Aboriginal and Torres Strait Islander Commission (Supervision of Debts) Directions 2004
I, AMANDA ELOISE VANSTONE, Minister for Immigration and Multicultural and Indigenous Affairs, give these Directions to the Aboriginal and Torres Strait Islander Commission under subsection 12 (1) of the Aboriginal and Torres Strait Islander Commission Act 1989.
Dated 10th May 2004
A Vanstone
Minister for Immigration and Multicultural and Indigenous Affairs
1 Name of Directions
These Directions are the Aboriginal and Torres Strait Islander Commission (Supervision of Debts) Directions 2004 .
2 Commencement
These Directions commence when they are given to the Aboriginal and Torres Strait Islander Commission.
3 Definition
In this Direction:
Commission means the Aboriginal and Torres Strait Islander Commission;
receiver‑manager means a receiver‑manager appointed by the Commission in connection with a debt owed to the Commission.
4 Commission may dismiss receiver‑manager
(1) The Commission may dismiss or otherwise remove a receiver‑manager if, and only if, the conditions set out in subclause (2) are satisfied.
(2) The Commission must not dismiss or otherwise remove a receiver‑manager mentioned in subclause (1) unless the Commission has given the Minister 60 days notice, in writing, of its decision.
(3) The Commission must give the Minister a statement of the reasons for its decision at the same time that it gives written notice to the Minister in accordance with subclause (2).
Overview
The Aboriginal and Torres Strait Islander Commission (Supervision of Debts) Directions 2004 were introduced to provide a framework for the supervision and management of debts owed to the Aboriginal and Torres Strait Islander Commission (ATSIC). Enacted by Amanda Vanstone, the Minister for Immigration and Multicultural and Indigenous Affairs, these directions aim to ensure that any dismissal or removal of a receiver-manager appointed by ATSIC is conducted in a transparent and accountable manner. The policy objective is to maintain oversight and ensure that decisions regarding the dismissal of receiver-managers are made with due consideration and proper notification to the relevant authorities. These directions serve to uphold the integrity of debt management processes within ATSIC and to provide a safeguard against arbitrary actions.
Scope and Application
The Aboriginal and Torres Strait Islander Commission (Supervision of Debts) Directions 2004 apply to the Aboriginal and Torres Strait Islander Commission, specifically concerning the dismissal and appointment of receiver-managers in relation to debts owed to the Commission. This legislative instrument provides a framework for the procedural requirements that the Commission must adhere to when dismissing a receiver-manager, including the need to notify the Minister for Immigration and Multicultural and Indigenous Affairs at least 60 days prior to the decision and to provide a written statement of reasons for such a decision. The Directions are applicable within the jurisdiction governed by the Aboriginal and Torres Strait Islander Commission Act 1989 and come into effect immediately upon their issuance to the Commission. Notably, these Directions do not specify any exclusions or exemptions from their application, nor do they detail any thresholds or subordinate instruments that might extend or restrict their scope.
Key Provisions
The Aboriginal and Torres Strait Islander Commission (Supervision of Debts) Directions 2004 provide a framework for the Commission to supervise debts owed to it through appointed receiver-managers. Section 1 names these Directions, while Section 2 establishes that they commence upon being given to the Commission. Section 3 defines key terms such as "Commission" and "receiver-manager". Section 4(1) allows the Commission to dismiss or remove a receiver-manager if specific conditions are met, which are detailed in Section 4(2). According to Section 4(2), the Commission cannot dismiss or remove a receiver-manager without first providing the Minister with 60 days written notice of its decision. Additionally, Section 4(3) requires the Commission to furnish the Minister with a statement of reasons for its decision at the same time as the written notice.
The Act imposes several obligations on the parties involved. The Commission must adhere strictly to the notice and reason-giving requirements outlined in Section 4 when considering the dismissal or removal of a receiver-manager. This ensures transparency and accountability in the decision-making process. The Commission must also ensure that all actions taken in relation to the dismissal or removal of a receiver-manager are in accordance with the provisions set out in the Directions. Failure to comply with these obligations could potentially render any action taken by the Commission invalid or subject to review.
While the Directions themselves do not explicitly outline specific offences, penalties, or consequences for breach, any actions taken by the Commission that contravene the requirements of the Directions could lead to legal challenges or repercussions. For example, if the Commission fails to provide the required 60 days written notice to the Minister or does not give a statement of reasons, the validity of any decision to dismiss or remove a receiver-manager could be questioned. Such breaches might also result in the affected receiver-manager or other stakeholders seeking judicial review or other legal remedies to address the non-compliance. However, the precise civil or criminal consequences for such breaches are not specified within the Directions themselves but would likely be determined through the relevant legal processes.