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ABORIGINAL AND TORRES STRAIT ISLANDER ELECTED BODY REGULATION 2017 (NO 34 OF 2017)
Aboriginal and Torres Strait Islander Elected Body Regulation 2017
Subordinate law SL2017–34
made under the
Aboriginal and Torres Strait Islander Elected Body Act 2008, Section 36 (Regulation-Making Power)
EXPLANATORY
STATEMENT
Presented by
Rachel Stephen-Smith MLA
Minister for Aboriginal and Torres Strait Islander Affairs
EXPLANATORY STATEMENT
This explanatory statement relates to the
Aboriginal and Torres Strait Islander Elected Body Regulation 2017 (the
Regulation). It has been prepared in order to assist the reader of the
Regulation and to help inform debate. It does not form part of the Regulation
and has not been endorsed by the Legislative Assembly.
This
statement must be read in conjunction with the Regulation. It is not, and is not
meant to be, a comprehensive description of the Regulation. What is said about a
provision is not taken as an authoritative guide to the meaning of a provision,
this being a task for the courts.
Background
The role of the
Aboriginal and Torres Strait Islander Elected Body (ATSIEB) is to receive, and
pass on to the Minister, the views of Aboriginal and Torres Strait Islander
people living in the ACT on issues of concern to them. Further, when asked by
the Minister, provide information or advice about the views of Aboriginal and
Torres Strait Islander people.
Members of ATSIEB are elected by the
Aboriginal and Torres Strait Islander People of the ACT to represent them and to
act as an advocate on systemic or whole-of-government issues affecting their
interests.
The Aboriginal and Torres Strait Islander Elected
Body Act 2008 (the Act) was amended and the amendment came into effect on 15
July 2017. Under the amended Act, section 36 allows for the Executive to make
regulations for the Act including a prescribed code of conduct referred to in
Section 19.
Section 36 (1) of the Act allows for the Executive to
make a regulation.
Section 36 (2) defines that a regulation can
be made to make provision for an ATSIEB code of conduct, the roles and
responsibilities of the ATSIEB chair and ATSIEB deputy chair and other ATSIEB
governance matters.
While Section 36 (3) identifies that the
Executive should consult with ATSIEB before making a
regulation.
Overview
The new Regulation under the
Aboriginal and Torres Strait Islander Elected Body Act 2008 provides
clarity on how ATSIEB members should declare their pecuniary and personal
interests; defines the role of the chair and deputy chair and institutes a
prescribed code of conduct referred to in section 19.
The Code of conduct for ATSIEB members in Schedule 1 covering:
i. Honesty and fairness
ii. Care and diligence
iii. Conflict of interest
iv. Respect for privacy and reputation
v. Confidential information
vi. Accountability and transparency
vii. Mutual respect
viii. Accessibility
ix. ATSIEB chair
Regulatory impact statement
A regulatory
impact statement is not required for the Amending Regulation as it does not
impose any appreciable costs on the community, or a part of the
community.
Human Rights
The Standing Committee on Justice and
Community Safety (Legislative Scrutiny Role) terms of reference requires
consideration of human rights, among other matters. In this case, no human
rights are impacted.
Outline of Provisions
Clause 1 Name of
regulation
This clause names the regulation.
Clause 2
Commencement
This clause provides for the commencement of the
regulation.
Clause 3 Dictionary
This clause states that the
dictionary at the end of the regulation is part of the
regulation.
Clause 4 Notes
This clause identifies that the
notes within the regulation are explanatory only.
Clause 5 Code of
conduct for ATSIEB members
This clause states that the Code of Conduct
that members must comply with is in Schedule One (1) of the Regulation. It also
outlines that the code of conduct does not displace any duty or liability that
an ATSIEB member has under any law within Australia.
Clause
6 Pecuniary and personal interests declaration
This clause requires an
ATSIEB member to table a declaration of pecuniary and personal interests,
outlines the information it must contain and that ATSIEB as a body must maintain
a record of pecuniary and personal interests declarations and make the record
available to the Minister.
Transitional provisions in subsection four (4)
require current members must table a declaration of pecuniary and personal
interests within six (6) months after the regulation commences and the section
will expire after 12 months.
Clause 7 Role of ATSIEB chair
This
clause outlines the role of the chair of ATSIEB.
Clause 8 Role of
ATSIEB deputy chair
This clause outlines the role of the deputy chair of
ATSIEB.
Schedule 1 Code of conduct for ATSIEB
members
1.1 Honesty and fairness
The clause requires an
ATSIEB member must act honestly and fairly.
1.2 Care and
diligence
The clause requires an ATSIEB member must exercise reasonable
care and diligence.
1.3 Conflict of interest
The clause
requires an ATSIEB member to take all reasonable steps to avoid any actual or
perceived conflict of interest.
1.4 Respect for privacy and
reputation
The clause requires an ATSIEB member to respect the dignity
and privacy of an individual and must consider the rights and reputation of a
person before making a statement.
1.5 Confidential
information
The clause requires an ATSIEB member to not take improper
advantage of information or improperly disclose confidential information they
may receive.
1.6 Accountability and transparency
The clause
requires an ATSIEB member to not improperly use a territory resource and use
public resources in an open and accountable
way.
1.7 Mutual respect
The clause
requires an ATSIEB member in their interactions with others to be professional
and act with respect; and not bully, harass or intimidate
anyone.
1.8 Accessibility
The clause requires ATSIEB members to
be reasonably accessible to their constituents.
1.9 ATSIEB
chair
The clause outlines how the chair performs their functions under
the Act.