Aboriginal and Torres Strait Islander Elected Body Amendment Act 2017 (ACT)

Aboriginal and Torres Strait Islander Elected Body Amendment Act 2017

A2017-18

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            ObjectsSection 3  2

5            Section 3 (e)  3

6            Functions of ATSIEBSection 8 (a)  3

7           Section 8 (b)  3

8            Section 8 (d), (e) and (f)  3

9            Section 8 (g)  4

10          Section 8 (i)  4

11          Section 8 (j)  4

12          Section 9  4

13          Section 10 heading  5

14          Section 10 (1)  5

15          Section 10 (4), definition of executive officer  5

16          New sections 10A and 10B  5

17          Sections 11 to 13  7

18          ATSIEB chairNew section 15 (3A)  9

19          Section 15 (5)  9

20          ATSIEB deputy chairNew section 16 (4A)  10

21          New section 16 (6)  10

22          New section 16A  10

23          Removal of ATSIEB memberSection 19 (b)  11

24          Quorum at ATSIEB meetingsSection 23  11

25          Executive officer at ATSIEB meetingSection 26 (3)  11

26          Regulation-making powerNew section 36 (1A) and (1B)  11

27          Dictionary, note 2  12

28          Dictionary, new definition of ATSIEB term  12

29          Dictionary, definition of community forum  12

30          Dictionary, new definitions  12

31          Dictionary, definition of UNEC  12

Aboriginal and Torres Strait Islander Elected Body Amendment Act 2017

A2017-18

An Act to amend the Aboriginal and Torres Strait Islander Elected Body Act 2008

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Aboriginal and Torres Strait Islander Elected Body Amendment Act 2017.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Aboriginal and Torres Strait Islander Elected Body Act 2008.

4. Objects
   Section 3

   omit

   disadvantaged position of Aboriginal and Torres Strait people living in the ACT

   substitute

   rights of Aboriginal and Torres Strait Islander peoples to freely determine their political status and to freely pursue their economic, social and cultural development in line with the right to self‑determination

5. Section 3 (e)

   omit

6. Functions of ATSIEB
   Section 8 (a)

   after

   them

   insert

   and, when asked by the Minister, to give the Minister information or advice about the views of Aboriginal and Torres Strait Islander people on matters stated by the Minister

7. Section 8 (b)

   omit

   for their interests

   insert

   on systemic or whole-of-government issues affecting their interests

8. Section 8 (d), (e) and (f)

   substitute

   (d)to conduct regular consultation with Aboriginal and Torres Strait Islander people living in the ACT and report the outcomes of that consultation to the Minister and any other Minister responsible for the matter that is the subject of the consultation;

   (e)to make recommendations to government agencies about research proposals that further the objects of this Act;

9. Section 8 (g)

   omit

   effectiveness of programs

   insert

   effectiveness and accessibility of programs and services

10. Section 8 (i)

    substitute

    (i)to provide advice to government agencies on appropriate representation of Aboriginal and Torres Strait Islander people living in the ACT on consultative bodies established by government agencies;

11. Section 8 (j)

    omit

    and in consultation with UNEC,

12. Section 9

    substitute

13. Consultation on cultural heritage

    (1)Before recommending action under section 8 (j) in relation to cultural material or information, ATSIEB—

    (a)if the cultural material or information is specific to an Aboriginal object or an Aboriginal place that is in, or apparently originated in, the ACT—must consult at least 1 of the following:

    (i)the United Ngunnawal Elders Council;

    (ii)a representative Aboriginal organisation;

    (iii)another person that ATSIEB is satisfied has a traditional connection to the ACT region; or

    (b)in any other case—may consult any person ATSIEB considers appropriate.

    (2)In this section:

    Aboriginal object—see the Heritage Act 2004, section 9.

    Aboriginal place—see the Heritage Act 2004, section 9.

14. Section 10 heading

    substitute

15. Discussions etc with non-government entities on systemic issues

16. Section 10 (1)

    after

    functions

    insert

    under section 8 (b)

17. Section 10 (4), definition of executive officer

    omit

18. New sections 10A and 10B

    insert

10APublic hearings about government service provision

(1)In exercising its functions under section 8 (g) and (h), ATSIEB must hold at least 2 public hearings during each ATSIEB term.

(2)The purpose of a public hearing under subsection (1) is to obtain information about—

(a)the effectiveness and accessibility of programs and services conducted by government agencies for Aboriginal and Torres Strait Islander people living in the ACT; and

(b)the accessibility by Aboriginal and Torres Strait Islander people living in the ACT to programs and services conducted by government agencies for the general public.

(3)The executive officer of a government agency must—

(a)attend a public hearing if requested by ATSIEB; and

(b)provide information and answer questions from ATSIEB in relation to the matters in subsection (2). 

(4)ATSIEB may conduct proceedings at a public hearing as it considers appropriate.

(5)However, at least 4 ATSIEB members must be present at a public hearing.

10BReports from ATSIEB

(1)ATSIEB must report to the Minister on a public hearing held under section 10A.

(2)The report—

(a)must be in writing; and

(b)may make recommendations about changes to programs and services for Aboriginal and Torres Strait Islander people living in the ACT.

(3)The Minister must—

(a)present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report; and

(b)present a response to the report not later than the first sitting week after the end of 6 months after the day the Minister receives the report.

1. Sections 11 to 13

   substitute

2. Requirement to consult

   (1)In exercising its functions ATSIEB must consult Aboriginal and Torres Strait Islander people living in the ACT. 

   (2)Every Aboriginal and Torres Strait Islander person living in the ACT is eligible to participate in community consultation conducted by ATSIEB.

3. ATSIEB to develop consultation plan

   (1)ATSIEB must, within 6 months of the commencement of each ATSIEB term, develop a plan for how it will consult Aboriginal and Torres Strait Islander people living in the ACT (a community consultation plan).

   (2)The community consultation plan must—

   (a)cover the ATSIEB term; and

   (b)include a description of the grounds relevant to a determination by ATSIEB that a person has a traditional connection to the ACT region for section 9 (1) (a) (iii); and

   (c)maximise the participation of Aboriginal and Torres Strait Islander people living in the ACT by providing reasonable opportunities to participate in each consultation.

   Examples—reasonable opportunities to maximise participation

   ·providing more than 1 form of consultative mechanism such as forums, face‑to-face meetings, online surveys, inviting written submissions

   ·giving advance notice of consultation events

   ·holding face-to face events at accessible locations

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)ATSIEB must take reasonable steps to tell Aboriginal and Torres Strait Islander people living in the ACT about the community consultation plan.

   Examples—reasonable steps

   ·     notice posted on an ATSIEB website

   ·     notice sent on an email network

   ·     advertisements in local and Indigenous newspapers

4. Conduct of consultation

   In carrying out community consultation, ATSIEB must give effect to the following principles:

   (a)consultation should focus on the particular area of interest to be discussed;

   (b)consultation should be open and transparent;

   (c)consultation should lead to sustainable decisions by involving effective community engagement;

   (d)without limiting paragraph (c), ATSIEB should ensure that—

   (i)relevant information is provided in a timely and accessible way to enable maximum community participation in debate about the area of interest; and

   (ii)opportunities are provided for feedback about the area of interest.

13AReporting on consultation

(1)ATSIEB must prepare a written report about its community consultation activities and publish the report on an ATSIEB website.

(2)The report must state—

(a)the topic of the consultation; and

(b)ATSIEB’s view about the topic; and

(c)any issues raised by the community during consultation; and

(d)any recommendations of ATSIEB in relation to the topic.

(3)ATSIEB must give a copy of the report to the Minister. 

(4)The Minister must give ATSIEB a response to the report not later than 3 months after the day the Minister receives the report under subsection (3).

1. ATSIEB chair
   New section 15 (3A)

   insert

   (3A)The position of ATSIEB chair becomes vacant if a resolution of no confidence in the ATSIEB chair is passed in accordance with section 16A. 

2. Section 15 (5)

   substitute

   (5)ATSIEB must tell the Minister, in writing, if the ATSIEB chair becomes vacant under subsection (3A) or (4).

3. ATSIEB deputy chair
   New section 16 (4A)

   insert

   (4A)The position of ATSIEB deputy chair becomes vacant if a resolution of no confidence in the ATSIEB deputy chair is passed in accordance with section 16A. 

4. New section 16 (6)

   insert

   (6)The ATSIEB chair or, if there is no chair, ATSIEB, must tell the Minister, in writing, if the ATSIEB deputy chair becomes vacant under subsection (4A) or (5).

5. New section 16A

   insert

16AResolution of no confidence in ATSIEB chair or ATSIEB deputy chair

(1)A resolution of no confidence in the ATSIEB chair or the ATSIEB deputy chair has no effect unless it is passed by ATSIEB in accordance with this section.

(2)A resolution of no confidence must affirm a motion that is expressed to be—

(a)in relation to a resolution of no confidence in the ATSIEB chair—a motion of no confidence in the ATSIEB chair; or

(b)in relation to a resolution of no confidence in the ATSIEB deputy chair—a motion of no confidence in the ATSIEB deputy chair.

(3)All members must be given notice of the motion at least 1 week before it is moved at a meeting of ATSIEB.

(4)The motion must be passed by at least 4 ATSIEB members.

1. Removal of ATSIEB member
   Section 19 (b)

   substitute

   (b)if the member contravenes the prescribed code of conduct;

2. Quorum at ATSIEB meetings
   Section 23

   omit

   5 members

   substitute

   4 members

3. Executive officer at ATSIEB meeting
   Section 26 (3)

   omit

4. Regulation-making power
   New section 36 (1A) and (1B)

   insert

   (1A)A regulation may make provision in relation to—

   (a)a code of conduct for ATSIEB members; and

   (b)the roles and responsibilities of the ATSIEB chair and ATSIEB deputy chair; and

   (c)any other governance matter in relation to ATSIEB.

   (1B)The Executive must consult with ATSIEB before making a regulation under subsection (1A).

5. Dictionary, note 2

   omit

   ·     administrative unit

   ·     head of service

6. Dictionary, new definition of ATSIEB term

   insert

   ATSIEB term means the period between ATSIEB elections.

7. Dictionary, definition of community forum

   omit

8. Dictionary, new definitions

   executive officer, of a government agency, means—

   (a)the director-general; or

   (b)for a public sector body—the person responsible for the management of the public sector body; or

   (c)for a territory instrumentality—the head (however described) of the instrumentality.

   representative Aboriginal organisation—see the Heritage Act 2004, section 14.

9. Dictionary, definition of UNEC

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 30 March 2017.

2. Notification

   Notified under the Legislation Act on 15 June 2017.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Aboriginal and Torres Strait Islander Elected Body Amendment Bill 2017, which was passed by the Legislative Assembly on 6 June 2017.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2017