Role/Purpose
What is the Purpose of the Council of Elders?
The directors shall use their best endeavours to ensure that any intra-Island disputes and competing claims in respect of Native Title Land of whatsoever nature are resolved as fairly and expediently as practicable.
In the event that the directors receive notice of any such dispute, regardless as to whether notice of that dispute comes to the attention of the directors by any person involved in the dispute or otherwise, the directors must take prompt steps to resolve such dispute.
The directors may summon the parties to the dispute to a mediation session convened by the directors and the directors‟ appointed for the mediation must use their best endeavours to resolve the dispute. The directors may call upon elders of the Badulgal people to assist in the mediation process.
In the event that the dispute is resolved at or following mediation, the directors shall ensure that the resolution is recorded in writing and signed by the persons authorised to speak for the land in question on behalf of the parties involved in the dispute.
In the event that the dispute is not resolved following mediation attempts, the directors must convene the Council of Elders to resolve the dispute.
Terms
Terms
This Terms of Reference is effective from ______________________ (insert start date) and will be ongoing unless removed (reference to Rule 7.10 of the Mura Badulgal (TSI) Corporation Rule Book).
Representation
Representation
The Council of Elders shall be constituted by:
- One qualified lawyer may be engaged by the Corporation for the purpose of advising the other members of the Council of Elders (“the Lawyer”), but in no circumstances shall the lawyer be a voting member of the Council of Elders.
- One qualified lawyer may be engaged by the Corporation for the purpose of advising the other members of the Council of Elders (“the Lawyer”), but in no circumstances shall the lawyer be a voting member of the Council of Elders.
How to Fill a Vacancy
How to fill a Vacancy
An Expression of Interest will be advertised within the community on request by the Directors of Mura Badulgal (TSI) Corporation or annually and those who expressed an interest and qualify will be considered by the Board of Directors. On appointment the members of the Council of Elders will be given the following resources:
- Copy of the Rule Book
- Induction of their role, responsibilities and expectations
- Terms of Reference of the Council of Elders
Role & Responsibilities
Role and Responsibilities
The Council of Elders are an advisory board to the Directors of Mura Badulgal (TSI) Corporation.
The Council of Elders is not governed by the rules of evidence and may make its own practices and procedures for the purpose of expediently and fairly resolving disputes. It shall afford the disputants the opportunity to be heard and may summons witnesses to give evidence before it.
The Lawyer shall be responsible for assisting the Council of Elders in relation to the evidence before the Council of Elders and advising the Council of Elders in respect of procedures to be adopted by the Council of Elders.
The members of the Council of Elders shall work together to hear the dispute and determine the dispute based on the evidence before the Council of Elders and in accordance with the traditional laws and customs of the traditional owners of Badulgal.
The Council of Elders shall make its decision based on the majority decision of its Council of Elders. The Lawyer, or, in his absence, someone nominated for this purpose, shall be responsible for taking the record of the hearing and the decision. All evidence of a documentary nature taken at the hearing must be photocopied and the original documents returned immediately to the person providing the same to the Council of Elders.
The Council of Elders must give its decision in writing to the parties and to the directors as soon as possible after arriving at its decision. The Council of Elders must endeavour to hear and determine any dispute within two (2) months of the dispute being referred to it for determination.
The directors must ensure that decisions of the Council of Elders are enforced by whatever lawful means may be available to the Corporation.
If however the board feels the matter requires further investigation outside of the Council of Elders then the board will action accordingly.
The directors may suspend the membership of any member who fails to comply with the decision of the Council of Elders or any agreement reached pursuant to this Rule or to attend as a witness after being summons for that purpose.
Decision Making Powers
Decision Making Powers
The Council of Elders is an advisory board to the Directors of Mura Badulgal (TSI) Corporation. A final decision cannot be made by the Council of Elders and must go through the Directors of Mura Badulgal (TSI) Corporation for endorsement.
Rule or to attend as a witness after being summons for that purpose.
Flow Chart of Events
Flow Chart of Events
The Council of Elders is an advisory board to the Directors of Mura Badulgal (TSI) Corporation. A final decision cannot be made by the Council of Elders and must go through the Directors of Mura Badulgal (TSI) Corporation for endorsement.
Effect of Decision
Effect of Decision
Council of Elders must exercise their powers and carry out their duties in good faith and in the best interests of Mura Badulgal.
This means they must be honest and loyal in their dealings with each other and with the Directors of the Corporation.
For example, members of the Council of Elders who act in good faith never make a decision for their own personal advantage. Their one and only concern is to act in the best interests of Mura Badulgal.
A breach of this duty may lead to a civil penalty or criminal liability, if the breach is reckless or intentionally dishonest.
Conflict of Interest
Conflict of Interest
Members of the Council of Elders must tell each other their personal interests in matters relating to the affairs brought to the Council of Elders.
This is so members of the Council of Elders can avoid making decisions which could personally benefit them or their family. ‘Material personal interest’ is better known as a ‘conflict of interest’.
If not handled correctly, conflicts of interest may prevent members from acting only in the best interests of the traditional owners.
To manage a conflict of interest, a member of the Council of Elders must declare ‘the conflict’ to the other elders.
Disclosing a conflict of interest does not automatically mean an elder cannot be part of the discussions. It may just mean that for a certain part of the meeting (while the matter is discussed) the elder may step out or not attend the meeting. This allows the other elders to talk freely and to make their decision in a neutral environment. Alternatively, the elder may be invited to stay if they have ‘the fully informed consent of the other elders and directors to be present and vote’.
A breach of this duty may result in a criminal penalty.
Confidentiality
Confidentiality
Members of the Council of Elders must keep confidential information and not discuss outside of the Council of Elders or the board of Directors until a decision has been reached on matters that have come to the Council of Elders attention.
Amendment
Amendment, Modification or Variation
This Terms of Reference may be amended, varied or modified in writing after consultation and agreement by the members.