2004-2005-2006-2007 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Peace and Non-Violence Commission Bill 2007 No. , 2007 (Senator Allison) A Bill for an Act to establish a Commission for peace and non-violence, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ............................................................................................ 1 2 Commencement................................................................................... 1 3 Objects of Act..................................................................................... 2 4 Application to Crown......................................................................... 2 Part 2--Establishment of Peace and Non-Violence Commission 3 6 Establishment of Peace and Non-Violence Commission..................... 3 7 M ission of PNVC ............................................................................... 3 8 Functions and responsibilities of PNVC ............................................ 3 Part 3--Responsibilities of Offices of PNVC 9 Division 1--Office of Peace Education and Training 9 9 General ................................................................................................ 9 10 Peace curriculum ................................................................................. 9 11 Grants ................................................................................................. 9 Division 2--Office of Domestic Peace Activities 10 12 General .............................................................................................. 10 13 Responsibilities................................................................................. 10 Division 3--Office of International Peace Activities 10 14 General .............................................................................................. 10 15 Responsibilities................................................................................. 11 Division 4--Office of Technology for Peace 11 16 General .............................................................................................. 11 17 Grants ............................................................................................... 11 Division 5--Office of Arms Control and Disarmament 12 18 General .............................................................................................. 12 19 Responsibilities................................................................................. 12 Division 6--Office of Peaceful Coexistence and Non-Violent Conflict Resolution 13 20 General .............................................................................................. 13 21 Responsibilities................................................................................. 13 [Page Break] 22 General .............................................................................................. 14 23 Responsibilities................................................................................. 14 Part 4--Constitution of PNVC 16 24 Constitution of PNVC ...................................................................... 16 25 Duty of PNVC Commissioner.......................................................... 16 26 Conduct of PNVC Commissioner and Assistant Commissioners.................................................................................. 16 27 Appointment of commissioners ....................................................... 16 28 Procedures for merit selection of appointments under this Act .................................................................................................... 17 29 Remuneration .................................................................................... 18 30 Leave of absence ............................................................................... 18 31 Outside employment ........................................................................ 18 32 Other terms and conditions............................................................... 18 33 Resignation........................................................................................ 18 34 Termination of appointment............................................................. 19 35 M eetings ........................................................................................... 19 36 Notice of meetings ............................................................................ 20 37 Conduct of meetings ......................................................................... 20 38 Disclosure of interests ...................................................................... 20 39 Organisation of PNVC ...................................................................... 21 Part 5--Chief Executive Officer and staff of PNVC 23 Division 1--Chief Executive Officer 23 Subdivision A--Establishment and functions of Chief Executive Officer 23 40 Chief Executive Officer ..................................................................... 23 41 Functions of CEO ............................................................................. 23 Subdivision B--Appointment of CEO 23 42 Appointment of CEO ....................................................................... 23 43 Acting CEO....................................................................................... 23 44 Remuneration .................................................................................... 24 45 Leave of absence ............................................................................... 24 46 Outside employment ........................................................................ 25 D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 48 Resignation........................................................................................ 25 49 Termination of appointment............................................................. 25 50 Disclosure of interests ...................................................................... 26 51 Delegation ......................................................................................... 26 Division 2--Staff etc. to assist PNVC 27 52 Staff of PNVC................................................................................... 27 53 Secondment of persons to assist PNVC ........................................... 27 54 Consultants and independent contractors......................................... 28 Part 6--Review of PNVC 29 55 Review of PNVC .............................................................................. 29 56 Sunset provision ............................................................................... 29 57 Annual report.................................................................................... 29 58 Regulations........................................................................................ 30 [Page Break] 2 and non-violence, and for related purposes 3 The Parliament of Australia enacts: 4 Part 1--Preliminary 5 6 1 Short title 7 This Act may be cited as the Peace and Non-Violence 8 Commission Act 2007. 9 2 Commencement 10 This Act commences on the day on which it receives Royal 11 Assent. Peace and Non-Violence Commission Bill 2007 No. , 2007 1 [Page Break] 2 The objects of this Act are to: 3 (a) establish the Peace and Non-Violence Commission as an 4 independent statutory body to promote throughout the 5 community the pursuit of peace and non-violence as an 6 objective and responsibility of national government; and 7 (b) align Commonwealth government activity with United 8 Nations policy in the promotion of peace; and 9 (c) promote Australia's obligations under international 10 humanitarian law. 11 4 Application to Crown 12 This Act binds the Crown in each of its capacities, but does not 13 make the Crown liable to be prosecuted for an offence. 14 D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 Part 2--Establishment of Peace and Non-Violence 3 Commission 4 6 Establishment of Peace and Non-Violence Commission 5 The Peace and Non-Violence Commission (the PNVC) is 6 established by this section. 7 7 Mission of PNVC 8 The mission of the PNVC is to: 9 (a) endeavour to promote justice and democratic principles to 10 expand human rights; 11 (b) strengthen non-military means of peacemaking; 12 (c) promote the development of human potential; 13 (d) work to create peace, prevent violence, divert from armed 14 conflict and develop new structures for the resolution of 15 disputes by non-violent means; 16 (e) take a proactive, strategic approach in the development of 17 policies that promote national and international conflict 18 prevention, non-violent intervention, mediation, peaceful 19 resolution of conflict and structured mediation of conflict; 20 (f) address matters both domestic and international in scope; 21 (g) encourage the development of initiatives from local 22 communities, religious groups and nongovernmental 23 organisations for the promotion of peace. 24 8 Functions and responsibilities of PNVC 25 (1) The PNVC must: 26 (a) work proactively and interactively with all departments and 27 agencies of the Commonwealth Government on all policy 28 matters relating to conditions of peace; and [Page Break] 2 Australia and seek participation in its administration and in its 3 development of policy from private, public and 4 nongovernmental organisations; and 5 (c) monitor and analyse causative principles of conflict and make 6 policy recommendations for developing and maintaining 7 peaceful conduct. 8 (2) The PNVC must also: 9 (a) develop policies that address domestic violence, including 10 spousal abuse, child abuse and mistreatment of the elderly; 11 and 12 (b) create new policies and incorporate existing programs that 13 reduce drug and alcohol abuse; and 14 (c) develop new policies and incorporate existing policies 15 regarding crime, punishment and rehabilitation; and 16 (d) develop policies to address violence against animals; and 17 (e) analyse existing policies, employ successful field-tested 18 programs and develop new approaches for dealing with the 19 implements of violence, including gun-related violence; and 20 (f) develop new programs that relate to the challenges in society 21 of school violence, gangs, racial and ethnic violence, violence 22 against gays and lesbians, and police-community relations 23 disputes; and 24 (g) make policy recommendations to the Attorney-General 25 regarding civil rights and to the Minister for Employment and 26 Workplace Relations regarding labour law; and 27 (h) assist in the establishment and funding of community-based 28 violence prevention programs, including violence prevention 29 counselling and peer mediation in schools; and 30 (i) counsel and advocate on behalf of women victimised by 31 violence; and 32 (j) provide for public education programs and counselling 33 strategies concerning hate crimes; and 34 (k) promote racial, religious and ethnic tolerance; and D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 neighbourhood resources to create peace projects that 3 facilitate the development of conflict resolution at a national 4 level and thereby inform and inspire national policy. 5 (3) The PNVC must also: 6 (a) advise the Ministers for Defence and Foreign Affairs on all 7 matters relating to national security, including the protection 8 of human rights and the prevention of, amelioration of and 9 de-escalation of unarmed and armed international conflict; 10 and 11 (b) provide ethical-based and value-based analyses to the 12 Department of Defence; and 13 (c) undertake the task of forecasting comparative costs of violent 14 and non-violent solutions as a basis for advice; and 15 (d) provide for the training of all civilian Australian personnel 16 who administer post-conflict reconstruction and 17 demobilisation in war-torn societies; and 18 (e) sponsor country and regional conflict prevention and dispute 19 resolution initiatives, create special task forces and draw on 20 local, regional, and national expertise to develop plans and 21 programs for addressing the root sources of conflict in 22 troubled areas; and 23 (f) provide for exchanges between Australia and other nations of 24 individuals who endeavour to develop domestic and 25 international peace-based initiatives; and 26 (g) encourage the development of international sister city 27 programs, pairing Australian cities with cities around the 28 world for artistic, cultural, economic, educational and 29 faith-based exchanges; and 30 (h) administer the training of civilian peacekeepers who 31 participate in multinational non-violent police forces and 32 support civilian police who participate in peacekeeping; and 33 (i) jointly with the Departments of Defence and Foreign Affairs, 34 strengthen peace enforcement through hiring and training [Page Break] 2 international arms embargoes; 3 (j) facilitate the development of peace summits at which parties 4 to a conflict may gather under safe and neutral conditions to 5 promote non-violent communication and mutually beneficial 6 solutions; and 7 (k) submit to the Prime Minister recommendations for reductions 8 in weapons of mass destruction, and make annual reports to 9 the Prime Minister on the sale of arms and munitions from 10 Australia to other nations, with analysis of the impact of such 11 sales on the defence of Australia and how such sales affect 12 peace; and 13 (l) in consultation with the Minister for Foreign Affairs, develop 14 strategies for sustainability and management of the 15 distribution of international funds; and 16 (m) advise the Australian Ambassador to the United Nations on 17 matters relating to the United Nations Security Council. 18 (4) In advising the Ministers for Defence and Foreign Affairs in 19 accordance with paragraph (3)(a), the PNVC may also advise on 20 Australia's obligations, responsibilities and negotiations in relation to 21 treaties, international agreements and matters relating to the 22 following subjects: 23 (a) atmosphere and outer space; 24 (b) defence and security; 25 (c) diplomatic and consular relations; 26 (d) human rights; 27 (e) international cooperation; 28 (f) international law; 29 (g) maritime law and law of the sea; 30 (h) war and peace. 31 (5) If the Minister of Defence or the Minister for Foreign Affairs is 32 conducting negotiations or deliberations relating to treaties, 33 international agreements or matters listed in subsection (4), a D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 participate in those negotiations or deliberations. 3 (6) The PNVC must also consider and offer non-violent conflict 4 resolution strategies to all relevant parties on issues of human 5 security if such security is threatened by conflict, whether such 6 conflict is geographic, religious, ethnic, racial or class-based in its 7 origin, derives from economic concerns (including trade or 8 mal-distribution of wealth) or is initiated through disputes 9 concerning scarcity of natural resources (such as water and energy 10 resources), food, trade or environmental concerns. 11 (7) The PNVC must also: 12 (a) seek assistance in the design and implementation of 13 non-violent policies from media professionals; and 14 (b) study the role of the media in the escalation and de-escalation 15 of conflict at domestic and international levels and make 16 findings public; and 17 (c) make recommendations to professional media organisations in 18 order to provide opportunities to increase media awareness of 19 peace-building initiatives. 20 (8) The PNVC must also: 21 (a) develop a peace education curriculum, which is to include 22 studies of: 23 (i) the civil rights movement throughout the world, with 24 special emphasis on how individual endeavour and 25 involvement have contributed to advancements in peace 26 and justice; and 27 (ii) peace agreements and circumstances in which peaceful 28 intervention has worked to stop conflict; and 29 (b) in cooperation with the Department of Education, Science 30 and Training: 31 (i) commission the development of such curricula and make 32 such curricula available to schools to enable the 33 utilisation of peace education objectives at all primary 34 and secondary schools in Australia; and [Page Break] 2 encourage the development of State and Territory peace 3 curricula and assist schools in applying such curricula; 4 and 5 (c) work with educators to equip students to become skilled in 6 achieving peace through reflection and facilitate instruction in 7 the ways of peaceful conflict resolution; and 8 (d) maintain a site on the Internet for the purposes of soliciting 9 and receiving ideas for the development of peace from the 10 wealth of political, social and cultural diversity; and 11 (e) proactively engage the critical thinking capabilities of primary, 12 secondary and university students and teachers through the 13 Internet and other media and issue periodic reports 14 concerning submissions; and 15 (f) create and establish a Peace Institute, which will provide an 16 accredited course of instruction in peace education, after 17 which graduates may elect to serve in public service in 18 programs dedicated to domestic or international non-violent 19 conflict resolution; and 20 (g) provide grants for peace studies departments in universities 21 throughout Australia. 22 D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 Part 3--Responsibilities of Offices of PNVC 3 Division 1--Office of Peace Education and Training 4 9 General 5 There must be in the PNVC an Office of Peace Education and 6 Training, the head of which is the Assistant Commissioner for 7 Peace Education and Training. The Assistant Commissioner for 8 Peace Education and Training is to carry out those functions of the 9 Office relating to the creation, encouragement and impact of peace 10 education and training at the primary, secondary, university and 11 postgraduate levels, including the development of a Peace Institute. 12 10 Peace curriculum 13 The Assistant Commissioner of Peace Education and Training, in 14 cooperation with the Secretary of the Department of Education, 15 Science and Training, must develop a peace curriculum and 16 supporting materials for distribution to the departments of education 17 in each State and Territory. The peace curriculum must include the 18 development of communicative peace skills, non-violent conflict 19 resolution skills and related skills to increase the knowledge and 20 application of peace processes. 21 11 Grants 22 (1) The Assistant Commissioner of Peace Education and Training must 23 provide: 24 (a) peace education grants to universities for the creation and 25 expansion of peace studies departments; and 26 (b) community peace grants to not-for-profit community and 27 non-governmental organisations for the development of 28 neighbourhood programs for non-violent conflict resolution 29 and local peace building initiatives. [Page Break] 2 and Training under this section are to be made out of money 3 appropriated by the Parliament for the purpose. 4 Division 2--Office of Domestic Peace Activities 5 12 General 6 There must be in the PNVC an Office of Domestic Peace 7 Activities, the head of which is the Assistant Commissioner for 8 Domestic Peace Activities. The Assistant Commissioner for 9 Domestic Peace Activities is to carry out those functions of the 10 Office relating to domestic peace activities, including the 11 development of policies that increase awareness about intervention 12 and counselling on domestic violence and conflict. 13 13 Responsibilities 14 The Assistant Commissioner for Domestic Peace Activities must: 15 (a) develop policy alternatives for the treatment of drug and 16 alcohol abuse; and 17 (b) develop new policies and build on existing programs 18 responsive to the prevention of crime, including the 19 development of community policing strategies and peaceful 20 settlement skills among police and other public safety 21 officers; and 22 (c) develop community-based strategies for celebrating diversity 23 and promoting tolerance. 24 Division 3--Office of International Peace Activities 25 14 General 26 There must be in the PNVC an Office of International Peace 27 Activities, the head of which is the Assistant Commissioner for 28 International Peace Activities. The Assistant Commissioner for D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 Office relating to international peace activities. 3 15 Responsibilities 4 The Assistant Commissioner for International Peace Activities 5 must: 6 (a) provide for the training and deployment of all Peace Institute 7 graduates and other non-military conflict prevention and 8 peacemaking personnel; and 9 (b) sponsor country and regional conflict prevention and dispute 10 resolution initiatives in countries experiencing social, political 11 or economic conflict; and 12 (c) advocate the creation of a multinational non-violent peace 13 force; and 14 (d) provide training for the administration of post-conflict 15 reconstruction and demobilisation in war-torn societies; and 16 (e) provide for exchanges between individuals from Australia and 17 other nations who are endeavouring to develop domestic and 18 international peace-based initiatives. 19 Division 4--Office of Technology for Peace 20 16 General 21 There must be in the PNVC an Office of Technology for Peace, 22 the head of which is the Assistant Commissioner of Technology for 23 Peace. The Assistant Commissioner of Technology for Peace is to 24 carry out those functions of the Office relating to the awareness, 25 study and impact of developing new technologies on the creation 26 and maintenance of domestic and international peace. 27 17 Grants 28 (1) The Assistant Commissioner of Technology for Peace must 29 provide grants for the research and development of technologies in 30 transportation, communications and energy that: [Page Break] 2 (b) encourage the conservation and sustainability of natural 3 resources in order to prevent future conflicts regarding 4 scarce resources. 5 (2) Grants made by the Assistant Commissioner of Technology for 6 Peace under this section are to be made out of money appropriated 7 by the Parliament for the purpose. 8 Division 5--Office of Arms Control and Disarmament 9 18 General 10 There must be in the PNVC an Office of Arms Control and 11 Disarmament, the head of which is the Assistant Commissioner of 12 Arms Control and Disarmament. The Assistant Commissioner of 13 Arms Control and Disarmament is to carry out those functions of 14 the Office relating to arms control programs and arms limitation 15 agreements. 16 19 Responsibilities 17 The Assistant Commissioner of Arms Control and Disarmament 18 must: 19 (a) advise the PNVC Commissioner on all interdepartmental and 20 Commonwealth agency discussions and all international 21 negotiations regarding the reduction and elimination of 22 weapons of mass destruction throughout the world, including 23 the dismantling of such weapons and the safe and secure 24 storage of related materials; and 25 (b) assist nations, international agencies and nongovernmental 26 organisations in assessing the locations of the build-up of 27 nuclear arms; and 28 (c) develop non-violent strategies to deter the testing or use of 29 offensive or defensive nuclear weapons, whether based on 30 land, air, sea or in outer space; and D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 and treaties that deal with the reduction and elimination of 3 nuclear weapons or the protection of outer space from 4 militarisation; and 5 (e) provide technical support and legal assistance for the 6 implementation of such agreements. 7 Division 6--Office of Peaceful Coexistence and 8 Non-Violent Conflict Resolution 9 20 General 10 There must be in the PNVC an Office of Peaceful Coexistence 11 and Non-violent Conflict Resolution, the head of which is the 12 Assistant Commissioner for Peaceful Coexistence and Non-violent 13 Conflict Resolution. The Assistant Commissioner for Peaceful 14 Coexistence and Non-violent Conflict Resolution is to carry out 15 those functions of the Office relating to research and analysis into 16 creating, initiating and modelling approaches to peaceful 17 coexistence and non-violent conflict resolution. 18 21 Responsibilities 19 The Assistant Commissioner for Peaceful Coexistence and 20 Non-violent Conflict Resolution must: 21 (a) study the impact of war, especially on the physical and mental 22 condition of children (using the ten-point agenda in the United 23 Nations Children's Fund report, State of the World's 24 Children 1996, as a guide), which must include the study of 25 the effect of war on the environment and public health; and 26 (b) regularly forecast the comparative costs of violent and 27 non-violent solutions; and 28 (c) publish a monthly journal of the activities of the Office and 29 encourage scholarly participation; and 30 (d) gather information on effective community peace building 31 activities and disseminate such information to local [Page Break] 2 and abroad; and 3 (e) research the effect of violence in the media and make such 4 reports available to both Houses of the Parliament annually; 5 and 6 (f) sponsor conferences throughout Australia to create 7 awareness of the work of the Office. 8 Division 7--Office of Human Rights and Economic Rights 9 22 General 10 There must be in the PNVC an Office of Human Rights and 11 Economic Rights, the head of which is the Assistant Commissioner 12 for Human Rights and Economic Rights. The Assistant 13 Commissioner for Human Rights and Economic Rights is to carry 14 out those functions of the Office supporting the principles of the 15 Universal Declaration of Human Rights passed by the General 16 Assembly of the United Nations on 10 December 1948. 17 23 Responsibilities 18 The Assistant Commissioner for Human Rights and Economic 19 Rights must: 20 (a) assist the PNVC Commissioner, in cooperation with the 21 Minister for Foreign Affairs, in furthering the incorporation of 22 principles of human rights, as enunciated in the United 23 Nations General Assembly Resolution 217A(III) of 24 10 December 1948, into all agreements between Australia 25 and other nations to help reduce the causes of violence; and 26 (b) gather information on and document human rights abuses, 27 both domestically and internationally, and recommend to the 28 PNVC Commissioner non-violent responses for the remedy 29 of abuses; and 30 (c) make the information gathered and the resulting 31 recommendations mentioned in paragraph (b) available to D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 resolution; and 3 (d) provide trained observers to work with non-governmental 4 organisations for the purpose of creating a climate that is 5 conducive to respect for human rights; and 6 (e) conduct economic analyses of the scarcity of human and 7 natural resources as a source of conflict and make 8 recommendations to the PNVC Commissioner for the 9 non-violent prevention of such scarcity, non-violent 10 intervention in cases of such scarcity and the development of 11 programs of assistance for people experiencing such scarcity, 12 whether due to armed conflict, mal-distribution of resources 13 or natural causes; and 14 (f) assist the PNVC Commissioner, in cooperation with the 15 Minister for Foreign Affairs and the Treasurer, in developing 16 strategies regarding the sustainability and the management of 17 the distribution of funds from international agencies, the 18 conditions regarding the receipt of such funds and the impact 19 of those conditions on the peace and stability of recipient 20 nations; and 21 (g) assist the PNVC Commissioner, in cooperation with the 22 Minister for Foreign Affairs and the Minister for Employment 23 and Workplace Relations, in developing strategies to promote 24 full compliance with domestic and international labour laws. 25 [Page Break] 2 Part 4--Constitution of PNVC 3 4 24 Constitution of PNVC 5 The PNVC consists of: 6 (a) the PNVC Commissioner; and 7 (b) seven Assistant Commissioners who are responsible for the 8 Offices established by this Act. 9 25 Duty of PNVC Commissioner 10 The PNVC Commissioner must keep the Attorney-General 11 informed of the general operations of the PNVC in respect of the 12 performance of the PNVC's functions. 13 26 Conduct of PNVC Commissioner and Assistant Commissioners 14 The PNVC Commissioner and Assistant Commissioners must act 15 in the best interests of the PNVC. 16 27 Appointment of commissioners 17 (1) For the purposes of this section and sections 29 to 33, 18 commissioner means the PNVC Commissioner or an Assistant 19 Commissioner. 20 (2) A commissioner is to be appointed by the Governor-General by 21 written instrument, on either a full-time or part-time basis. 22 Note: A commissioner can be re-appointed under this section: see subsection 23 33(4A) of the Acts Interpretation Act 1901. 24 (3) A commissioner holds office for the period specified in the 25 instrument of appointment. The period must not exceed 3 years. 26 (4) A person is not eligible for appointment as a commissioner unless 27 the person has a high level of expertise in an area relevant to the D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 to: 3 (a) peacekeeping and peace studies; 4 (b) international humanitarian law; 5 (c) conflict resolution and mediation; 6 (d) non-proliferation and disarmament; 7 (e) civil rights; 8 (f) international law and treaty-making and treaty obligations. 9 28 Procedures for merit selection of appointments under this Act 10 (1) The Attorney-General must by writing determine a code of 11 practice, for selecting a person to be nominated by the 12 Commonwealth or a Minister for appointment to a position under 13 this Act, that sets out general principles on which the selections are 14 to be made, including but not limited to: 15 (a) merit; and 16 (b) independent scrutiny of appointments; and 17 (c) probity; and 18 (d) openness and transparency. 19 (2) After determining a code of practice under subsection (1), the 20 Attorney-General must publish the code in the Gazette. 21 (3) The Attorney-General must review a code of practice determined 22 under subsection (1) not later than every fifth anniversary after the 23 code of practice has been determined. 24 (4) In reviewing a code of practice, the Attorney-General must invite 25 the public to comment on the code. 26 (5) A code of practice determined under subsection (1) is a legislative 27 instrument for the purposes of the Legislative Instruments Act 28 2003. 29 Note: Section 42 provides for the appointment of the CEO. That 30 appointment is also bound by the merit provisions contained in this 31 section. [Page Break] 2 (1) A commissioner is to be paid remuneration that is determined by 3 the Remuneration Tribunal. If no determination of that 4 remuneration by the Tribunal is in operation, a commissioner is to 5 be paid the remuneration that is prescribed by the regulations. 6 (2) A commissioner is to be paid the allowances that are prescribed by 7 the regulations. 8 (3) Subsections (1) and (2) have effect subject to the Remuneration 9 Tribunal Act 1973. 10 30 Leave of absence 11 (1) A commissioner has the recreation leave entitlements that are 12 determined by the Remuneration Tribunal. 13 (2) The Attorney-General may grant a commissioner leave of absence, 14 other than recreation leave, on the terms and conditions as to 15 remuneration or otherwise that the Attorney-General determines. 16 31 Outside employment 17 A commissioner must not engage in paid employment outside the 18 duties in the Commission without the Attorney-General's consent. 19 32 Other terms and conditions 20 A commissioners holds office on the terms and conditions (if any) 21 in relation to matters not covered by this Act that are determined 22 by the Governor-General. 23 33 Resignation 24 A commissioner may resign his or her appointment by giving the 25 Governor-General a written resignation. D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 All Commissioners 3 (1) The Governor-General may terminate the appointment of the 4 PNVC Commissioner or of an Assistant Commissioner: 5 (a) for misbehaviour or physical or mental incapacity; or 6 (b) if the PNVC Commissioner or an Assistant Commissioner: 7 (i) becomes bankrupt; or 8 (ii) applies to take the benefit of any law for the relief of 9 bankrupt or insolvent debtors; or 10 (iii) compounds with his or her creditors; or 11 (iv) makes an assignment of his or her remuneration for the 12 benefit of his or her creditors; or 13 (c) if the PNVC Commissioner or an Assistant Commissioner 14 fails, without reasonable excuse, to comply with section 38. 15 (2) The Governor-General may terminate the appointment of the 16 PNVC Commissioner or of an Assistant Commissioner if: 17 (a) the PNVC Commissioner or an Assistant Commissioner is 18 absent, except on leave of absence, for 14 consecutive days 19 or for 28 days in any 12 months; or 20 (b) the PNVC Commissioner or an Assistant Commissioner 21 engages, except with the Attorney-General's consent, in paid 22 employment outside the duties of his or her office. 23 (3) Subsection (2) does not apply if the PNVC Commissioner or the 24 Assistant Commissioner is appointed on a part-time basis. 25 35 Meetings 26 (1) The PNVC Commissioner must convene at least 8 meetings of the 27 PNVC in each calendar year. 28 (2) Meetings of the PNVC must be held at such places as the PNVC 29 Commissioner determines. [Page Break] 2 participation in meetings by telephone etc. 3 (3) At a meeting of the PNVC, the PNVC Commissioner and three 4 Assistant Commissioners constitute a quorum, or in the absence of 5 the PNVC Commissioner, four Assistant Commissioners constitute 6 a quorum. 7 (4) The PNVC Commissioner must preside at all meetings of the 8 PNVC at which he or she is present. 9 (5) If the PNVC Commissioner is absent from all or part of a meeting 10 of the PNVC, an Assistant Commissioner chosen by the other 11 Assistant Commissioners present is to preside at the meeting. 12 36 Notice of meetings 13 Each Assistant Commissioner is entitled to receive reasonable 14 notice of meetings of the PNVC. 15 37 Conduct of meetings 16 (1) Subject to this Part, the PNVC must make rules of procedure, in 17 writing, for dealing with potential conflicts of interest. The PNVC 18 may make other rules of procedure to be followed at meetings. 19 (2) The PNVC may alter its rules of procedure from time to time. 20 (3) The PNVC must make its rules of procedure, as altered from time 21 to time, available to the public. 22 (4) The PNVC must ensure that minutes of its meetings are kept. 23 38 Disclosure of interests 24 Disclosure by the PNVC Commissioner 25 (1) If the PNVC Commissioner has any direct or indirect pecuniary 26 interest in a matter being considered, or about to be considered, by 27 the PNVC, being an interest that could conflict with the proper D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 a matter arising at a meeting of the PNVC, then the PNVC 3 Commissioner must disclose that interest to the Assistant 4 Commissioners as soon as practicable. 5 (2) If the PNVC Commissioner has disclosed an interest, the PNVC 6 Commissioner must not participate in the consideration of the 7 matter by the PNVC unless all of the Assistant Commissioners 8 agree. 9 Disclosure by an Assistant Commissioner 10 (3) If an Assistant Commissioner has any direct or indirect pecuniary 11 interest in a matter being considered, or about to be considered, by 12 the PNVC, being an interest that could conflict with the proper 13 performance of the Assistant Commissioner's functions in relation 14 to a matter arising at a meeting of the PNVC, then the Assistant 15 Commissioner must disclose that interest to the PNVC 16 Commissioner as soon as practicable. 17 (4) If an Assistant Commissioner has disclosed an interest, that 18 Assistant Commissioner must not participate in the consideration of 19 the matter by the PNVC unless the PNVC Commissioner and all 20 of the other Assistant Commissioners agree. 21 Disclosure to be recorded in the minutes of the meeting 22 (5) Any disclosure, and any decision made by the PNVC 23 Commissioner and/or by the Assistant Commissioners in relation to 24 the disclosure, must be recorded in the minutes of the meeting. 25 39 Organisation of PNVC 26 The PNVC is to consist of the following offices: 27 (a) the Office of Peace Education and Training; 28 (b) the Office of Domestic Peace and Activities; 29 (c) the Office of International Peace Activities; 30 (d) the Office of Technology for Peace; [Page Break] 2 (f) the Office of Peaceful Coexistence in Non-Violent Conflict 3 Resolution; 4 (g) the Office of Human Rights and Economic Rights. 5 D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 Part 5--Chief Executive Officer and staff of PNVC 3 Division 1--Chief Executive Officer 4 Subdivision A--Establishment and functions of Chief Executive 5 Officer 6 40 Chief Executive Officer 7 There is to be a Chief Executive Officer (the CEO) of the PNVC. 8 41 Functions of CEO 9 (1) The functions of the CEO are: 10 (a) to administer the financial resources of the PNVC; and 11 (b) to manage the day-to-day administration of the PNVC. 12 (2) All acts and things done in the name of, or on behalf of, the PNVC 13 by the CEO are taken as having been done by the PNVC. 14 Subdivision B--Appointment of CEO 15 42 Appointment of CEO 16 (1) Subject to section 28, the CEO is to be appointed by the 17 Attorney-General by written instrument, on either a full-time or 18 part-time basis. 19 Note: The CEO can be re-appointed under this section: see subsection 20 33(4A) of the Acts Interpretation Act 1901. 21 (2) The CEO holds office for the period specified in the instrument of 22 appointment. The period must not exceed 3 years. 23 43 Acting CEO 24 (1) The Attorney-General may appoint a person to act as the CEO: [Page Break] 2 appointment has previously been made to the office; or 3 (b) during any period, or during all periods, when the CEO is 4 absent from duty or from Australia, or is, for any reason, 5 unable to perform the duties of the office. 6 Note: See also section 33A of the Acts Interpretation Act 1901, which 7 contains additional rules about acting appointments. 8 (2) Anything done by or in relation to a person purporting to act under 9 an appointment is not invalid merely because: 10 (a) the occasion for the appointment had not arisen; or 11 (b) there was a defect or irregularity in connection with the 12 appointment; or 13 (c) the appointment ceased to have effect; or 14 (d) the occasion to act had not arisen or had ceased. 15 44 Remuneration 16 (1) The CEO is to be paid remuneration that is determined by the 17 Remuneration Tribunal. If no determination of that remuneration by 18 the Tribunal is in operation, the CEO is to be paid the remuneration 19 that is prescribed by the regulations. 20 (2) The CEO is to be paid the allowances that are prescribed by the 21 regulations. 22 (3) Subsections (1) and (2) have effect subject to the Remuneration 23 Tribunal Act 1973. 24 45 Leave of absence 25 (1) A full-time CEO has the recreation leave entitlements that are 26 determined by the Remuneration Tribunal. 27 (2) The Attorney-General may grant a full-time CEO leave of absence, 28 other than recreation leave, on the terms and conditions as to 29 remuneration or otherwise that the Attorney-General determines. D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 part-time CEO on the terms and conditions that the PNVC 3 Commissioner determines. 4 46 Outside employment 5 (1) A full-time CEO must not engage in paid employment outside the 6 duties of the CEO's office without the Attorney-General's consent. 7 (2) A part-time CEO must not engage in paid employment that 8 conflicts or could conflict with the proper performance of the 9 CEO's duties without the Attorney-General's consent. 10 47 Other terms and conditions 11 The CEO holds office on the terms and conditions (if any) in 12 relation to matters not covered by this Act that are determined by 13 the Attorney-General. 14 48 Resignation 15 The CEO may resign his or her appointment by giving the 16 Attorney-General a written resignation. 17 49 Termination of appointment 18 Full-time or part-time CEO 19 (1) The Attorney-General may terminate the appointment of the CEO: 20 (a) for misbehaviour or physical or mental incapacity; or 21 (b) if the CEO: 22 (i) becomes bankrupt; or 23 (ii) applies to take the benefit of any law for the relief of 24 bankrupt or insolvent debtors; or 25 (iii) compounds with his or her creditors; or 26 (iv) makes an assignment of his or her remuneration for the 27 benefit of his or her creditors; or [Page Break] 2 consecutive days or for 28 days in any 12 months; or 3 (d) if the CEO fails, without reasonable excuse, to comply with 4 section 50. 5 (2) Paragraph (1)(c) does not apply if the CEO is appointed on a 6 part-time basis. 7 Additional ground: full-time CEO 8 (3) The Minister may terminate the appointment of a full-time CEO if 9 the CEO engages, except with the Minister's consent, in paid 10 employment outside the duties of his or her office. 11 Additional ground: part-time CEO 12 (4) The Minister may terminate the appointment of a part-time CEO if 13 the CEO engages, except with the Minister's consent, in paid 14 employment that conflicts or could conflict with the proper 15 performance of the duties of his or her office. 16 50 Disclosure of interests 17 The CEO must give written notice to the Minister of any direct or 18 indirect pecuniary interest that the CEO has or acquires and that 19 conflicts or could conflict with the proper performance of the 20 CEO's functions. 21 51 Delegation 22 The CEO may, in writing, delegate any of his or her functions to an 23 SES employee or acting SES employee of the PNVC staff. 24 Note 1: Section 17AA of the Acts Interpretation Act 1901 contains the 25 definitions of SES employee and acting SES employee. 26 Note 2: See also sections 34AA, 34AB and 34A of the Acts Interpretation Act 27 1901, which contain additional rules about delegations. D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 52 Staff of PNVC 3 (1) The staff necessary to assist the PNVC are to be persons engaged 4 under the Public Service Act 1999. 5 (2) For the purposes of the Public Service Act 1999: 6 (a) the CEO and the APS employees assisting the PNVC 7 together constitute a Statutory Agency; and 8 (b) the CEO is the Head of that Statutory Agency. 9 53 Secondment of persons to assist PNVC 10 Secondment of Commonwealth officials 11 (1) The CEO, on behalf of the PNVC, may arrange with: 12 (a) an Agency Head within the meaning of the Public Service 13 Act 1999; or 14 (b) an authority of the Commonwealth; 15 for the services of officers or employees of the Agency or the 16 authority to be made available to assist the PNVC in the 17 performance of its functions. 18 Secondment of State or Territory officials 19 (2) The CEO, on behalf of the PNVC, may arrange with the 20 appropriate authority of a State or Territory for the services of 21 officers or employees of the Public Service of that State or 22 Territory to be made available to assist the PNVC in the 23 performance of its functions. 24 Reimbursement by the Commonwealth 25 (3) An arrangement under subsection (2) may provide for the 26 Commonwealth to reimburse a State or Territory for the services 27 of a person to whom the arrangement relates. [Page Break] 2 (1) The CEO, on behalf of the PNVC, may engage consultants and 3 independent contractors to give advice to, or perform services for, 4 the PNVC. 5 (2) A person may only be engaged under subsection (1) if the CEO 6 considers that the person has suitable qualifications and experience. 7 (3) The terms and conditions of an engagement under subsection (1) 8 are as determined by the CEO in writing. 9 D:\BillsMigrate2-copy\SenateBills\Bills\FIRST\0711720.doc 23/7/2008 10:18 PM [Page Break] 2 Part 6--Review of PNVC 3 4 55 Review of PNVC 5 (1) A review of the operation, impact and effectiveness of the PNVC 6 is to be conducted by two persons appointed by the Attorney- 7 General from the following categories: 8 (a) one person who has served as an Australian Ambassador for 9 a period of not less then 10 years and who is retired; and 10 (b) one person who has held the position of professor of 11 international relations at an Australian university for a period 12 of not less than 10 years. 13 (2) The review must be conducted by the end of 2011, and a written 14 report of the review must be prepared and provided to the Minister. 15 (3) The Minister must cause a copy of the report prepared under 16 subsection (2) to be laid before each House of Parliament within 7 17 sitting days after the Minister receives the report. 18 56 Sunset provision 19 This Act ceases to be in force on 30 June 2012. 20 57 Annual report 21 (1) The PNVC must, within 60 days after the end of each year ending 22 on 30 June, give the Minister a report on its operations during that 23 year, for presentation to the Parliament. 24 Note: See also section 34C of the Acts Interpretation Act 1901, which 25 contains additional rules about annual reports. 26 (2) If a person was engaged under section 54 during a year, then the 27 report relating to that year must set out: 28 (a) the name of the individual or body engaged; and [Page Break] 2 performance of the PNVC's functions. 3 (3) The report must contain a summary of: 4 (a) all recommendations and reports made in accordance with 5 paragraph 8(3)(k); and 6 (b) all contributions made by the PNVC to negotiations or 7 deliberations relating to treaties, international agreements or 8 matters listed in subsection 8(4). 9 58 Regulations 10 The Governor-General may make regulations prescribing matters: 11 (a) required or permitted by this Act to be prescribed; or 12 (b) necessary or convenient to be prescribed for carrying out or 13 giving effect to this Act. 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