Ethnic Affairs Commission Amendment Act 1996 (NSW)
New South Wales
Ethnic Affairs Commission
Amendment Act 1996 No 88
Contents
Page
1 Name of Act 2
2 Commencement 2 3 Amendment of Ethnic Affairs Commission Act 1979 No 23 2
Schedule 1 Amendments 3
New South Wales
Ethnic Affairs Commission
Amendment Act 1996 No 88
Act No 88, 1996
An Act to amend the Ethnic Affairs Commission Act 1979 to endorse certain principles of cultural diversity, to enhance the objects and functions of the Ethnic Affairs Commission, to provide for ethnic affairs agreements between public authorities and the Commission and to require preparation of annual ethnic affairs reports; and for other purposes. [Assented to 25 November 1996]
| Section 1 | Ethnic Affairs Commission Amendment Act 1996 No 88 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Ethnic Affairs Commission Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Ethnic Affairs Commission Act 1979 No 23
The Ethnic Affairs Commission Act 1979 is amended as set out in
Schedule 1.
Ethnic Affairs Commission Amendment Act 1996 No 88
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[ 1 ] Section 3
Insert after section 2:
3 Principles of cultural diversity
(1) Parliament recognises and values the cultural diversity of the people of New South Wales. It does so by supporting and promoting the following principles of cultural
diversity :
(a) Principle 1 All individuals in New South Wales should have the greatest possible opportunity to contribute to, and participate in, all aspects of public life.
(b) Principle 2 All individuals and public institutions should respect and accommodate the culture, language and religion of others within an Australian legal and institutional framework where English is the primary language.
(c) Principle 3 All individuals should have the greatest possible opportunity to make use of and participate in relevant activities and programs provided or administered by the Government of New South Wales.
(d) Principle 4 All public institutions of New South Wales should recognise the linguistic and cultural assets in the population of New South Wales as a valuable resource and promote this resource to maximise the development of the State.
Ethnic Affairs Commission Amendment Act 1996 No 88
| Schedule 1 | Amendments |
(2) The principles of cultural diversity are the policy of the
State.(3) Accordingly, each public authority must observe the principles of cultural diversity in conducting its affairs. (4) It is the duty of the chief executive officer of each public authority to implement the provisions of this section within the area of his or her administration. (5) The cultural diversity of the people of New South Wales reflects the whole population of New South Wales, which comprises people from a range of cultural, ethnic, linguistic and religious backgrounds. The expression cultural diversity is to be construed accordingly.
Section 5 Definitions
Insert in alphabetical order:
cultural diversity-see section 3 (5).
Section 5, definition of “public authority”
Omit the definition. Insert instead:
public authority means any public or local authority
constituted by or under an Act, and includes:
(a) any Department as defined in the Annual Reports (Departments) Act 1985, and (b) any statutory body as defined in the Annual Reports (Statutory Bodies) Act 1984, and (c) any body or class of bodies prescribed by the regulations for the purposes of this definition.
[4] Section 14 Staff establishment of the Commission
Omit “Department or” and “Department of the Government or” from section 14 (2).
Ethnic Affairs Commission Amendment Act 1996 No 88
Amendments Schedule 1 Section 15 Objects of the Commission
Insert at the end of section 15 (c):
, and
(d)
to promote the social, cultural and economic benefits of a culturally diverse society.
Section 16 Functions of the Commission
Omit section 16 (c). Insert instead:
(c)
to provide to any persons (whether or not forming or forming part of any ethnic group in the community) services approved by the Minister,
Section 16 (f)
Omit “and” where lastly occurring.
Section 16 (h) and (i)
Insert at the end of section 16 (g):
(h) to initiate, negotiate, enter into and where appropriate assist in implementing ethnic affairs agreements between public authorities and the Commission, and (i) to assess the effectiveness of public authorities in
implementing the Government’s ethnic affairs
policies.Section 17 Insert after section 16:
17 Ethnic affairs reports
(1)
The Commission is to prepare a report on the status of ethnic affairs in the State in respect of each calendar year (commencing with 1997). The report may include recommendations of the Commission in relation to any relevant matters.
Ethnic Affairs Commission Amendment Act 1996 No 88
| Schedule 1 | Amendments |
(2) The report is to be prepared during or as soon as possible after the calendar year to which it relates. The report is to be furnished to the Minister before the end of the month of February that follows that year. (3) The Minister is to lay, or cause to be laid, a copy of the report before each House of Parliament within 14 sitting days of the House after receiving the report. (4) If a House of Parliament is not sitting when the Minister seeks to have a copy of the report laid before the House, the Minister may present a copy of the report to the Clerk of the House. (5) The report, if presented to the Clerk:
(a) is, on presentation and for all purposes, taken to have been laid before the House, and (b) may be printed by authority of the Clerk, and (c) if printed by authority of the Clerk, is for all purposes taken to be a document published by or under the authority of the House, and (d) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after presentation of the report to the Clerk.
[ 1 0 ] Section 18 Public authorities to assist Commission
Omit “any officer of a Department of the Government or the functions of any public authority, that officer or public authority”. Insert instead “a public authority or of an officer of a public authority, that public authority or officer”.
Ethnic Affairs Commission Amendment Act 1996 No 88
Amendments Schedule 1
[ 1 1 ] Section 21A Insert after section 21 :
21A Legal consequences of principles of cultural diversity
Nothing in section 3 gives rise to, or can be taken into account in, any civil cause of action.
[Minister’s second reading speech made i n-
Legislative Assembly on 23 October 1996
Legislative Council on 30 October 1996]
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