EXPOSURE DRAFT. Australian Multicultural Bill 2017 No., 2017

Transcription

1 0-0 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Australian Multicultural Bill 0 No., 0 (Senator Di Natale) A Bill for an Act to establish the Australian Multicultural Commission, and for related purposes

2

3 Contents Part Preliminary Short title... Commencement... Definitions... Objects of this Act... Simplified outline of this Act... Part Application of this Act Act applies throughout Australia... Alternative constitutional basis... Interaction with State and Territory laws... Extent to which Act binds the Crown... Part Australia s multicultural policy 0 Australia s multicultural policy... Part Implementation of Australia s multicultural policy Division Application of Australia s multicultural policy Commonwealth entities to recognise, promote and comply with Australia s multicultural policy... Multicultural policy application orders for corporate Commonwealth entities and Commonwealth companies... Division Reporting Annual reporting by Commonwealth entities... Annual reporting by Commonwealth companies... Part Australian Multicultural Commission Division Establishment and functions Australian Multicultural Commission... Functions of the Commission... General powers of the Commission... General policy guidelines for the Commission... Flexibility and range of working methods in performance of Commission s functions... Division Constitution and operation 0 Members of the Commission... Validity of decisions... Chair of the Commission... Staff of the Commission... No., 0 Australian Multicultural Bill 0 i

4 Deputy Chair of the Commission... Acting Chair of the Commission... When the Commission is to meet... Procedure at meetings... Division Inquiries Matters in relation to which the Commission may conduct inquiries... Commission not to inquire into conduct of intelligence agencies Main purpose of inquiry is to make recommendations... 0 Initiating inquiries... 0 Commission s general discretion as to how to conduct inquiries... Commission to report to Minister on inquiry... Minister to table report on inquiry in Parliament... Part Miscellaneous Delegation... Annual report... Legislative rules... ii Australian Multicultural Bill 0 No., 0

5 A Bill for an Act to establish the Australian Multicultural Commission, and for related purposes The Parliament of Australia enacts: Part Preliminary Short title This Act is the Australian Multicultural Act 0. No., 0 Australian Multicultural Bill 0

6 Part Preliminary Section Commencement () Each provision of this Act specified in column of the table commences, or is taken to have commenced, in accordance with column of the table. Any other statement in column has effect according to its terms. Commencement information Column Column Column Provisions Commencement Date/Details. Sections and and anything in this Act not elsewhere covered by this table. Sections to The day after this Act receives the Royal Assent. The later of: (a) the day after this Act receives the Royal Assent; and (b) the day after the Consolidated Revenue Fund is appropriated to fund the establishment of the Australian Multicultural Commission. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. 0 () Any information in column of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Definitions In this Act: accountable authority has the same meaning as in the PGPA Act. Australia s multicultural policy: see section 0. Commission means the body corporate established under section under the name Australian Multicultural Commission. Australian Multicultural Bill 0 No., 0

7 Preliminary Part Section Commonwealth company has the same meaning as in the PGPA Act. Commonwealth conduct means: (a) conduct engaged in by or on behalf of any of the following: (i) the Commonwealth; (ii) a Commonwealth entity; (iii) the Government of a Territory; (iv) a Territory authority; or (b) conduct engaged in in accordance with a Commonwealth law or a Territory law; or (c) conduct engaged in within a Territory. Commonwealth entity has the same meaning as in the PGPA Act. corporate Commonwealth entity has the same meaning as in the PGPA Act. inquiry means an inquiry under Division of Part. intelligence agency has the same meaning as in the Inspector-General of Intelligence and Security Act. law means any of the following (or a provision of any of the following): (a) an Act; (b) regulations, or any other instrument, made under an Act; (c) any other legislation that applies as a law of the Commonwealth, a State or a Territory because of an Act, or because of regulations or an instrument referred to in paragraph (b). multicultural policy application order: see subsection (). PGPA Act means the Public Governance, Performance and Accountability Act 0. Objects of this Act The objects of this Act are as follows: No., 0 Australian Multicultural Bill 0

8 Part Preliminary Section (a) to promote full participation by Australia s diverse communities in the social, cultural, economic and political life of Australia; (b) to promote access by Australia s diverse communities to services made available by governments and other bodies; (c) to encourage all of Australia s diverse communities to retain and express their social identity and cultural inheritance and to promote mutual respect; (d) to promote cooperation between bodies concerned with multicultural affairs and diversity; (e) to promote unity, understanding and harmony among Australia s diverse communities; (f) to promote a better understanding of Australia s diverse communities; (g) to promote the social, cultural and economic benefits of diversity; (h) to promote community service as a principle that builds a stronger society. Simplified outline of this Act This Act enshrines the principles of multiculturalism and diversity, establishes the Australian Multicultural Commission and outlines annual reporting requirements for Commonwealth entities. Part of the Act provides for how the Act will apply in Australia and for the constitutional basis of the Act. Australia s multicultural policy is set out in Part of the Act. This Act provides a legislative basis for that policy. Part of the Act requires Commonwealth entities to give effect to Australia s multicultural policy and makes provision for the Minister to direct corporate Commonwealth entities and Commonwealth companies to apply aspects of Australia s multicultural policy. This Part also contains reporting requirements to ensure transparency. Australian Multicultural Bill 0 No., 0

9 Preliminary Part Section Part of the Act provides for the establishment and operation of the Australian Multicultural Commission. The Commission may conduct inquires on its own initiative or at the request of the Minister and report the outcomes of those inquiries to the Minister. The Minister must table the reports in both Houses of Parliament, and publish the reports. Part of the Act provides for miscellaneous matters. No., 0 Australian Multicultural Bill 0

10 Part Application of this Act Section 0 0 Part Application of this Act Act applies throughout Australia () This Act applies throughout Australia. () This Act applies to conduct engaged in in Australia, even if the conduct involves persons or things, or matters arising, outside Australia. Alternative constitutional basis () Without limiting its effect apart from this section, this Act also has effect as provided by this section. () This Act has effect to the extent that it: (a) gives effect to the human rights instruments; or (b) relates to matters of international concern. () For the purposes of subsection (), the human rights instruments are the following: (a) the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on December ([] ATS 0); (b) the International Covenant on Economic, Social and Cultural Rights done at New York on December ([] ATS ); (c) the International Covenant on Civil and Political Rights done at New York on December ([0] ATS ). () This Act also has the effect it would have if each reference in this Act to a corporate Commonwealth entity, a Commonwealth company or a subsidiary were limited so that it applies only if the entity, company or subsidiary is a corporation to which paragraph (xx) of the Constitution applies. Australian Multicultural Bill 0 No., 0

11 Application of this Act Part Section Interaction with State and Territory laws This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act. Extent to which Act binds the Crown This Act binds the Crown in right of the Commonwealth but, except as otherwise expressly provided by this Act, does not bind the Crown in right of a State. No., 0 Australian Multicultural Bill 0

12 Part Australia s multicultural policy Section Part Australia s multicultural policy 0 Australia s multicultural policy () This Part sets out Australia s multicultural policy. () It is the policy of the Australian government: (a) to recognise the first nation s people and that Australia has been a proudly multicultural country since before British arrival; and (b) to recognise that Australians come from diverse cultural backgrounds and that multiculturalism is a fundamental aspect of Australian heritage; and (c) to protect the equal treatment of individuals under the law, while respecting the cultural, linguistic and religious diversity of those individuals; and (d) to foster an appreciation of diverse cultures and to advance community harmony in Australia by demonstrating a national commitment to the value of diversity; and (e) to encourage and assist the institutions of Australia to be inclusive of our multicultural community; and (f) to ensure that all Australians are equally entitled to participate and contribute to the social, cultural, economic and political life of Australia; and (g) to ensure that all Australians are able to confidently access Government funded services. Australian Multicultural Bill 0 No., 0

13 Implementation of Australia s multicultural policy Part Application of Australia s multicultural policy Division Section Part Implementation of Australia s multicultural policy Division Application of Australia s multicultural policy Commonwealth entities to recognise, promote and comply with Australia s multicultural policy The accountable authority of a Commonwealth entity must govern the entity in a way that: (a) recognises Australia s multicultural policy; and (b) promotes the achievement of Australia s multicultural policy; and (c) ensures that the Commonwealth entity complies with Australia s multicultural policy in performing its functions and exercising its duties and powers, including in relation to: (i) the provision of government services; and (ii) the development and implementation of government policies. Multicultural policy application orders for corporate Commonwealth entities and Commonwealth companies () The Minister may make an order (a multicultural policy application order) that specifies how Australia s multicultural policy is to apply in relation to one or more corporate Commonwealth entities or Commonwealth companies. () Before making a multicultural policy application order that applies in relation to an entity or company, the Minister must consult with the entity or company on the application of the policy. () The accountable authority of a corporate Commonwealth entity, or a director of a Commonwealth company (as the case may be), must ensure that a multicultural policy application order that applies to the entity or company is complied with: (a) in relation to the entity or company; and No., 0 Australian Multicultural Bill 0

14 Part Implementation of Australia s multicultural policy Division Application of Australia s multicultural policy Section (b) in relation to any subsidiary of the entity or company, so far as practicable. () A multicultural policy application order is a legislative instrument. 0 Australian Multicultural Bill 0 No., 0

15 Implementation of Australia s multicultural policy Part Reporting Division Section 0 0 Division Reporting Annual reporting by Commonwealth entities () The annual report prepared by a Commonwealth entity and given to the Minister under section of the PGPA Act for a period must include the following: (a) a summary of actions undertaken by the entity during that period to promote the achievement of Australia s multicultural policy; (b) particulars of any occasion or circumstance during the period in which the entity: (i) failed to comply with Australia s multicultural policy in performing its functions or exercising its duties and powers; or (ii) if a multicultural policy application order applied to the entity during the period failed to comply with the order; (c) the use of interpreting and translating services by the entity during the period; (d) communications in languages other than English made by the entity during the period; (e) the extent to which people from diverse backgrounds were represented during the period on boards and committees established by the entity or for which the entity was administratively responsible; (f) the collection of statistical data during the period to enable the development of policies, programs and practices sensitive and responsive to the multicultural character of Australia. () For the purposes of paragraph ()(e), a person has a diverse background if at least one parent of the person was born overseas. No., 0 Australian Multicultural Bill 0

16 Part Implementation of Australia s multicultural policy Division Reporting Section 0 Annual reporting by Commonwealth companies The annual report prepared by a Commonwealth company and given to the Minister under section of the PGPA Act for a period must include the following: (a) whether any multicultural policy application orders applied to the company during the period; (b) if a multicultural policy application order applied to the company during the period particulars of any occasion or circumstance during the period in which the company failed to comply with the order. Australian Multicultural Bill 0 No., 0

17 Australian Multicultural Commission Part Establishment and functions Division Section 0 0 Part Australian Multicultural Commission Division Establishment and functions Australian Multicultural Commission () The Australian Multicultural Commission is established. () For the purposes of the finance law (within the meaning of the PGPA Act): (a) the Commission is a listed entity; and (b) the Chair is the accountable authority of the Commission; and (c) the following persons are officials of the Commission: (i) the Chair; (ii) the other members; (iii) the staff of the Commission referred to in section ; and (d) the purposes of the Commission include the functions of the Commission referred to in section. Functions of the Commission () The functions of the Commission are: (a) to ensure that the objects of this Act are met to the maximum extent that is practicable; and (b) to provide a single coordination point for providing integrated responses to the government to issues associated with cultural diversity; and (c) to research, report on and advise the Minister on systemic community issues relating to the objectives of the Commission: (i) that are identified through community consultation; or (ii) that relate to the adequacy of government services, support or service delivery for diverse communities; and No., 0 Australian Multicultural Bill 0

18 Part Australian Multicultural Commission Division Establishment and functions Section (d) to investigate, report and make recommendations to the Minister on any matter referred to it by the Minister; and (e) to advise the Minister on factors inhibiting the development of harmonious community relations and on barriers to the participation of Australia s diverse communities in the social, cultural, economic and political life of Australia; and (f) to advise, and make recommendations to, the Australian Human Rights Commission on matters relating to discrimination and racial vilification, and to refer matters relating to discrimination and racial vilification to that Commission; and (g) to undertake systematic and wide-ranging consultation with bodies and people to: (i) determine the needs of Australia s diverse communities; and (ii) promote the objectives of the Commission; and (h) to develop and maintain partnerships between community organisations which provide assistance, support and service delivery for diverse communities; and (i) to develop and maintain harmonious community relations between all relevant groups in the context of Australia s diverse communities; and (j) to perform any other function conferred on it by this Act; and (k) to do anything incidental to any of the preceding functions. General powers of the Commission () The Commission has power to do everything necessary or convenient to be done for, or in connection with, the performance of its functions. () The Chair may enter into contracts or agreements on behalf of the Commission for, or in connection with, carrying out the objectives or performing the functions of the Commission. General policy guidelines for the Commission () In performing its functions, the Commission must have regard to the need: Australian Multicultural Bill 0 No., 0

19 Australian Multicultural Commission Part Establishment and functions Division Section 0 (a) to promote Australia s multicultural policy; and (b) for Australia to meet its international obligations and commitments that are in respect of, or that relate to, multiculturalism. () In performing its functions, the Commission must also have regard to any other matters notified to it in writing by the Minister. Flexibility and range of working methods in performance of Commission s functions In performing its functions, the Commission: (a) is not required to act in a formal manner; and (b) may inform itself on any matter in any way it thinks fit; and (c) may consult with anyone it thinks fit; and (d) may receive written or oral information or submissions; and (e) may hold public seminars, conduct workshops and establish working groups and task forces. No., 0 Australian Multicultural Bill 0

20 Part Australian Multicultural Commission Division Constitution and operation Section Division Constitution and operation 0 Members of the Commission () The Commission consists of: (a) a Chair; and (b) a Deputy Chair; and (c) a member who is a youth representative, being a person who is aged at least years but no more than years at the time of his or her appointment; and (d) a member who is a representative of a community organisation; and (e) eight other members. () Members are to be appointed by the Governor-General on the recommendation of the Minister. () In recommending a person for appointment as a member, the Minister must have regard to the desirability of having people of diverse backgrounds on the Commission, as well as people of different occupational and social backgrounds, including people who normally reside in different parts of Australia. () The following persons may not be recommended for appointment as a member: (a) a member of a Parliament of Australia or of a State or Territory; (b) a Councillor; (c) an electorate officer; (d) a Ministerial officer; (e) a Parliamentary adviser. () A member of the Commission: (a) holds office for the term, not exceeding years, that is specified in his or her instrument of appointment; and (b) must be appointed on a part-time basis unless appointed as the Chair; and Australian Multicultural Bill 0 No., 0

21 Australian Multicultural Commission Part Constitution and operation Division Section 0 0 (c) is eligible for re-appointment to a second or third term; and (d) may be removed from office at any time by the Governor-General on the recommendation of the Minister. () A member: (a) holds office on the terms and conditions specified in his or her instrument of appointment; and (b) may resign from office by delivering a signed letter of resignation to the Minister. () The office of a member becomes vacant if he or she fails, without giving prior notice to the Chair, to attend consecutive meetings of the Commission of which he or she has received notice. Validity of decisions An act or decision of the Commission is not invalid merely because of: (a) a defect or irregularity in, or in connection with, the appointment of a member of the Commission; or (b) a vacancy in the membership of the Commission. Chair of the Commission () The Governor-General, on the recommendation of the Minister, must appoint one of the members of the Commission to be the Chair of the Commission. () The Governor-General must appoint the Chair to act on a full-time basis. () The Chair must not directly or indirectly engage in any other paid employment or carry on a business, profession or trade without the consent of the Minister. Staff of the Commission () The staff necessary to assist the Commission shall be persons engaged under the Public Service Act. No., 0 Australian Multicultural Bill 0

22 Part Australian Multicultural Commission Division Constitution and operation Section 0 0 () For the purposes of the Public Service Act : (a) the Chair and the APS employees assisting the Chair together constitute a Statutory Agency; and (b) the Chair is the head of that Statutory Agency. Deputy Chair of the Commission The Governor-General, on the recommendation of the Minister, must appoint one of the members of the Commission to be the Deputy Chair of the Commission. Acting Chair of the Commission () The Minister may appoint a member of the Commission to act as the Chair during a vacancy in the office of the Chair. () An Acting Chair is appointed for the period, not exceeding months, specified in his or her instrument of appointment as the Acting Chair. () An Acting Chair is subject to the terms and conditions specified in his or her instrument of appointment as the Acting Chair. When the Commission is to meet () The Chair must ensure that there are at least meetings of the Commission each year. () The dates of meeting are to be determined by the Chair. () If more than half of the members of the Commission request in writing for a meeting to be held on a particular date, the Chair must organise a meeting to be held on that date. The meeting must be organised at least days prior to that date. Procedure at meetings () The Chair or, in his or her absence, the Deputy Chair or, in the absence of both the Chair and Deputy Chair, a member of the Commission elected by the members present at the meeting, must preside at a meeting of the Commission. Australian Multicultural Bill 0 No., 0

23 Australian Multicultural Commission Part Inquiries Division Section () The quorum for a meeting of the Commission is half of the members for the time being. () A question arising at a meeting of the Commission is determined by a majority of the votes of the members present and voting on the question. () The person presiding at a meeting has a deliberative vote and, in the event of an equal number of votes on any question, a second or casting vote. () The person presiding at a meeting must ensure that the decisions made at the meeting are recorded in writing. () The Chair must ensure that a copy of any such decisions are given to the Minister within days after the meeting. () Subject to this Act, the Commission may regulate its own procedure. Division Inquiries Matters in relation to which the Commission may conduct inquiries The Commission may conduct inquiries into any of the following: (a) whether Commonwealth conduct is contrary to Australia s multicultural policy; (b) the laws that should be made by the Commonwealth Parliament: (i) in relation to a matter covered by the objects of this Act; or (ii) to better promote Australia s multicultural policy; (c) any action that should be taken by the Commonwealth, or by the Government of a Territory: (i) in relation to a matter covered by the objects of this Act; or (ii) to better promote Australia s multicultural policy; No., 0 Australian Multicultural Bill 0

24 Part Australian Multicultural Commission Division Inquiries Section 0 0 (d) any other action that should be taken by Australia to better comply with Australia s multicultural policy. Commission not to inquire into conduct of intelligence agencies The Commission must not conduct an inquiry into conduct: (a) engaged in by an intelligence agency; or (b) that is otherwise related to the activities of an intelligence agency. 0 Main purpose of inquiry is to make recommendations The main purpose of an inquiry is for the Commission: (a) to consider whether any recommendations should be made in relation to the matter that is the subject of the inquiry; and (b) if the Commission considers that recommendations should be made to include those recommendations in a report to the Minister under section. Initiating inquiries Commission may initiate inquiries () The Commission may, on its own initiative, conduct an inquiry into a particular matter covered by section if the Commission considers that conducting the inquiry: (a) will or may advance the objects of this Act; and (b) is in the public interest. Minister may initiate inquiries () The Minister may, in writing, request the Commission to conduct an inquiry into a particular matter covered by section if the Minister considers that conducting the inquiry: (a) will or may advance the objects of this Act; and (b) is in the public interest. The Commission must comply with the request. () A request under subsection () is not a legislative instrument. 0 Australian Multicultural Bill 0 No., 0

25 Australian Multicultural Commission Part Inquiries Division Section 0 Commission s general discretion as to how to conduct inquiries () The Commission may conduct an inquiry in any way that the Commission considers appropriate. () The Commission is not bound by rules of evidence when conducting an inquiry. Commission to report to Minister on inquiry () As soon as practicable after completing an inquiry, the Commission must give the Minister a written report on the inquiry. () Without limiting the generality of subsection (), the report must include any recommendations that the Commission considers should be made in relation to the matter that was the subject of the inquiry. Minister to table report on inquiry in Parliament () As soon as practicable after receiving a written report on an inquiry, the Minister must table the report in each House of Parliament. () Within 0 days of receiving the report, the Minister must publish the report on the internet. No., 0 Australian Multicultural Bill 0

26 Part Miscellaneous Section Part Miscellaneous Delegation The Commission may, by instrument, delegate to a member or to or more members any of its powers in relation to (a) an inquiry initiated by the Commission under subsection (); or (b) an inquiry to be conducted in respect of a matter referred to the Commission for inquiry by the Minister under subsection (). Annual report The annual report prepared by the Chair and given to the Minister under section of the PGPA Act for a period must: (a) if the Commission has decided, during the period, to conduct an inquiry about a matter include prescribed particulars about the matter; and (b) if the Minister has requested the Commission, during the period, to conduct an inquiry about the matter include prescribed particulars about the matter; and (c) include the names of the recipients of any grants made by the Commission during the period. Legislative rules () The Minister may, by legislative instrument, make rules (legislative rules) prescribing matters: (a) required or permitted by this Act to be prescribed by the legislative rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. () To avoid doubt, the legislative rules may not do the following: (a) create an offence or civil penalty; Australian Multicultural Bill 0 No., 0

27 Miscellaneous Part Section (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. No., 0 Australian Multicultural Bill 0