EXPLANATORY STATEMENT
Issued by the Minister for Families, Housing, Community Services and Indigenous Affairs
Aboriginal and Torres Strait Islander Act 2005
Torres Strait Regional Authority Section 142S Declaration 2008
The Torres Strait Regional Authority Section 142S Declaration 2008 (the Declaration) is made under subsection 142S of the Aboriginal and Torres Strait Islander Act 2005 (the Act). Subsection 142S(1) provides that the Minister may declare that the Minister is satisfied that the Torres Strait Regional Authority (TSRA) would best be able to represent the Torres Strait Islanders and Aboriginal persons living in the Torres Strait area if it consisted of, or included, persons elected to represent particular communities under the Queensland Act. This declaration is a disallowable instrument.
The definition of the Queensland Act is the Community Services (Torres Strait) Act 1984 of Queensland and includes any law that replaces that Act. On 22 November 2007 the Community Services (Torres Strait) Act 1984 was replaced by amendments to the Local Government Act 1993 (Qld). For the purposes of the Act the relevant provisions of the Local Government Act 1993 are now defined as the Queensland Act.
Subsection 142S(2) of the Act provides that the Minister’s Notice must set out details of how the TSRA is to be constituted and may include provision for some of the members to be elected under the Queensland Act to represent particular communities in the Torres Strait.
Under the existing declaration the TSRA comprises 20 members. Of these 18 hold office because they are elected under the Queensland Act and 2 are elected under the Act to represent the Port Kennedy Ward (which covers the southern half of Thursday Island) and the Horn/Prince of Wales Islands Ward.
The Queensland Local Government Act provides for councillors to be elected to local governments across the State. The Queensland Act provides for the election of councillors to the Torres Strait Island Regional Council (TSIRC) and the Northern Peninsula Aboriginal Regional Council (NPARC). To be eligible to stand for election to the TSIRC a candidate must be an Aboriginal or Torres Strait Islander and have lived in the relevant area for 2 years. There are no corresponding requirements for candidates for election to NPARC which includes the areas Bamaga and Seisia.
In order to give effect to the Act's intention that Aboriginal and Torres Strait Islanders living in the Torres Strait area be represented on the TSRA, this notice revokes the former notice made under s 142S and makes provision for the following:
- 15 members of the TSRA will be those persons representing each of the 15 island regions elected to the newly-created Torres Strait Islands Regional Council (TSIRC) under the Queensland Act, ;
- 2 members will be those persons elected to the newly created Northern Peninsula Aboriginal Regional Council (NPARC), under the Queensland Act representing Bamaga and Seisia (which have links to the Torres Strait); and
- 3 members will be elected under the Act representing the two existing wards of Port Kennedy, Horn/Prince of Wales Islands and the proposed new ward of TRAWQ (being an amalgam of Tamwoy, Rosehill, Aplin, Waiben and Quarantine, which comprises roughly the northern half of Thursday Island).
- If the person elected to represent either Bamaga or Seisia under the Queensland Act is not an Aboriginal or Torres Strait Islander then an election held in accordance with Part 3A, Division 5 of the Act will be conducted to elect the member for the ward of Bamaga or Seisia. This election will be held in accordance with the Act and any rules for elections made under the Act.
Notes on provisions
Rule 1 specifies the name of the Declaration.
Rule 2 provides that the Declaration commences on the day after registration on the Federal Register of Legislative Instruments.
Rule 3 provides definitions for some of the terms and expressions used in the Declaration.
Rule 4 is the Minister’s declaration.
Sub Rule 5(1) revokes the previous notice
Sub Rule 5(2) is a savings provision. This provision ensures the continued operation of the TSRA as constituted before the amendments to the Queensland Act until the election of all the members of the TSRA under this Act and the Queensland Act are concluded. This allows the TRSA to continue to conduct its business during the period of the elections for members. Office holders would continue in office until new elections for office holders under the Act are conducted when the newly constituted TSRA meets for the first time.
Rule 6 provides for the TSRA to constitute members that are determined on the basis of.
- 15 members of the TSRA will be those persons representing each of the 15 island regions elected to the newly-created Torres Strait Islands Regional Council (TSIRC) under the Queensland Act, ;
- 2 members will be those persons elected to the newly-created Northern Peninsula Aboriginal Regional Council (NPARC), under the Qld Act representing Bamaga and Seisia (which have links to the Torres Strait); and
- 3 members elected under the Act representing the two existing wards of Port Kennedy, Horn/Prince of Wales Islands and the proposed new ward of TRAWQ (being an amalgam of Tamwoy, Rosehill, Aplin, Waiben and Quarantine, which comprises roughly the northern half of Thursday Island)
- If the person elected to represent either Bamaga or Seisia under the Queensland Act is not an Aboriginal or Torres Strait Islander then an election held in accordance with Part 3A, Division 5 of the Act will be conducted to elect the member for the ward of Bamaga or Seisia. This election will be held in accordance with the Act and any rules for elections made under the Act.
Rule 7 sets out the method and timing of election of members of the TSRA. This Rule displaces the provision under 142Y of the Act.
Rule 8 provides for the term of office of the TSRA members elected under the Queensland Act and for those members elected under the Act including those elected for Bamaga and Seisia wards if elected under the Act.
Consultation
The Torres Strait Regional Authority and the Australian Electoral Commission have been consulted in the drafting of this declaration.
Regulatory Impact Analysis
Amendments arise as a consequence of changes to Queensland legislation. No changes to substantive obligations under the Act arise.