PEACE AND NON-VIOLENCE COMMISSION BILL 2007 [2008]

Contents

Part 1--Preliminary

Short title ............................................................................................ 1

Commencement................................................................................... 1

Objects of Act..................................................................................... 2

Application to Crown......................................................................... 2

Part 2--Establishment of Peace and Non-Violence Commission

Establishment of Peace and Non-Violence Commission..................... 3

Mission of PNVC ............................................................................... 3

Functions and responsibilities of PNVC ............................................ 3

Part 3--Responsibilities of Offices of PNVC

Division 1--Office of Peace Education and Training

General ................................................................................................ 9

Peace curriculum ................................................................................. 9

Grants ................................................................................................. 9

Division 2--Office of Domestic Peace Activities

General .............................................................................................. 10

Responsibilities................................................................................. 10

Division 3--Office of International Peace Activities

General .............................................................................................. 10

Responsibilities................................................................................. 11

Division 4--Office of Technology for Peace

General .............................................................................................. 11

Grants ............................................................................................... 11

Division 5--Office of Arms Control and Disarmament

General .............................................................................................. 12

Responsibilities................................................................................. 12

Division 6--Office of Peaceful Coexistence and Non-Violent

Conflict Resolution

General .............................................................................................. 13

Responsibilities................................................................................. 13

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Division 7--Office of Human Rights and Economic Rights

General .............................................................................................. 14

Responsibilities................................................................................. 14

Part 4--Constitution of PNVC

Constitution of PNVC ...................................................................... 16

Duty of PNVC Commissioner.......................................................... 16

Conduct of PNVC Commissioner and Assistant

Commissioners.................................................................................. 16

Appointment of commissioners ....................................................... 16

Procedures for merit selection of appointments under this

Act .................................................................................................... 17

Remuneration .................................................................................... 18

Leave of absence ............................................................................... 18

Outside employment ........................................................................ 18

Other terms and conditions............................................................... 18

Resignation........................................................................................ 18

Termination of appointment............................................................. 19

Meetings ........................................................................................... 19

Notice of meetings ............................................................................ 20

Conduct of meetings ......................................................................... 20

Disclosure of interests ...................................................................... 20

Organisation of PNVC ...................................................................... 21

Part 5--Chief Executive Officer and staff of PNVC

Division 1--Chief Executive Officer

Subdivision A--Establishment and functions of Chief Executive

Officer

Chief Executive Officer ..................................................................... 23

Functions of CEO ............................................................................. 23

Subdivision B--Appointment of CEO

Appointment of CEO ....................................................................... 23

Acting CEO....................................................................................... 23

Remuneration .................................................................................... 24

Leave of absence ............................................................................... 24

Outside employment ........................................................................ 25

Other terms and conditions............................................................... 25

Resignation........................................................................................ 25

Termination of appointment............................................................. 25

Disclosure of interests ...................................................................... 26

Delegation ......................................................................................... 26

Division 2--Staff etc. to assist PNVC

Staff of PNVC................................................................................... 27

Secondment of persons to assist PNVC ........................................... 27

Consultants and independent contractors......................................... 28

Part 6--Review of PNVC

Review of PNVC .............................................................................. 29

Sunset provision ............................................................................... 29

Annual report.................................................................................... 29

Regulations........................................................................................ 30

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3 Objects of Act

The objects of this Act are to:

(a) establish the Peace and Non-Violence Commission as an

independent statutory body to promote throughout the

community the pursuit of peace and non-violence as an

objective and responsibility of national government; and

(b) align Commonwealth government activity with United

Nations policy in the promotion of peace; and

humanitarian law.

4 Application to Crown

This Act binds the Crown in each of its capacities, but does not

make the Crown liable to be prosecuted for an offence.

Part 2--Establishment of Peace and Non-Violence

Commission

6 Establishment of Peace and Non-Violence Commission

The Peace and Non-Violence Commission (the PNVC) is

established by this section.

7 Mission of PNVC

The mission of the PNVC is to:

(a) endeavour to promote justice and democratic principles to

expand human rights;

(b) strengthen non-military means of peacemaking;

(d) work to create peace, prevent violence, divert from armed

conflict and develop new structures for the resolution of

disputes by non-violent means;

(e) take a proactive, strategic approach in the development of

policies that promote national and international conflict

prevention, non-violent intervention, mediation, peaceful

resolution of conflict and structured mediation of conflict;

(f) address matters both domestic and international in scope;

(g) encourage the development of initiatives from local

communities, religious groups and nongovernmental

organisations for the promotion of peace.

8 Functions and responsibilities of PNVC

(1) The PNVC must:

(a) work proactively and interactively with all departments and

agencies of the Commonwealth Government on all policy

matters relating to conditions of peace; and

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(b) call on the intellectual and spiritual wealth of the people of

Australia and seek participation in its administration and in its

development of policy from private, public and

nongovernmental organisations; and

policy recommendations for developing and maintaining

peaceful conduct.

(2) The PNVC must also:

(a) develop policies that address domestic violence, including

spousal abuse, child abuse and mistreatment of the elderly;

and

(b) create new policies and incorporate existing programs that

reduce drug and alcohol abuse; and

regarding crime, punishment and rehabilitation; and

(d) develop policies to address violence against animals; and

(e) analyse existing policies, employ successful field-tested

programs and develop new approaches for dealing with the

implements of violence, including gun-related violence; and

(f) develop new programs that relate to the challenges in society

of school violence, gangs, racial and ethnic violence, violence

against gays and lesbians, and police-community relations

disputes; and

(g) make policy recommendations to the Attorney-General

regarding civil rights and to the Minister for Employment and

Workplace Relations regarding labour law; and

(h) assist in the establishment and funding of community-based

violence prevention programs, including violence prevention

counselling and peer mediation in schools; and

(i) counsel and advocate on behalf of women victimised by

violence; and

(j) provide for public education programs and counselling

strategies concerning hate crimes; and

(k) promote racial, religious and ethnic tolerance; and

(l) promote local community initiatives that can draw on

neighbourhood resources to create peace projects that

facilitate the development of conflict resolution at a national

level and thereby inform and inspire national policy.

(3) The PNVC must also:

(a) advise the Ministers for Defence and Foreign Affairs on all

matters relating to national security, including the protection

of human rights and the prevention of, amelioration of and

de-escalation of unarmed and armed international conflict;

and

(b) provide ethical-based and value-based analyses to the

Department of Defence; and

and non-violent solutions as a basis for advice; and

(d) provide for the training of all civilian Australian personnel

who administer post-conflict reconstruction and

demobilisation in war-torn societies; and

(e) sponsor country and regional conflict prevention and dispute

resolution initiatives, create special task forces and draw on

local, regional, and national expertise to develop plans and

programs for addressing the root sources of conflict in

troubled areas; and

(f) provide for exchanges between Australia and other nations of

individuals who endeavour to develop domestic and

international peace-based initiatives; and

(g) encourage the development of international sister city

programs, pairing Australian cities with cities around the

world for artistic, cultural, economic, educational and

faith-based exchanges; and

(h) administer the training of civilian peacekeepers who

participate in multinational non-violent police forces and

support civilian police who participate in peacekeeping; and

(i) jointly with the Departments of Defence and Foreign Affairs,

strengthen peace enforcement through hiring and training

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monitors and investigators to help with the enforcement of

international arms embargoes;

(j) facilitate the development of peace summits at which parties

to a conflict may gather under safe and neutral conditions to

promote non-violent communication and mutually beneficial

solutions; and

(k) submit to the Prime Minister recommendations for reductions

in weapons of mass destruction, and make annual reports to

the Prime Minister on the sale of arms and munitions from

Australia to other nations, with analysis of the impact of such

sales on the defence of Australia and how such sales affect

peace; and

(l) in consultation with the Minister for Foreign Affairs, develop

strategies for sustainability and management of the

distribution of international funds; and

(m) advise the Australian Ambassador to the United Nations on

matters relating to the United Nations Security Council.

(4) In advising the Ministers for Defence and Foreign Affairs in

accordance with paragraph (3)(a), the PNVC may also advise on

Australia's obligations, responsibilities and negotiations in relation to

treaties, international agreements and matters relating to the

following subjects:

(a) atmosphere and outer space;

(b) defence and security;

(d) human rights;

(e) international cooperation;

(f) international law;

(g) maritime law and law of the sea;

(h) war and peace.

(5) If the Minister of Defence or the Minister for Foreign Affairs is

conducting negotiations or deliberations relating to treaties,

international agreements or matters listed in subsection (4), a

representative of the PNVC must be invited to attend and

participate in those negotiations or deliberations.

(6) The PNVC must also consider and offer non-violent conflict

resolution strategies to all relevant parties on issues of human

security if such security is threatened by conflict, whether such

conflict is geographic, religious, ethnic, racial or class-based in its

origin, derives from economic concerns (including trade or

mal-distribution of wealth) or is initiated through disputes

concerning scarcity of natural resources (such as water and energy

resources), food, trade or environmental concerns.

(7) The PNVC must also:

(a) seek assistance in the design and implementation of

non-violent policies from media professionals; and

(b) study the role of the media in the escalation and de-escalation

of conflict at domestic and international levels and make

findings public; and

order to provide opportunities to increase media awareness of

peace-building initiatives.

(8) The PNVC must also:

(a) develop a peace education curriculum, which is to include

studies of:

(i) the civil rights movement throughout the world, with

special emphasis on how individual endeavour and

involvement have contributed to advancements in peace

and justice; and

(ii) peace agreements and circumstances in which peaceful

intervention has worked to stop conflict; and

(b) in cooperation with the Department of Education, Science

and Training:

(i) commission the development of such curricula and make

such curricula available to schools to enable the

utilisation of peace education objectives at all primary

and secondary schools in Australia; and

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(ii) offer incentives in the form of grants and training to

encourage the development of State and Territory peace

curricula and assist schools in applying such curricula;

and

achieving peace through reflection and facilitate instruction in

the ways of peaceful conflict resolution; and

(d) maintain a site on the Internet for the purposes of soliciting

and receiving ideas for the development of peace from the

wealth of political, social and cultural diversity; and

(e) proactively engage the critical thinking capabilities of primary,

secondary and university students and teachers through the

Internet and other media and issue periodic reports

concerning submissions; and

(f) create and establish a Peace Institute, which will provide an

accredited course of instruction in peace education, after

which graduates may elect to serve in public service in

programs dedicated to domestic or international non-violent

conflict resolution; and

(g)

provide grants for peace studies departments in universities

throughout Australia.

Part 3--Responsibilities of Offices of PNVC

Division 1--Office of Peace Education and Training

9 General

There must be in the PNVC an Office of Peace Education and

Training, the head of which is the Assistant Commissioner for

Peace Education and Training. The Assistant Commissioner for

Peace Education and Training is to carry out those functions of the

Office relating to the creation, encouragement and impact of peace

education and training at the primary, secondary, university and

postgraduate levels, including the development of a Peace Institute.

10 Peace curriculum

The Assistant Commissioner of Peace Education and Training, in

cooperation with the Secretary of the Department of Education,

Science and Training, must develop a peace curriculum and

supporting materials for distribution to the departments of education

in each State and Territory. The peace curriculum must include the

development of communicative peace skills, non-violent conflict

resolution skills and related skills to increase the knowledge and

application of peace processes.

11 Grants

(1) The Assistant Commissioner of Peace Education and Training must

provide:

(a) peace education grants to universities for the creation and

expansion of peace studies departments; and

(b) community peace grants to not-for-profit community and

non-governmental organisations for the development of

neighbourhood programs for non-violent conflict resolution

and local peace building initiatives.

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(2) Grants made by the Assistant Commissioner of Peace Education

and Training under this section are to be made out of money

appropriated by the Parliament for the purpose.

Division 2--Office of Domestic Peace Activities

12 General

There must be in the PNVC an Office of Domestic Peace

Activities, the head of which is the Assistant Commissioner for

Domestic Peace Activities. The Assistant Commissioner for

Domestic Peace Activities is to carry out those functions of the

Office relating to domestic peace activities, including the

development of policies that increase awareness about intervention

and counselling on domestic violence and conflict.

13 Responsibilities

The Assistant Commissioner for Domestic Peace Activities must:

(a) develop policy alternatives for the treatment of drug and

alcohol abuse; and

(b) develop new policies and build on existing programs

responsive to the prevention of crime, including the

development of community policing strategies and peaceful

settlement skills among police and other public safety

officers; and

and promoting tolerance.

Division 3--Office of International Peace Activities

14 General

There must be in the PNVC an Office of International Peace

Activities, the head of which is the Assistant Commissioner for

International Peace Activities. The Assistant Commissioner for

International Peace Activities is to carry out those functions of the

Office relating to international peace activities.

15 Responsibilities

The Assistant Commissioner for International Peace Activities

must:

(a) provide for the training and deployment of all Peace Institute

graduates and other non-military conflict prevention and

peacemaking personnel; and

(b) sponsor country and regional conflict prevention and dispute

resolution initiatives in countries experiencing social, political

or economic conflict; and

force; and

(d) provide training for the administration of post-conflict

reconstruction and demobilisation in war-torn societies; and

(e) provide for exchanges between individuals from Australia and

other nations who are endeavouring to develop domestic and

international peace-based initiatives.

Division 4--Office of Technology for Peace

16 General

There must be in the PNVC an Office of Technology for Peace,

the head of which is the Assistant Commissioner of Technology for

Peace. The Assistant Commissioner of Technology for Peace is to

carry out those functions of the Office relating to the awareness,

study and impact of developing new technologies on the creation

and maintenance of domestic and international peace.

17 Grants

(1) The Assistant Commissioner of Technology for Peace must

provide grants for the research and development of technologies in

transportation, communications and energy that:

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(a) are non-violent in their application; and

(b) encourage the conservation and sustainability of natural

resources in order to prevent future conflicts regarding

scarce resources.

(2) Grants made by the Assistant Commissioner of Technology for

Peace under this section are to be made out of money appropriated

by the Parliament for the purpose.

Division 5--Office of Arms Control and Disarmament

18 General

There must be in the PNVC an Office of Arms Control and

Disarmament, the head of which is the Assistant Commissioner of

Arms Control and Disarmament. The Assistant Commissioner of

Arms Control and Disarmament is to carry out those functions of

the Office relating to arms control programs and arms limitation

agreements.

19 Responsibilities

The Assistant Commissioner of Arms Control and Disarmament

must:

(a) advise the PNVC Commissioner on all interdepartmental and

Commonwealth agency discussions and all international

negotiations regarding the reduction and elimination of

weapons of mass destruction throughout the world, including

the dismantling of such weapons and the safe and secure

storage of related materials; and

(b) assist nations, international agencies and nongovernmental

organisations in assessing the locations of the build-up of

nuclear arms; and

offensive or defensive nuclear weapons, whether based on

land, air, sea or in outer space; and

(d) serve as a depository for copies of all contracts, agreements,

and treaties that deal with the reduction and elimination of

nuclear weapons or the protection of outer space from

militarisation; and

(e) provide technical support and legal assistance for the

implementation of such agreements.

Division 6--Office of Peaceful Coexistence and

Non-Violent Conflict Resolution

20 General

There must be in the PNVC an Office of Peaceful Coexistence

and Non-violent Conflict Resolution, the head of which is the

Assistant Commissioner for Peaceful Coexistence and Non-violent

Conflict Resolution. The Assistant Commissioner for Peaceful

Coexistence and Non-violent Conflict Resolution is to carry out

those functions of the Office relating to research and analysis into

creating, initiating and modelling approaches to peaceful

coexistence and non-violent conflict resolution.

21 Responsibilities

The Assistant Commissioner for Peaceful Coexistence and

Non-violent Conflict Resolution must:

(a) study the impact of war, especially on the physical and mental

condition of children (using the ten-point agenda in the United

Nations Children's Fund report, State of the World's

Children 1996, as a guide), which must include the study of

the effect of war on the environment and public health; and

(b) regularly forecast the comparative costs of violent and

non-violent solutions; and

encourage scholarly participation; and

(d) gather information on effective community peace building

activities and disseminate such information to local

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governments and non-governmental organisations in Australia

and abroad; and

(e) research the effect of violence in the media and make such

reports available to both Houses of the Parliament annually;

and

(f) sponsor conferences throughout Australia to create

awareness of the work of the Office.

Division 7--Office of Human Rights and Economic Rights

22 General

There must be in the PNVC an Office of Human Rights and

Economic Rights, the head of which is the Assistant Commissioner

for Human Rights and Economic Rights. The Assistant

Commissioner for Human Rights and Economic Rights is to carry

out those functions of the Office supporting the principles of the

Universal Declaration of Human Rights passed by the General

Assembly of the United Nations on 10 December 1948.

23 Responsibilities

The Assistant Commissioner for Human Rights and Economic

Rights must:

(a) assist the PNVC Commissioner, in cooperation with the

Minister for Foreign Affairs, in furthering the incorporation of

principles of human rights, as enunciated in the United

Nations General Assembly Resolution 217A(III) of

10 December 1948, into all agreements between Australia

and other nations to help reduce the causes of violence; and

(b) gather information on and document human rights abuses,

both domestically and internationally, and recommend to the

PNVC Commissioner non-violent responses for the remedy

of abuses; and

recommendations mentioned in paragraph (b) available to

other agencies in order to facilitate non-violent conflict

resolution; and

(d) provide trained observers to work with non-governmental

organisations for the purpose of creating a climate that is

conducive to respect for human rights; and

(e) conduct economic analyses of the scarcity of human and

natural resources as a source of conflict and make

recommendations to the PNVC Commissioner for the

non-violent prevention of such scarcity, non-violent

intervention in cases of such scarcity and the development of

programs of assistance for people experiencing such scarcity,

whether due to armed conflict, mal-distribution of resources

or natural causes; and

(f) assist the PNVC Commissioner, in cooperation with the

Minister for Foreign Affairs and the Treasurer, in developing

strategies regarding the sustainability and the management of

the distribution of funds from international agencies, the

conditions regarding the receipt of such funds and the impact

of those conditions on the peace and stability of recipient

nations; and

(g) assist the PNVC Commissioner, in cooperation with the

Minister for Foreign Affairs and the Minister for Employment

and Workplace Relations, in developing strategies to promote

full compliance with domestic and international labour laws.

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Part 4--Constitution of PNVC

24 Constitution of PNVC

The PNVC consists of:

(a) the PNVC Commissioner; and

(b) seven Assistant Commissioners who are responsible for the

Offices established by this Act.

25 Duty of PNVC Commissioner

The PNVC Commissioner must keep the Attorney-General

informed of the general operations of the PNVC in respect of the

performance of the PNVC's functions.

26 Conduct of PNVC Commissioner and Assistant Commissioners

The PNVC Commissioner and Assistant Commissioners must act

in the best interests of the PNVC.

27 Appointment of commissioners

(1) For the purposes of this section and sections 29 to 33,

commissioner means the PNVC Commissioner or an Assistant

Commissioner.

(2) A commissioner is to be appointed by the Governor-General by

written instrument, on either a full-time or part-time basis.

Note:

A commissioner can be re-appointed under this section: see subsection

33(4A) of the Acts Interpretation Act 1901.

(3) A commissioner holds office for the period specified in the

instrument of appointment. The period must not exceed 3 years.

(4) A person is not eligible for appointment as a commissioner unless

the person has a high level of expertise in an area relevant to the

functions of the PNVC. Relevant areas include, but are not limited

to:

(a) peacekeeping and peace studies;

(b) international humanitarian law;

(d) non-proliferation and disarmament;

(e) civil rights;

(f) international law and treaty-making and treaty obligations.

28 Procedures for merit selection of appointments under this Act

(1) The Attorney-General must by writing determine a code of

practice, for selecting a person to be nominated by the

Commonwealth or a Minister for appointment to a position under

this Act, that sets out general principles on which the selections are

to be made, including but not limited to:

(a) merit; and

(b) independent scrutiny of appointments; and

(d) openness and transparency.

(2) After determining a code of practice under subsection (1), the

Attorney-General must publish the code in the Gazette.

(3) The Attorney-General must review a code of practice determined

under subsection (1) not later than every fifth anniversary after the

code of practice has been determined.

(4) In reviewing a code of practice, the Attorney-General must invite

the public to comment on the code.

(5) A code of practice determined under subsection (1) is a legislative

instrument for the purposes of the Legislative Instruments Act

2003.

Note:

Section 42 provides for the appointment of the CEO. That

appointment is also bound by the merit provisions contained in this

section.

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29 Remuneration

(1) A commissioner is to be paid remuneration that is determined by

the Remuneration Tribunal. If no determination of that

remuneration by the Tribunal is in operation, a commissioner is to

be paid the remuneration that is prescribed by the regulations.

(2) A commissioner is to be paid the allowances that are prescribed by

the regulations.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

30 Leave of absence

(1) A commissioner has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Attorney-General may grant a commissioner leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Attorney-General determines.

31 Outside employment

A commissioner must not engage in paid employment outside the

duties in the Commission without the Attorney-General's consent.

32 Other terms and conditions

A commissioners holds office on the terms and conditions (if any)

in relation to matters not covered by this Act that are determined

by the Governor-General.

33 Resignation

A commissioner may resign his or her appointment by giving the

Governor-General a written resignation.

34 Termination of appointment

All Commissioners

(1) The Governor-General may terminate the appointment of the

PNVC Commissioner or of an Assistant Commissioner:

(a) for misbehaviour or physical or mental incapacity; or

(b) if the PNVC Commissioner or an Assistant Commissioner:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

fails, without reasonable excuse, to comply with section 38.

(2) The Governor-General may terminate the appointment of the

PNVC Commissioner or of an Assistant Commissioner if:

(a) the PNVC Commissioner or an Assistant Commissioner is

absent, except on leave of absence, for 14 consecutive days

or for 28 days in any 12 months; or

(b) the PNVC Commissioner or an Assistant Commissioner

engages, except with the Attorney-General's consent, in paid

employment outside the duties of his or her office.

(3) Subsection (2) does not apply if the PNVC Commissioner or the

Assistant Commissioner is appointed on a part-time basis.

35 Meetings

(1) The PNVC Commissioner must convene at least 8 meetings of the

PNVC in each calendar year.

(2) Meetings of the PNVC must be held at such places as the PNVC

Commissioner determines.

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Note:

Section 33B of the Acts Interpretation Act 1901 provides for

participation in meetings by telephone etc.

(3) At a meeting of the PNVC, the PNVC Commissioner and three

Assistant Commissioners constitute a quorum, or in the absence of

the PNVC Commissioner, four Assistant Commissioners constitute

a quorum.

(4) The PNVC Commissioner must preside at all meetings of the

PNVC at which he or she is present.

(5) If the PNVC Commissioner is absent from all or part of a meeting

of the PNVC, an Assistant Commissioner chosen by the other

Assistant Commissioners present is to preside at the meeting.

36 Notice of meetings

Each Assistant Commissioner is entitled to receive reasonable

notice of meetings of the PNVC.

37 Conduct of meetings

(1) Subject to this Part, the PNVC must make rules of procedure, in

writing, for dealing with potential conflicts of interest. The PNVC

may make other rules of procedure to be followed at meetings.

(2) The PNVC may alter its rules of procedure from time to time.

(3) The PNVC must make its rules of procedure, as altered from time

to time, available to the public.

(4) The PNVC must ensure that minutes of its meetings are kept.

38 Disclosure of interests

Disclosure by the PNVC Commissioner

(1) If the PNVC Commissioner has any direct or indirect pecuniary

interest in a matter being considered, or about to be considered, by

the PNVC, being an interest that could conflict with the proper

performance of the PNVC Commissioner's functions in relation to

a matter arising at a meeting of the PNVC, then the PNVC

Commissioner must disclose that interest to the Assistant

Commissioners as soon as practicable.

(2) If the PNVC Commissioner has disclosed an interest, the PNVC

Commissioner must not participate in the consideration of the

matter by the PNVC unless all of the Assistant Commissioners

agree.

Disclosure by an Assistant Commissioner

(3) If an Assistant Commissioner has any direct or indirect pecuniary

interest in a matter being considered, or about to be considered, by

the PNVC, being an interest that could conflict with the proper

performance of the Assistant Commissioner's functions in relation

to a matter arising at a meeting of the PNVC, then the Assistant

Commissioner must disclose that interest to the PNVC

Commissioner as soon as practicable.

(4) If an Assistant Commissioner has disclosed an interest, that

Assistant Commissioner must not participate in the consideration of

the matter by the PNVC unless the PNVC Commissioner and all

of the other Assistant Commissioners agree.

Disclosure to be recorded in the minutes of the meeting

(5) Any disclosure, and any decision made by the PNVC

Commissioner and/or by the Assistant Commissioners in relation to

the disclosure, must be recorded in the minutes of the meeting.

39 Organisation of PNVC

The PNVC is to consist of the following offices:

(a) the Office of Peace Education and Training;

(b) the Office of Domestic Peace and Activities;

(d) the Office of Technology for Peace;

Part 5--Chief Executive Officer and staff of PNVC

Division 1--Chief Executive Officer

Subdivision A--Establishment and functions of Chief Executive

Officer

40 Chief Executive Officer

There is to be a Chief Executive Officer (the CEO) of the PNVC.

41 Functions of CEO

(1) The functions of the CEO are:

(a) to administer the financial resources of the PNVC; and

(b) to manage the day-to-day administration of the PNVC.

(2) All acts and things done in the name of, or on behalf of, the PNVC

by the CEO are taken as having been done by the PNVC.

Subdivision B--Appointment of CEO

42 Appointment of CEO

(1) Subject to section 28, the CEO is to be appointed by the

Attorney-General by written instrument, on either a full-time or

part-time basis.

Note:

The CEO can be re-appointed under this section: see subsection

33(4A) of the Acts Interpretation Act 1901.

(2) The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 3 years.

43 Acting CEO

(1) The Attorney-General may appoint a person to act as the CEO:

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(a) during a vacancy in the office of the CEO, whether or not an

appointment has previously been made to the office; or

(b) during any period, or during all periods, when the CEO is

absent from duty or from Australia, or is, for any reason,

unable to perform the duties of the office.

Note:

See also section 33A of the Acts Interpretation Act 1901, which

contains additional rules about acting appointments.

(2) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

44 Remuneration

(1) The CEO is to be paid remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration by

the Tribunal is in operation, the CEO is to be paid the remuneration

that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) Subsections (1) and (2) have effect subject to the Remuneration

Tribunal Act 1973.

45 Leave of absence

(1) A full-time CEO has the recreation leave entitlements that are

determined by the Remuneration Tribunal.

(2) The Attorney-General may grant a full-time CEO leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Attorney-General determines.

(3) The PNVC Commissioner may grant leave of absence to a

part-time CEO on the terms and conditions that the PNVC

Commissioner determines.

46 Outside employment

(1) A full-time CEO must not engage in paid employment outside the

duties of the CEO's office without the Attorney-General's consent.

(2) A part-time CEO must not engage in paid employment that

conflicts or could conflict with the proper performance of the

CEO's duties without the Attorney-General's consent.

47 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Attorney-General.

48 Resignation

The CEO may resign his or her appointment by giving the

Attorney-General a written resignation.

49 Termination of appointment

Full-time or part-time CEO

(1) The Attorney-General may terminate the appointment of the CEO:

(a) for misbehaviour or physical or mental incapacity; or

(b) if the CEO:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

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consecutive days or for 28 days in any 12 months; or

(d) if the CEO fails, without reasonable excuse, to comply with

section 50.

(2) Paragraph (1)(c) does not apply if the CEO is appointed on a

part-time basis.

Additional ground: full-time CEO

(3) The Minister may terminate the appointment of a full-time CEO if

the CEO engages, except with the Minister's consent, in paid

employment outside the duties of his or her office.

Additional ground: part-time CEO

(4) The Minister may terminate the appointment of a part-time CEO if

the CEO engages, except with the Minister's consent, in paid

employment that conflicts or could conflict with the proper

performance of the duties of his or her office.

50 Disclosure of interests

The CEO must give written notice to the Minister of any direct or

indirect pecuniary interest that the CEO has or acquires and that

conflicts or could conflict with the proper performance of the

CEO's functions.

51 Delegation

The CEO may, in writing, delegate any of his or her functions to an

SES employee or acting SES employee of the PNVC staff.

Note 1:

Section 17AA of the Acts Interpretation Act 1901 contains the

definitions of SES employee and acting SES employee.

Note 2:

See also sections 34AA, 34AB and 34A of the Acts Interpretation Act

1901, which contain additional rules about delegations.

Division 2--Staff etc. to assist PNVC

52 Staff of PNVC

(1) The staff necessary to assist the PNVC are to be persons engaged

under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the CEO and the APS employees assisting the PNVC

together constitute a Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

53 Secondment of persons to assist PNVC

Secondment of Commonwealth officials

(1) The CEO, on behalf of the PNVC, may arrange with:

(a) an Agency Head within the meaning of the Public Service

Act 1999; or

(b) an authority of the Commonwealth;

for the services of officers or employees of the Agency or the

authority to be made available to assist the PNVC in the

performance of its functions.

Secondment of State or Territory officials

(2) The CEO, on behalf of the PNVC, may arrange with the

appropriate authority of a State or Territory for the services of

officers or employees of the Public Service of that State or

Territory to be made available to assist the PNVC in the

performance of its functions.

Reimbursement by the Commonwealth

(3) An arrangement under subsection (2) may provide for the

Commonwealth to reimburse a State or Territory for the services

of a person to whom the arrangement relates.

Part 6--Review of PNVC

55 Review of PNVC

(1) A review of the operation, impact and effectiveness of the PNVC

is to be conducted by two persons appointed by the Attorney-

General from the following categories:

(a) one person who has served as an Australian Ambassador for

a period of not less then 10 years and who is retired; and

(b) one person who has held the position of professor of

international relations at an Australian university for a period

of not less than 10 years.

(2) The review must be conducted by the end of 2011, and a written

report of the review must be prepared and provided to the Minister.

(3) The Minister must cause a copy of the report prepared under

subsection (2) to be laid before each House of Parliament within 7

sitting days after the Minister receives the report.

56 Sunset provision

This Act ceases to be in force on 30 June 2012.

57 Annual report

(1) The PNVC must, within 60 days after the end of each year ending

on 30 June, give the Minister a report on its operations during that

year, for presentation to the Parliament.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains additional rules about annual reports.

(2) If a person was engaged under section 54 during a year, then the

report relating to that year must set out:

(a) the name of the individual or body engaged; and

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(b) the manner in which the individual or body assisted in the

performance of the PNVC's functions.

(3) The report must contain a summary of:

(a) all recommendations and reports made in accordance with

paragraph 8(3)(k); and

(b) all contributions made by the PNVC to negotiations or

deliberations relating to treaties, international agreements or

matters listed in subsection 8(4).

58 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

PEACE AND NON-VIOLENCE COMMISSION BILL 2007 [2008]