Multiculturalism Act 2023 (ACT)

Multiculturalism Act 2023   

A2023-3

Republication No 2

Effective:  15 February 2024

Republication date: 15 February 2024

Act not amended
(republication for commenced provisions)

About this republication

The republished law

This is a republication of the Multiculturalism Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 February 2024.  It also includes any commencement, repeal or expiry affecting this republished law. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Multiculturalism Act 2023

Contents

Page

Preamble  2

Part 1      Preliminary

1            Name of Act  3

3            Dictionary  3

4            Notes  3

Part 2      Object, important concepts and charter

5            Object of Act  4

6            Important concepts  4

7           Charter for multiculturalism  4

Part 3      Ministerial Advisory Council for Multiculturalism

8            Establishment of council  5

9            Functions of council  5

10          Director-general to give support  5

11          Membership of council  5

12          Ending appointments  6

13          Minister to give directions on council procedures  7

14          Annual report by council  7

Part 4      Obligations of administrative units and Minister

15          General obligations of administrative units  8

16          Reporting obligations of administrative units  9

17          Annual ministerial statement to Legislative Assembly  9

Part 5      Miscellaneous

18          Review of Act  10

19          Regulation-making power  10

Schedule 1 Charter for multiculturalism  11

Dictionary12

Endnotes

1            About the endnotes  13

2            Abbreviation key  13

3            Legislation history  14

4            Amendment history  14

5            Earlier republications  14

Multiculturalism Act 2023

An Act to promote multiculturalism in the ACT, and for other purposes

Preamble

The Legislative Assembly—

1acknowledges and pays respect to the first peoples and traditional custodians of the ACT and other Aboriginal and Torres Strait Islander peoples living in, or connected to, the ACT, whose lands, winds and waters we now share; and

2recognises the diverse cultures, languages and beliefs of the first peoples of the ACT, and of the many other people who make up the modern ACT community; and

3believes that multiculturalism enriches the civic, cultural, economic, educational, political and social life of the ACT; and

4recognises that people of diverse backgrounds and experiences may face different forms of discrimination and disadvantage; and

5commits to ensuring the ACT is a harmonious and unified community where individuals, regardless of their backgrounds and experiences, feel included, respected and valued.

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

Part 1Preliminary

1. Name of Act

   This Act is the Multiculturalism Act 2023.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in the Act.

   For example, the signpost definition ‘multiculturalism—see section 6.’ means that the term ‘multiculturalism’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

Part 2Object, important concepts and charter

1. Object of Act

   (1)The object of this Act is to promote multiculturalism in the ACT.

   (2)The object is to be achieved by—

   (a)establishing and promoting the charter for multiculturalism; and

   (b)establishing the council; and

   (c)providing a framework for the review and continuous development of the government’s promotion of multiculturalism.

2. Important concepts

   (1)For this Act, multiculturalism means actions, policies, principles, programs and services intended to—

   (a)engage with and respect individuals of diverse backgrounds and experiences; and

   (b)promote a better understanding of individuals’ diverse backgrounds and experiences; and

   (c)maintain an equitable, harmonious, progressive and unified community; and

   (d)benefit from diversity.

   (2)For this Act, diversity means the different ways an individual identifies and expresses themself in the community, including through their culture, language, religious or spiritual belief.

3. Charter for multiculturalism

   The charter for multiculturalism is set out in schedule 1.

Part 3Ministerial Advisory Council for Multiculturalism

1. Establishment of council

   The Ministerial Advisory Council for Multiculturalism is established.

2. Functions of council

   The functions of the council are to—

   (a)advise the Minister on—

   (i)ways to promote multiculturalism in the ACT; and

   (ii)the effectiveness of government policies, programs and other actions in promoting multiculturalism; and

   (b)consult with individuals and bodies in the ACT community about promoting multiculturalism; and

   (c)exercise any other function given to the council under a territory law.

3. Director-general to give support

   The director-general must provide administrative support and facilities for the council.

4. Membership of council

   (1)The council is made up of—

   (a)the chair; and

   (b)the deputy chair; and

   (c)9 other members.

   (2)The Minister must appoint the—

   (a)chair of the council; and

   (b)deputy chair of the council; and

   (c)other members of the council.

   NoteFor laws about appointments, see the Legislation Act, pt 19.3.

   (3)The Minister may appoint a person to the council only if the Minister is satisfied that the person—

   (a)is committed to promoting multiculturalism; or

   (b)has demonstrated leadership or expertise in contemporary issues relevant to multiculturalism.

   (4)The Minister must take all practicable steps to ensure that the membership of the council reflects diversity, including by having regard to—

   (a)gender identities; and

   (b)age groups; and

   (c)residency or immigration status; and

   (d)generations of migrants and their families.

   (5)An appointment must be for a term of not longer than 3 years.

   (6)A person must not be a member of the council for more than 2 terms.

5. Ending appointments

   The Minister may end the appointment of a council member—

   (a)for misbehaviour; or

   (b)if the Minister is satisfied that the member is, or is likely to be, unable to effectively exercise the member’s functions; or

   (c)if the member is absent, other than on leave approved by the Minister, from 2 consecutive meetings of the council.

   NoteA council member may resign from the council by giving signed notice of resignation to the Minister (see Legislation Act, s 210).

6. Minister to give directions on council procedures

   (1)The Minister must give the council a direction in relation to the procedures of the council, including—

   (a)how the council must conduct its proceedings; and

   (b)how frequently the council must meet; and

   (c)the records the council must keep or publish.

   (2)The Minister must publish, for a reasonable period, a draft of the direction for community consultation before giving the direction.

   (3)A direction is a notifiable instrument.

7. Annual report by council

   The council must prepare an annual report under the Annual Reports (Government Agencies) Act 2004, section 7.

   NoteAn annual report direction may include requirements about the council’s annual report (see Annual Reports (Government Agencies) Act 2004, s 8).

Part 4Obligations of administrative units and Minister

1. General obligations of administrative units

   The director-general of an administrative unit must—

   (a)ensure that the administrative unit—

   (i)exercises its functions in a way that promotes multiculturalism; and

   (ii)takes into account the charter for multiculturalism in exercising its functions; and

   (iii)develops, applies and reviews its policies, programs and services in a way that promotes multiculturalism; and

   (iv)consults with the council and the ACT community about how the administrative unit can promote multiculturalism; and

   (v)works with the council, other administrative units and territory agencies to promote multiculturalism; and

   (b)ensure that people in the ACT community, regardless of their diversity, have effective and equitable access to information, programs and services provided by the administrative unit.

   Examples—par (a) (iii)

   1     recruitment policies and guidance

   2     diversity of representation on boards and committees

   3     procurement policies and guidance

   4     accessible provision of translating and interpreting services

   5     encouraging public communication in languages other than English

   6     diversity action plans

2. Reporting obligations of administrative units

   (1)The director-general annual report for an administrative unit must, for a reporting year, include—

   (a)a statement about how the administrative unit has complied with section 15; and

   (b)a summary of—

   (i)comments received from any consultation carried out under section 15 (a) (iv); and

   (ii)any action taken by the administrative unit in response to the comments.

   NoteAn annual report direction may include other requirements about reporting on the charter for multiculturalism (see Annual Reports (Government Agencies) Act 2004, s 8).

   (2)In this section:

   director-general annual report—see the Annual Reports (Government Agencies) Act 2004, section 6.

   reporting year—see the Annual Reports (Government Agencies) Act 2004, dictionary.

3. Annual ministerial statement to Legislative Assembly

   The Minister must, as soon as practicable after each financial year, present to the Legislative Assembly a statement about—

   (a)how administrative units have complied with section 15 during the financial year; and

   (b)the government’s priorities and strategies to promote multiculturalism during the following financial year.

Part 5Miscellaneous

1. Review of Act

   (1)The Minister must review the operation of this Act as soon as practicable after the end of every 5 years of its operation.

   (2)The Minister must present a report of each review to the Legislative Assembly within 6 months after the day the review is started.

2. Regulation-making power

   The Executive may make regulations for this Act.

Schedule 1Charter for multiculturalism

(see s 7)

The Legislative Assembly believes our community is enriched by the long and continuous cultures of the first peoples of Australia and the diverse cultures, languages, religious or spiritual beliefs of the many other people who have made our community their home. Accordingly, we say:

Regardless of your background and experiences, and how you have come to be in the ACT—

1. you are welcome and your contributions to our community are valued

2. you are free and safe to express, practise, maintain and celebrate your cultural, religious and spiritual identity

3. you are entitled to use, preserve and share your language

4. you are free to participate as equals in the civic, cultural, economic, educational, political and social life of the ACT

5. you are entitled to equitable access to information, services and programs provided to our community

We have a shared responsibility to—

1. value the contributions of all people, regardless of their backgrounds and experiences

2. embrace and realise the benefits that diversity brings to our civic, cultural, economic, educational, political and social life

3. create a harmonious and unified community based on mutual respect, trust and understanding

4. end racism and other forms of unlawful discrimination.

Dictionary

(see s 3)

NoteThe Legislation Act contains definitions relevant to this Act. For example:

·     ACT

·     administrative unit

·     body

·     director-general (see s 163)

·     financial year

·     function

·     give

·     in relation to

·     individual

·     Legislative Assembly

·     Minister (see s 162)

·     notifiable instrument (see s 10)

·     person (see s 160)

·     territory law.

charter for multiculturalism means the charter established under section 7.

council means the Ministerial Advisory Council for Multiculturalism established under section 8.

diversity—section 6.

multiculturalism—see section 6.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Multiculturalism Act 2023 A2023-3

   notified LR 15 February 2023
   s 1, s 2 commenced 15 February 2023 (LA s 75 (1)
   pt 4 commenced 15 February 2024 (s 2 (2))
   remainder commenced 1 September 2023 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Sept 2023	1 Sept 2023– 14 Feb 2024	not amended	new Act