Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 302 Community Services (Torres Strait) Act 1984 COMMUNITY SERVICES (TORRES STRAIT) AMENDMENT REGULATION (No. 1) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Relocation of pt 11 hdg (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Renumbering of s 64B (Criminal history checks). . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new pt 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 10A—COMMUNITY JUSTICE GROUPS 64B Establishment of community justice groups—Act, s 84(1) . . . . . . . . 4 6 Amendment of pt 12 (Transitional) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new s 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 68 Transitional provision for Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new schs 1B and 1C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 1B SEISIA COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 No. 302, 2003 4 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Nomination, and withdrawal of nomination, of members . . . . . . . . . 6 Notification by Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—BUSINESS AND MEETINGS 10 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1C BAMAGA COMMUNITY JUSTICE GROUP PART 1—PRELIMINARY 1 Definitions for sch 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2—NAME OF COMMUNITY JUSTICE GROUP 2 Name—Act, s 84(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—MEMBERSHIP 3 Number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Nomination, and withdrawal of nomination, of members . . . . . . . . . 6 Notification by Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . . . 9 Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—BUSINESS AND MEETINGS 10 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . . . . 12 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 8 8 8 9 9 9 10 10 11 11 11 11 12 12 13 13 13 14 14 14

3 Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 No. 302, 2003 14 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 4 s6 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 1 Short title This regulation may be cited as the Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 . 2 Regulation amended This regulation amends the CommunityServices(TorresStrait)Regulation 1998. 3 Relocation of pt 11 hdg (Miscellaneous) Part 11, heading— relocate to after section 64B. 4 Renumbering of s 64B (Criminal history checks) Section 64B— renumber as section 64C. 5 Insertion of new pt 10A After section 64A— insert — ‘PART 10A—COMMUNITY JUSTICE GROUPS ‘64B Establishment of community justice groups—Act, s 84(1) ‘ (1) Each community justice group named in a relevant schedule is established for the council area stated for the justice group. ‘ (2) Each relevant schedule prescribes matters about the community justice group named in the schedule.’. 6 Amendment of pt 12 (Transitional) Part 12, heading, after ‘TRANSITIONAL’—

s7 5 s8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 insert — ‘ PROVISIONS ’. 7 Insertion of new s 68 After section 67— insert— ‘68 Transitional provision for Community Services (Torres Strait) Amendment Regulation (No. 1) 2003 ‘For nominating members of a community justice group for schedule 1B or 1C, a nomination under section 5 of either schedule includes a nomination made by a nominating entity under the schedule before the commencement of this section.’. 8 Insertion of new schs 1B and 1C After schedule 1A— insert — ‘SCHEDULE 1B ‘SEISIA COMMUNITY JUSTICE GROUP section 64B ‘PART 1—PRELIMINARY ‘1 Definitions for sch 1B ‘In this schedule— “council” means the Seisia Island Council. “main indigenous social grouping” means the group of Torres Strait Islanders who live in the Seisia Island Council area. “nominating entity” means—

s8 6 s8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 (a) the main indigenous social grouping; or (b) the council. “special meeting” see section 10(2). ‘PART 2—NAME OF COMMUNITY JUSTICE GROUP ‘2 Name—Act, s 84(2) ‘The name of the community justice group for the Seisia Island Council area is Ibopuydhan Balbygimaipa Community Justice Group. ‘PART 3—MEMBERSHIP ‘3 Number of members ‘The justice group comprises at least 5 but not more than 20 members. ‘4 Eligibility ‘A person is eligible to be a member of the justice group if the person is a member of the main indigenous social grouping. ‘5 Nomination, and withdrawal of nomination, of members ‘ (1) The main indigenous social grouping must nominate at least the following number of persons, but not more than 19 persons, to be members of the justice group— (a) if the council does not nominate a person under subsection (2)—5; (b) otherwise—4. ‘ (2) The council may nominate 1 person to be a member of the justice group.

s8 7 s8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘ (3) A nominating entity may, at any time, withdraw a nomination made by it. ‘ (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. ‘ (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. ‘6 Notification by Minister ‘ (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. ‘ (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. ‘ (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. ‘ (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. ‘7 Vacation of office ‘ (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or

s8 8 s8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. ‘ (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. ‘8 Coordinator to advise Minister of vacancy ‘The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. ‘9 Term of membership ‘A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). ‘PART 4—BUSINESS AND MEETINGS ‘10 Conduct of business ‘ (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Island custom.

s8 9 s8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘ (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 1 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting” ). ‘11 Times and places of special meetings ‘ (1) Special meetings must be held at the times and places the justice group decides. ‘ (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. ‘12 Quorum for special meeting ‘A quorum for a special meeting of the justice group is a majority of its members. ‘13 Presiding at special meeting ‘At a special meeting, the member of the justice group chosen by the members present is to preside. 1 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the IndigenousCommunitiesLiquorLicencesAct2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.

s 8 10 s 8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘14 Voting at special meeting ‘A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.’. ‘SCHEDULE 1C ‘BAMAGA COMMUNITY JUSTICE GROUP section 64B ‘PART 1—PRELIMINARY ‘1 Definitions for sch 1C ‘In this schedule— “council” means the Bamaga Island Council. “main indigenous social grouping” means each of the following groups of Torres Strait Islanders— • Badu Islanders • Darnley Islanders • Mabuiag Islanders • Mer Islanders • Saibai Islanders • the historical residents of the Bamaga Island Council area • the traditional owners of the Bamaga Island Council area. “nominating entity” means the following— (a) a main indigenous social grouping;

s 8 11 s 8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 (b) the council. “special meeting” see section 10(2). ‘PART 2—NAME OF COMMUNITY JUSTICE GROUP ‘2 Name—Act, s 84(2) ‘The name of the community justice group for the Bamaga Council area is the Bamaga Mina Kodomir (Proper Voice) Community Justice Group. ‘PART 3—MEMBERSHIP ‘3 Number of members ‘The justice group comprises at least 7 members. ‘4 Eligibility ‘A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Bamaga Council area. ‘5 Nomination, and withdrawal of nomination, of members ‘ (1) Each main indigenous social grouping must nominate at least 1 person to be a member of the justice group. ‘ (2) Each person nominated by a main indigenous social grouping must be a member of the grouping. ‘ (3) The council may nominate 1 person to be a member of the justice group. ‘ (4) A nominating entity may, at any time, withdraw a nomination made by it.

s 8 12 s 8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘ (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. ‘ (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. ‘6 Notification by Minister ‘ (1) The Minister must, if satisfied a person nominated under section 5(1) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. ‘ (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. ‘ (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated or withdrew the nomination of the person. ‘ (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. ‘7 Vacation of office ‘ (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or

s 8 13 s 8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. ‘ (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. ‘8 Coordinator to advise Minister of vacancy ‘The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. ‘9 Term of membership ‘A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1). ‘PART 4—BUSINESS AND MEETINGS ‘10 Conduct of business ‘ (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom.

s 8 14 s 8 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘ (2) The justice group may only make decisions about business relating to its functions under section 85(1)(a), (c), (d) or (e) 2 of the Act at a meeting at which the coordinator for the justice group is present (a “special meeting” ). ‘11 Times and places of special meetings ‘ (1) Special meetings must be held at the times and places the justice group decides. ‘ (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. ‘12 Quorum for special meeting ‘A quorum for a special meeting of the justice group is a majority of its members. ‘13 Presiding at special meeting ‘At a special meeting, the member of the justice group chosen by the members present is to preside. 2 Section 85(1)(a), (c), (d) or (e) of the Act— 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) . . . ; and (c) make recommendations to the community liquor licence board established under the IndigenousCommunitiesLiquorLicencesAct2002 , part 2, division 1, for the area about the operation of the canteen in the area; and (d) make recommendations to the Minister administering the Liquor Act1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act.

s 9 15 s 9 Community Services (Torres Strait) Amendment No. 302, 2003 Regulation (No. 1) 2003 ‘14 Voting at special meeting ‘A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.’. 9 Amendment of sch 2 (Dictionary) Schedule 2— insert — ‘ “justice group” , for a relevant schedule, means the community justice group named in the schedule. “relevant schedule” means a schedule of this regulation other than schedule 1, 1A or 2.’. ENDNOTES 1. Made by the Governor in Council on 27 November 2003. 2. Notified in the gazette on 28 November 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Aboriginal and Torres Stait Islander Policy. © State of Queensland 2003