Torres Strait Regional Authority Decision Making Principles

TORRES STRAIT REGIONAL AUTHORITY DECISION MAKING PRINCIPLES

As amended by the Torres Strait Regional Authority Board on 5-6 September 2023

1.   Foreword

1.1               Sections 142F to 142GA of the Aboriginal and Torres Strait Islander Act 2005 (the Act) empower the Torres Strait Regional Authority (TSRA) to make grants and loans and to give guarantees for the purpose of furthering the social, economic and cultural development of Torres Strait Islanders and Aboriginal persons living in the Torres Strait area. 

1.2               Section 142K of the Act states that:

1. The TSRA must formulate written principles (the 'decision-making principles'), not inconsistent with the objects of this Act, in relation to:

(a)      the making of grants and loans under section 142F or 142GA; and

(b)      the giving of guarantees under section 142G. 

2.              Subject to section 144ZD, the TSRA must perform its functions and exercise its powers under sections 142F, 142G, and 142GA in accordance with applicable provisions of the decision-making principles in force from time to time.

3.              Without limiting the operation of the Freedom of Information Act 1982, the TSRA General Manager must ensure that copies of the decision-making principles as in force from time to time are available for inspection and purchase at each of the TSRA’s offices.

4.              The TSRA General Manager must cause notice of the making of decision-making principles to be published in the Gazette.

1.3               The following Decision-Making Principles are made pursuant to section 142K.

2.   Decision-Making Principles

2          

2.1   The TSRA will not exercise its powers under sections 142F, 142G or 142GA of the Act unless:

1. the request for a grant, loan or guarantee is made by the applicant in writing;
2. in the case of a request for grant funding, the applicant is

(i)                  a body corporate, or

(ii)                the State of Queensland or an authority of the State of Queensland (including local government bodies), or

(iii)               an entity of the Commonwealth of Australia, or

(iv)               an individual or unincorporated body applying for business funding. However the TSRA will consider on merit, and in special circumstances approve, requests for grant funding from unincorporated bodies and individuals for other than business funding;

c.              in a case where a person seeks grant funding under a program where eligibility is limited to Torres Strait Islanders and Aboriginal persons, the applicant has demonstrated to the satisfaction of the TSRA that he or she is a Torres Strait Islander or an Aboriginal person living in the Torres Strait area.  In making a decision on eligibility the TSRA will take into account any evidence which it considers relevant, including but not limited to evidence from recognised organisations;

d.              in the case of a request for a loan,

(i)             the request is for:

1. a commercial activity eligible for business funding; or
2. housing under the Home Ownership program;

(ii)           the applicant is a Torres Strait Islander or an Aboriginal person living in the Torres Strait area, or a body which is controlled directly or indirectly by Torres Strait Islanders or Aboriginal persons or both, living in the Torres Strait area. However, the TSRA will consider on merit, and in special circumstances approve, a request by a person who is not a Torres Strait Islander or an Aboriginal person or by a body which is not a body controlled by Torres Strait Islanders or Aboriginal persons (or both);

e.              where funding is requested for commercial as distinct from community purposes, the applicant protects the community assets (including CDEP assets) the acquisition of which was funded by TSRA or its predecessors, by separately incorporating the commercial business.

2.2   The TSRA shall not make a grant of money under the section 142F or 142GA of the Act to: –

1. a body politic; 
2. a body corporate;
3. an unincorporated body; or
4. for the purpose of business funding, to an individual who is eligible to be registered for an Australian Business Number under A New Tax System (Australian Business Number) Act 1999

unless the body politic, body corporate, unincorporated body or individual has been registered for an Australian Business Number under A New Tax System (Australian Business Number) Act 1999.

2.3   The TSRA shall not make a loan of money under section 142F or 142GA of the Act to: –

1. a body politic;
2. a body corporate; 
3. an unincorporated body; or
4. an individual who is eligible to be registered for an Australian Business Number under A New Tax System (Australian Business Number) Act 1999

unless the body politic, body corporate or the unincorporated body or the individual has been registered for an Australian Business Number under A New Tax System (Australian Business Number) Act 1999.

2.4   Where a funding decision is made under section 142F, 142G or 142GA of the Act:

1. the decision-maker must record the reasons for the funding decision;
2. the reasons for a funding decision must be communicated to the applicant using appropriate and effective methods of communication in a reasonable time-frame;

1.    Where the TSRA has made a policy decision concerning the global allocation of funds available for grant, loan or guarantee under sections 142F, 142G or 142GA of the Act, it may nevertheless consider on its merits any application for a grant, loan or guarantee under these provisions which may fall outside the allocation, provided that the application is made in accordance with applicable procedural requirements.
2.    In making decisions under section 142F, 142G and 142GA of the Act the TSRA will:
   1. apply TSRA policy as set out in Program Statements;
   2. follow the funding procedures relevant to the category of funding set out in the TSRA’s Funding Procedures Handbook and Program Statements, as amended from time to time