EXPLANATORY STATEMENT
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE COMMITTEES) REGULATIONS
Statutory Rules 1990 No. Issued by the Authority of the Minister of State for Aboriginal Affairs.
These Regulations were made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act).
Section 2 01 of the Act provides for the making of regulations by the Governor-General that are not inconsistent with the Act. Paragraph 201 (2)(b) makes provision in relation to the conduct of elections for the purposes of section 127.
The Act at Section 92 establishes a Regional Council for each region. Paragraph 91(1) sets the number of Regional Councils at 60 and these Regional Councils are listed in Schedule 1 of the Act. The functions of Regional Councils are set out in Division 3 of Part 3 of the Act and in broad terms these councils will give Aboriginals and Torres Strait Islanders more say in the administrative decisions which will affect their lives. Regional Councils will work at the community level developing regional plans to improve the economic, social and cultural lives of Aboriginals and Torres Strait Islanders.
The regulations for the election of Chairperson and Executive Committee of Regional Councils have been drafted to provide for a system of optional preferential voting in accordance with paragraph 201 (2)(b). They make provision for the election of a Chairperson and 4 Executive Members through secret ballot. The election of the Chairperson is to be concluded before the election for the council executives commences. Detailed provisions are included for nominations, polling, manner of voting, scrutiny and declaration of the polls. Schedules 1 and 2 of the Regulations detail the method of determining successful candidates.
The Regulations took effect from the date of notification in the Gazette.
Overview
The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations 1990 were enacted to provide a framework for the election of Chairpersons and Executive Committees of Regional Councils established under the Aboriginal and Torres Strait Islander Commission Act 1989. These regulations were issued by the Authority of the Minister of State for Aboriginal Affairs and aim to ensure the effective functioning of the Regional Councils, which are intended to empower Aboriginal and Torres Strait Islander communities by giving them a greater say in administrative decisions affecting their lives. The regulations introduce a system of optional preferential voting to facilitate these elections, ensuring that the process is conducted in a manner that reflects the preferences of the electorate while maintaining the integrity of the electoral process. The policy objective underpinning these regulations is to enhance the representation and participation of Aboriginal and Torres Strait Islander peoples in the administrative decisions that impact their communities, thereby fostering greater autonomy and self-determination.
Scope and Application
The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations 1990, issued under the authority of the Minister of State for Aboriginal Affairs, are subsidiary legislation crafted to govern the conduct of elections for the Chairperson and Executive Committee members of the Regional Councils established under the Aboriginal and Torres Strait Islander Commission Act 1989. These regulations apply to the 60 Regional Councils outlined in Schedule 1 of the Act, each serving distinct Aboriginal and Torres Strait Islander communities. They are designed to ensure that the election processes for these councils are conducted in a fair and transparent manner, with specific provisions for optional preferential voting, nomination procedures, polling methods, voting conduct, and the scrutiny and declaration of poll results. These regulations do not modify the overarching provisions of the Act but provide detailed operational guidelines to facilitate the democratic election of council leadership, enhancing the councils' ability to develop regional plans that positively impact the economic, social, and cultural lives of Aboriginal and Torres Strait Islander peoples.
Key Provisions
The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations (No. 3798) establish a framework for the election of Chairpersons and Executive Committees of Regional Councils as outlined in the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act). Specifically, Section 2 of the Regulations mandates that the elections must adhere to the provisions set forth in Section 201 of the Act, ensuring consistency with the overarching legislative intent. The Act, through Section 92, establishes a Regional Council for each of the 60 regions specified in Schedule 1, providing a structured administrative mechanism for Aboriginal and Torres Strait Islander communities to have a say in decisions that impact their lives. These councils are tasked with developing regional plans aimed at improving economic, social, and cultural conditions within their respective communities.
Under the Regulations, the process for electing a Chairperson and Executive Committee members is governed by Section 201(2)(b), which outlines the system of optional preferential voting. This system is intended to ensure that the most preferred candidates are elected. The election process begins with the Chairperson being elected before the election of the council executives. The Regulations provide detailed provisions for nominations, polling procedures, the manner of voting, and the scrutiny and declaration of the results. Schedules 1 and 2 further detail the method for determining successful candidates, ensuring transparency and fairness in the electoral process. These regulations ensure that the elections are conducted in a manner that is both efficient and reflective of the community's preferences.
The obligations imposed by the Regulations on the parties involved include adherence to the specified electoral procedures and timelines. Regional Councils are required to follow the detailed provisions for conducting nominations, ensuring that all eligible candidates have the opportunity to stand. The conduct of polling must comply with the regulations, including the use of secret ballots to maintain the integrity of the electoral process. Furthermore, the scrutiny and declaration of the poll results must be conducted in a transparent manner to ensure that the elected officials truly represent the preferences of the community. Failure to comply with these obligations could result in the election being declared invalid, thereby undermining the legitimacy of the elected officials.
The Regulations also stipulate consequences for non-compliance with the electoral procedures. Any breach of the provisions outlined in the Regulations could result in civil or criminal penalties. For instance, if the election process is not conducted in accordance with the specified methods, it could lead to legal challenges and potential disqualification of elected officials. Additionally, there may be administrative penalties imposed by the relevant authorities, which could include fines or other sanctions. The exact nature and severity of these penalties are not explicitly detailed in the Regulations but are subject to the general legal framework governing administrative and electoral law in Australia.