communication skills including negotiation, consultation and mediation skills and capacity to prepare reports and submissions;

4 Organisational and management experience to effectively lead, direct and manage the Land Council operations;

5 A sound understanding of accounting practices and principles and the ability to prepare budgets and financial reports and manage the finances of the Land Council, subject to the negotiation of an off-site service provider;

6 Knowledge and/or appreciation of the cultural, social and economic needs of Aboriginal people;

7 Knowledge and understanding of the issues affecting Aboriginal communities, societies and cultures in NSW;

8 A sound understanding of Equal Employment Opportunities (EEO) and Workplace Health and Safety (WH&S) requirements; and

9 Hold a current drivers licence.

POSITION DESCRIPTION

Position: Chief Executive Officer

Location: Balranald LALC Office

Responsible to: Board of Directors

PRIMARY OBJECTIVE

The primary objectives of the Chief Executive Officer (CEO) are to effectively manage the operations of the LALC in accordance with delegated authorities, to provide accurate and sound advice to the Board to enable informed decisions and to ensure the implementation of the Board’s resolutions in a timely and appropriate manner.

Section 78A (2) of the Aboriginal Land Rights Act 1983 (ALRA) stipulates the following specific functions:

1. the day-to-day management of the Council’s affairs;

2. the exercise of such functions of the Board as are delegated by the Board to the CEO;

3. the appointment of staff in accordance with the approval of the Board;

4. the direction and dismissal of members of staff;

5. such other functions as may be conferred on the chief executive officer by or under the Aboriginal Land Rights Act 1983 or any Act.

In addition to other relevant requirements, as principal officer of a public authority, the LALC Chief Executive Officer will have duties under the following Acts: Ombudsman Act 1974, the Independent Commission Against Corruption Act 1988 and the Freedom of Information Act 1989 (s 248 of the ALRA).

REPORTING RELATIONSHIPS

The Chief Executive Officer reports to the Board through the Chairperson of Balranald Local Aboriginal Land Council. The Board currently consists of 6 Board Members who have been elected under the provisions of the ALRA and Regulations (as amended) for up to four years.

Currently reporting directly to the Chief Executive Officer are the following positions:

o Administration Assistant

ORGANISATIONAL ENVIRONMENT

A Local Aboriginal Land Council is constituted by the ALRA for each Local Aboriginal Land Council area. The objects of each Local Aboriginal Land Council are to improve, protect and foster the best interests of all Aboriginal persons within the Council’s area and other persons who are members of the Council. A Local Aboriginal Land Council has the following legislative functions conferred or imposed on it:

Land acquisition

A Local Aboriginal Land Council has the following functions in relation to the acquisition of land and related matters: a) in accordance with this Act and the regulations, to acquire land and to use, manage, control, hold or dispose of, or otherwise deal with, land vested in or acquired by the Council; b) functions relating to the acquisition of land and any other functions conferred on it by or under Part 4A of the NPW Act; c) to submit proposals for the listing of land in Schedule 14 to the NPW Act of lands of cultural significance to Aboriginal persons that are reserved under the NPW Act; d) to negotiate the lease by the Council or by the Council and one or more other Aboriginal Land Councils of lands to which section 36A applies to the Minister administering the NPW Act; e) when exercising its functions with respect to land that is the subject of a lease, or proposed lease, under Part 4A of the NPW Act, to act in the best interests of the Aboriginal owners of the land concerned; f) to make written applications to the Aboriginal Land Council for the acquisition by the New South Wales Aboriginal Land Council of land on behalf of, or to be vested in, the Local Aboriginal Land Council. g) to make claims to Crown lands.

Land use and management

A Local Aboriginal Land Council has the following functions in relation to land use and management: a) to consider applications to prospect or mine for minerals on the Council’s land and to make recommendations to the New South Wales Aboriginal Land Council in respect of such applications; b) to protect the interests of Aboriginal persons in its area in relation to the acquisition, management, use, control and disposal of land.

Aboriginal Culture

A Local Aboriginal Land Council has the following functions in relation to Aboriginal culture and heritage: a) to take action to protect the culture and heritage of Aboriginal persons in the Council’s area, subject to any other law; b) to promote awareness in the community of the culture and heritage of Aboriginal persons in the Council’s area.

Financial stewardship

A Local Aboriginal Land Council has the following functions in relation to financial management and business planning: a) to prepare and implement, in accordance with this Act, a community, land and business plan, b) to manage, in accordance with this Act and consistently with its community land and business plan, the investment of any assets of the Council; c) to facilitate business enterprises, in accordance with this Act and the regulations and consistently with its community, land and business plan.

KEY COMMUNICATIONS

Sound communication skills are required by this position to provide operational advice on behalf of the LALC to the NSWALC and the Minister for Aboriginal Affairs on all matters that affect the operations of the LALC. The Chief Executive Officer also has regular contact with the Chair and the Board for reporting purposes as well as to provide advice and to discuss issues, priorities and recommendations.

In managing the LALC, the position holder interacts with direct reports to provide guidance and advice and to exchange information to ensure the efficient and effective operations of the LALC.

Externally, this position consults and negotiates with counterparts in other organisations, both in the public and private sectors, regarding policies and other matters of common concern. The Chief Executive Officer also liaises with various other bodies including Aboriginal leaders, other Local Aboriginal Land Councils and community based lobby groups often with diverse or conflicting interests.

CHALLENGES

• To provide support and assistance to the Board to ensure that all legislative requirements are met.

• To establish an effective working relationship with the elected Board.

• To ensure proper records and accounts are kept in accordance with the ALRA including the preparation and maintenance of the membership rolls.

DECISION MAKING

The CEO will be responsible for decisions related to all the day to day activities of the LALC including the supervision of any staff. Where issues are of a contentious nature or will have substantial impact on the LALC the CEO will consult with the Board in the first instance.

In addition, the CEO will exercise other functions of the Board as are delegated by the Board to the CEO.

MAJOR ACCOUNTABILITIES

1. responsible to the Board for the efficient and effective organisation, management and operation of the Land Council Office, ensuring that procedures are followed, policies are correctly interpreted and implemented and that works are conducted within given deadlines, 2. exercise delegated authority and approve expenditure on all matters within the limits as set down from time to time, and within the guidelines of the Aboriginal Land Rights Act, 1983 (ALRA), 3. control of the accounting function, including purchasing and finance, as per Office Bearer and Community minutes and the ALRA, 4. operation of a cloud based accounting system and online banking, and to work in conjunction with external accountants to produce timely financial reporting for the Board, New South Wales Aboriginal Land Council (NSWALC) and the ATO, 5. ensure that the Asset Register is maintained and updated appropriately, 6. ensure the principles and policies of the Land Council concerning Equal Employment Opportunity (EEO) and Workplace Health and Safety (WH&S) are applied to all staff and adhered to by all employees, 7. oversee the organisation’s IT and human resources’ functions, 8. preparation and submission of annual budgets, 9. ensure that adequate records, as required by NSWALC and in accordance with the ALRA, are maintained and updated regularly, and conduct an adequate number of Board and Members’ meetings in line with ALRA requirements, 10. prepare reports and correspondence as required including the preparation of any financial reports required by the Board and/or NSWALC, and ensure all legislative obligations are met, 11. liaise and negotiate with NSWALC, Government bodies and other NGOs as required by the Board and the Land Council community, 12. management and leadership of all staff and volunteers at the Land Council Office, 13. train staff through instruction and/or demonstration on the job with internal or external sources, and promote team building and a teamwork approach within all organisational work, 14. responsible for the co-ordination of day to day work being carried out at Land Council level and ensuring quick response to issues raised by Board, the Land Council community, NSWALC and any other relevant body, 15. undertake forward planning, budgeting and scheduling of works programs and pre-planning of major projects, 16. manage the sale of temporary water allocations through the organisation’s designated water broker, 17. oversee the lease of income generating rural properties, 18. oversee the implementation of Aboriginal Housing Office Build and Grow renovations and a small property portfolio, 19. oversee the long-term rationalisation of organisational assets, 20. manage and oversee community projects and programs to ensure Key Deliverables are met, 21. seek business opportunities to increase the organisation’s income streams, 22. seek out and apply for external funding opportunities in line with the CLBP, and acquit same, 23. manage the implementation of the Land Council’s Community Land and Business Plan (CLBP) goals and strategies and the completion of returns to NSWALC, 24. actively encourage community involvement in Land Rights issues whilst promoting good community relationships, 25. assist in the resolution of conflicts within the Land Council community and promote the mediation of these disputes, 26. active involvement in local committees, and meetings dealing with the administration of the ALRA as required, 27. any other duties as required, or directed by the Board.

As occupant of this position, I have noted this statement of duties and accept its terms.

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ANNEXURE 1 SOME EXTRA INFORMATION The Chief Executive Officer (CEO) has the following legislative duties under the Aboriginal Land Rights Act 1983: Section Requirement

54(1) The chief executive officer of a Local Aboriginal Land Council must, in respect of the Local Aboriginal Land Council area, prepare and maintain a Local Aboriginal Land Council membership roll (the membership roll).

54(2) The chief executive officer of a Local Aboriginal Land Council must list on the membership roll for the area of the Council the names and addresses of those persons who are qualified for membership.

56(5) The Chief Executive Officer is, as soon as practicable, to give notice of the receipt of a nomination or of a failure to make a nomination under this section to the person concerned and to the Registrar and the chief executive officer of each Local Aboriginal Land Council of which the person is a member.

56(6) The chief executive officer of each such Council must record on the membership roll for the Local Aboriginal Land Council the Council in relation to which the person has voting rights.

57(4) The chief executive officer of a Local Aboriginal Land Council that has suspended a member under this section must notify the Registrar of the suspension, and the details of the suspension, and of any revocation of that suspension.

58 The chief executive officer of a Local Aboriginal Land Council must remove the name of a person from the Council’s membership roll if, and only if: (a) the person dies, or (b) the person resigns in writing, or (c) if the person is a member because the person resided in the Council area—the person no longer resides in the Council area and the Council at a meeting decides that the person does not have a sufficient association with the area to continue as a member; or (d) the chief executive officer is satisfied, after making reasonable enquiries, that the residential address of the person is unknown.

59(1) The chief executive officer of each Local Aboriginal Land Council must: (a) within such period as may be prescribed by the regulations, send a copy of the Council’s membership roll, certified as correct by the chief executive officer, to the Registrar; and (b) advise the Registrar in writing of any changes to the membership roll that have occurred since a copy was last sent to the Registrar.

59(2) The chief executive officer of a Local Aboriginal Land Council is to ensure, so far as practicable, that the membership roll of the Council is kept up to date.

78A (1) A Local Aboriginal Land Council must employ a member of staff to exercise the functions of the chief executive officer of the Local Aboriginal Land Council for the purposes of this Act.

78A (2) The chief executive officer has the following particular functions: (a) the day-to-day management of the Council’s affairs; (b) the exercise of such functions of the Board as are delegated by the Board to the chief executive officer; (c) the appointment of staff in accordance with the approval of the Board; (d) the direction and dismissal of members of staff; (e) such other functions as may be conferred on the chief executive officer by or under this or any Act.

78B (1) The following persons must not be or continue to be employed as the chief executive officer of a Local Aboriginal Land Council: (a) a person who is a Board member of the Council or a councillor; (b) a person who has a conviction in New South Wales or elsewhere for an offence relating to the management of a corporation that was recorded within the last 5 years; (c) a person who has a conviction in New South Wales for an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales for of an offence that, if committed in New South Wales, would be an offence so punishable that was recorded within the last 5 years; (d) a person who is disqualified from holding office in or being concerned in the management of a corporation under any law of this or any other State or Territory or the Commonwealth; (e) a person who has an interest in, or is an employee of or concerned in the management of a corporation that receives a benefit from the Council; (f) a person who is already engaged as a consultant to the Council; (g) a person who is a member of staff of the New South Wales Aboriginal Land Council; (h) a person who has been dismissed on the recommendation of the Pecuniary Interests and Disciplinary Tribunal within the last 5 years; a person who is disqualified under this Act from being a Board member or councillor (other than on the grounds of employment by the Council or ceasing to be a voting member of a Local Aboriginal Land Council)

78C (1) If a vacancy occurs in the position of chief executive officer, the Local Aboriginal Land Council concerned must immediately appoint a person under section 78A to the vacant position or appoint a person to act in the vacant position.

78C (2) A vacancy occurs in the position of chief executive officer if the chief executive office: (a) dies; or (b) completes a term of his or her contract and is not re-appointed; or (c) resigns from the position; or (d) becomes a mentally incapacitated person and is removed from the position by the Council because of that mental incapacity; or is removed from the position on a ground set out in section 78B or for any other reason.

79A (1) If it is proposed to make an appointment to a vacant position in the staff of a Local Aboriginal Land Council, the chief executive officer must advertise the vacancy in the manner prescribed in the regulations.

79A (2) The chief executive officer need not advertise a vacancy in the circumstances prescribed by the regulations.

242(1) An act or omission of an Aboriginal Land Council, or any of the following persons: (a) a councillor, (b) a member of any Local Aboriginal Land Council or Board member or chief executive officer of a Local Aboriginal Land Council, (b1) a member of an advisory committee; (b2) an adviser to a Local Aboriginal Land Council; (c) the Chief Executive Officer of the New South Wales Aboriginal Land Council, (d) any person acting under the direction of an Aboriginal Land Council, does not subject a councillor, member, adviser, Chief Executive Officer or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of executing this or any other Act.

Schedule 3, The chief executive officer of the Council, or if there is no chief executive officer, the Registrar, Pt 2(8) may call the first meeting of the Board in such manner as he or she thinks fit.

Regs, Pt Exemption of Aboriginal lands from the payment of rates 7(4) (4) A resolution under sub-clause (3) has no effect unless: (c ) the chief executive officer of the Council (or in the case of the New South Wales Aboriginal Land Council, the Chief Executive Officer of the Council) has advised the Minister in writing that a resolution has been passed in accordance with this clause in relation to the land concerned,

Regs, Pt 3 An election for the position of Chairperson of Deputy Chairperson of a Board is to be Div.3,25 (d) conducted by the chief executive officer of the Local Aboriginal Land Council in the manner determined by the Board members present at the first meeting of the Board after its election.

Regs, Pt 3 The chief executive officer of a Local Aboriginal Land Council may appoint a person to a Div 5,31(2) vacant position in the staff of the Council without first advertising the vacancy if the Board gives approval to the filling of the vacancy, or that class of vacancies, without advertisement of the vacancy.

Regs, Pt 3 The chief executive officer of each Local Aboriginal Land Council must, not later than 7 Div 5, s43 clear days after the closing date specified in the relevant notice of election, send a current (1) copy of the Council’s membership roll to the New South Wales Aboriginal Land Council that is certified in a manner approved by the New South Wales Aboriginal Land.

Regs, Calling of ordinary meetings Schedule 2, (2) The chief executive officer must call a meeting for that time and place and must cause 6(2) notice of the meeting to be given in accordance with the Regulation.

Regs., Financial management Schedule 2, (1) The chief executive officer must promptly: 15(1), (5) (a) deposit into the Council’s account with an authorised deposit-taking institution all money received, and (b) issue a receipt for all money received. (5) The chief executive officer must present to the Board monthly financial reports containing details of the following (a) all bills and accounts that have not been paid to be approved by the Board for payment, and (b) details of all bills and accounts that have been paid and not previously approved by the Board for ratification by the Board.

Regs, The chief executive officer must make available the Council records for inspection by any Schedule 2, member at such times as the Council directs. 16(2)

Regs, The chief executive officer must: Schedule 2, (a) maintain a membership roll for the Council as required by the Act and the 20 Regulation, and (b) maintain an accurate record of all meetings of the Council in an official minute book of the Council, and (c) maintain a file which contains all applications and letters asking for membership received by the Council, and (d) call meetings and give the proper notice for meetings of the Council and the Board in accordance with these Rules, and (e) maintain an attendance book showing the names of all the members who attend each meeting together with the signature of each member who is present, and (f) prepare an agenda for meetings of the Council and the Board, in consultation with the Chairperson, prior to each meeting, and (g) maintain any correspondence to and from the Council and inform the Council of such correspondence, and (h) send to the Chief Executive Officer of the New South Wales Aboriginal Land Council the following: (i) a copy of the current Council membership roll and changes to the roll as required by section 59 of the Act, (ii) the address of the Council’s office (if there is one), (iii) the particulars of all land held by the Council, and (i) keep the Council’s common seal in safe custody, and (j ) represent and act, subject to the instructions of a Council meeting, on behalf of the Council in the interval between meetings.

Regs, (1) The chief executive officer must: Schedule 2, a) maintain proper accounts and records of all transactions in relation to the 21 operations of the Council (in a manner approved by the New South Wales Aboriginal Land Council), and b) ensure that all money received is deposited as soon as possible in the Council’s account with an authorised deposit-taking institution, and c) submit a brief financial statement at each Board and Council meeting, including all accounts and bills that have not been paid and that are to be approved by the Board for payment and details of all accounts and bills of the Council that have been paid by the chief executive officer; and d) as soon as practicable, bring to the attention of the Board, details of any expenditure that in the chief executive officer’s opinion contravenes the Act.