Australian Capital Territory Numbered Regulations

ABORIGINAL AND TORRES STRAIT ISLANDER ELECTED BODY REGULATION 2017 (NO 34 OF 2017) - SCHEDULE 1

Schedule 1     Code of conduct for ATSIEB members

(see s 5)

1.1     Honesty and fairness

    (1)     An ATSIEB member must act honestly and fairly in exercising the member's functions under the Act.

    (2)     In conducting ATSIEB business, an ATSIEB member must not apply improper influence, favouritism or patronage.

1.2     Care and diligence

An ATSIEB member must exercise reasonable care and diligence in exercising the member's functions under the Act, including by—

        (a)     attending meetings; and

        (b)     participating in discussions; and

        (c)     reading papers; and

        (d)     raising any concerns.

1.3     Conflict of interest

    (1)     An ATSIEB member must take all reasonable steps to avoid any actual or perceived conflict of interest in exercising the member's functions under the Act.

    (2)     An ATSIEB member must declare a conflict of interest that cannot reasonably be avoided.

Note     An ATSIEB member must disclose a material interest in an issue being considered by ATSIEB—see the Act

, s 27.

1.4     Respect for privacy and reputation

    (1)     In exercising functions under the Act, an ATSIEB member must respect the dignity and privacy of individual members of the Aboriginal and Torres Strait Islander people living in the ACT.

    (2)     An ATSIEB member must consider the rights and reputation of a person before making a statement in relation to the person to another member, the community or the ACT Government.

1.5     Confidential information

    (1)     An ATSIEB member must not take improper advantage of information gained through being an ATSIEB member.

    (2)     An ATSIEB member must not improperly disclose confidential information the member has obtained through being an ATSIEB member.

Example—improper disclosure

forwarding an email intended only for the confidential consideration of ATSIEB members to a person who is not an ATSIEB member

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

1.6     Accountability and transparency

    (1)     An ATSIEB member must not improperly use a territory resource.

    (2)     An ATSIEB member must use public resources in an open and accountable way.

1.7     Mutual respect

    (1)     In exercising functions under the Act, an ATSIEB member must treat other members, ACT Government employees and the public professionally and with respect.

    (2)     In exercising functions under the Act, an ATSIEB member must not bully, harass or intimidate anyone.

1.8     Accessibility

    (1)     An ATSIEB member must ensure that the member is reasonably accessible to the Aboriginal and Torres Strait Islander people of the ACT.

    (2)     An ATSIEB member must conscientiously represent the interests of Aboriginal and Torres Strait Islander people of the ACT.

1.9     ATSIEB chair

The ATSIEB chair must perform the chair's functions under the Act in a way that—

        (a)     encourages ATSIEB to make decisions; and

        (b)     encourages all ATSIEB members to participate in discussions; and

        (c)     ensures that discussions are fair and open; and

        (d)     maintains a constructive working relationship with government agencies and other stakeholders.