Suspension or revocation of a Registered Aboriginal Party
The registration of a Registered Aboriginal Party (RAP) can be suspended or revoked if they fail to act in good faith to:
- consider or advise on applications for cultural heritage permits
- evaluate cultural heritage management plans
- perform a cultural heritage agreement
- undertake its functions and powers under the Aboriginal Heritage Act 2006
- perform the conditions placed on them by the Council
RAPs may also request Council to suspend or revoke their registration.
A RAP will receive 28 days' notice of Council's proposal to suspend or revoke its registration in the above instances and will have an opportunity to respond.
A RAP may appeal the suspension or revocation through the Victorian Civil and Administrative Tribunal.
Revocation of RAP registration
The registration of a RAP can be revoked if they:
- are no longer a body corporate registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006
- are placed under special administration other than special administration under Part 11-2 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, or goes into liquidation.
Additionally, an area within the RAPs boundaries can be revoked if a native title holder or Traditional Owner group is registered for that area.
The revocation of registration of a RAP does not impact on statutory decisions made by that RAP whilst it was registered.
Amendments to the Aboriginal Heritage Act 2006 - Special Administration
In 2022 the Aboriginal Heritage Act 2006 (the Act) was amended to ensure RAPs placed under special administration by the Registrar can remain operational and retain their registration as a RAP.
Section 156(2)(b) of the Act now states that the registration of a registered Aboriginal party is revoked;
- if the party is placed under administration, other than special administration under Part 11-2 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, or goes into liquidation.
If a RAP has been placed under special administration under Part 11-2 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006, the Registrar will appoint an administrator to appoint officers, including if required, Board members.
While there may be a short period of readjustment within the RAP as new staff and/or Board members take up their roles, the RAP remains operational and will continue to carry out its functions and responsibilities as per the Act.
De-registered RAPs
More information
Updated