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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Community Relations Commission and
Principles of Multiculturalism
Amendment Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Community Relations Commission and
Principles of Multiculturalism Act 2000 (the principal Act) to incorporate certain
recommendations arising from the statutory review of the principal Act. In particular,
this Bill:
(a) restates the principles of multiculturalism and includes the principle that all
individuals should demonstrate a unified commitment to Australia, its
interests and future and should recognise the importance of shared values
governed by the rule of law within a democratic framework, and
(b) clarifies the objectives of the Community Relations Commission (the
Commission) and includes the objective of promoting the principles of
multiculturalism, and
(c) expands the functions of the Commission to include researching matters
related to the objectives of the Commission and the facilitation of consistency
across Government agencies on issues associated with cultural diversity, and
(d) extends the time within which the Commission's annual report on the state of
community relations is to be made.
b2010-028-25.d10
Community Relations Commission and Principles of Multiculturalism Amendment Bill 2010
Explanatory note
This Bill also:
(a) authorises the appointment of an acting Chairperson during any absence of the
Chairperson of the Commission, and
(b) changes the audit and financial reporting obligations of the Commission.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act, other than
Schedule 2.4, on the date of assent to the proposed Act. Schedule 2.4 commences, or
is taken to have commenced, on 30 June 2010.
Schedule 1 Amendment of Community Relations
Commission and Principles of
Multiculturalism Act 2000 No 77
Schedule 1 [1] amends section 3 of the principal Act to restate the principles of
multiculturalism and to include the following additional principle:
All individuals in New South Wales, irrespective of their linguistic,
religious, racial and ethnic backgrounds, should demonstrate a unified
commitment to Australia, its interests and future and should recognise
the importance of shared values governed by the rule of law within a
democratic framework.
Schedule 1 [2][4] amend section 12 of the principal Act to recast certain objectives
of the Commission to clarify the Commission's focus.
Schedule 1 [5][8] amend section 13 of the principal Act to provide that the
functions of the Commission include researching matters relating to the
Commission's objectives, providing a single coordination point for integrated
responses to emerging issues associated with cultural diversity, facilitating
consistency across authorities on issues associated with cultural diversity and the
referral of certain matters to the Anti-Discrimination Board.
Schedule 1 [9] amends section 14 of the principal Act to extend, from March to
April, the time within which the Commission is to provide its annual report on the
state of community relations in New South Wales.
Schedule 1 [10] amends the note to section 18 of the principal Act as a consequence
of the amendments to the Public Finance and Audit Act 1983 made by Schedule 2.4.
Schedule 1 [11][13] amend Schedule 1 to the principal Act to provide for the
appointment of an acting Chairperson during any absence of the Chairperson of the
Commission.
Explanatory note page 2
Community Relations Commission and Principles of Multiculturalism Amendment Bill 2010
Explanatory note
Schedule 1 [14] amends clause 4 of Schedule 2 to the principal Act to provide that
the Deputy Chairperson of the Commission is to preside at a meeting of the
Commission in the absence of the Chairperson.
Schedule 2 Amendment of other Acts
Schedule 2.1 amends the Anti-Discrimination Act 1977 to provide that the
Anti-Discrimination Board may carry out investigations in relation to matters
referred to it by the Commission.
Schedule 2.2 amends the Health Records and Information Privacy Act 2002 to
provide that the Health Privacy Principles do not apply to information that is
collected or held by the Commission only for the purpose of providing translation
services. Schedule 2.3 makes a similar amendment to the Privacy and Personal
Information Protection Act 1998.
Schedule 2.4 amends the Public Finance and Audit Act 1983 to provide that the
auditing and financial reporting requirements of the Commission are to change from
those of a Department to those of a statutory body.
Explanatory note page 3
First print
New South Wales
Community Relations Commission and
Principles of Multiculturalism
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Community Relations Commission and
Principles of Multiculturalism Act 2000 No 77 3
Schedule 2 Amendment of other Acts 6
b2010-028-25.d10
New South Wales
Community Relations Commission and
Principles of Multiculturalism
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Community Relations Commission and Principles of
Multiculturalism Act 2000 in relation to the principles of multiculturalism and the
functions of the Community Relations Commission; and for other purposes.
Community Relations Commission and Principles of Multiculturalism
Clause 1 Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Community Relations Commission and Principles of 3
Multiculturalism Amendment Act 2010. 4
2 Commencement 5
(1) Except as provided by subsection (2), this Act commences on the date 6
of assent to this Act. 7
(2) Schedule 2.4 commences, or is taken to have commenced, on 8
30 June 2010. 9
Page 2
Community Relations Commission and Principles of Multiculturalism
Amendment Bill 2010
Amendment of Community Relations Commission and Principles of Schedule 1
Multiculturalism Act 2000 No 77
Schedule 1 Amendment of Community Relations 1
Commission and Principles of 2
Multiculturalism Act 2000 No 77 3
[1] Section 3 Principles of multiculturalism 4
Omit section 3 (1) and (2). Insert instead: 5
(1) Multiculturalism is founded on the following principles (the 6
principles of multiculturalism): 7
(a) the people of New South Wales are of different linguistic, 8
religious, racial and ethnic backgrounds who, either 9
individually or in community with other members of their 10
respective groups, are free to profess and practise their 11
heritage, 12
(b) all individuals in New South Wales, irrespective of their 13
linguistic, religious, racial and ethnic backgrounds, should 14
demonstrate a unified commitment to Australia, its 15
interests and future and should recognise the importance of 16
shared values governed by the rule of law within a 17
democratic framework, 18
(c) all individuals in New South Wales should have the 19
greatest possible opportunity to contribute to, and 20
participate in, all aspects of public life in which they may 21
legally participate, 22
(d) all individuals and institutions should respect and make 23
provision for the culture, language and religion of others 24
within an Australian legal and institutional framework 25
where English is the common language, 26
(e) all individuals should have the greatest possible 27
opportunity to make use of and participate in relevant 28
activities and programmes provided or administered by the 29
Government of New South Wales, 30
(f) all institutions of New South Wales should recognise the 31
linguistic and cultural assets in the population of New 32
South Wales as a valuable resource and promote this 33
resource to maximise the development of the State. 34
(2) Parliament recognises that the principles of multiculturalism are 35
based on citizenship. The expression citizenship is not limited to 36
formal Australian citizenship, but refers to the rights and 37
responsibilities of all people in a multicultural society. 38
Page 3
Community Relations Commission and Principles of Multiculturalism
Amendment Bill 2010
Schedule 1 Amendment of Community Relations Commission and Principles of
Multiculturalism Act 2000 No 77
[2] Section 12 Objectives of Commission 1
Omit "benefits of cultural diversity" from section 12 (d). 2
Insert instead "promotion of the principles of multiculturalism". 3
[3] Section 12 (e) 4
Omit the paragraph. 5
[4] Section 12 (f) 6
Omit ", community development and community initiatives for ethnic 7
communities". 8
Insert instead "and community development". 9
[5] Section 13 Functions of Commission 10
Omit section 13 (1) (c). Insert instead: 11
(c) to research or investigate and report to the Minister on any 12
matter relating to its objectives that the Commission 13
considers appropriate or that the Minister refers to the 14
Commission for research or investigation and report, 15
[6] Section 13 (1) (f1) 16
Insert after section 13 (1) (f): 17
(f1) to provide a single coordination point for integrated 18
responses to emerging issues associated with cultural 19
diversity, 20
[7] Section 13 (1) (g) 21
Insert ", so as to facilitate consistency across authorities on issues associated 22
with cultural diversity" after "services". 23
[8] Section 13 (1) (m1) 24
Insert after section 13 (1) (m): 25
(m1) to refer matters relating to discrimination and racial 26
vilification to the Anti-Discrimination Board, 27
[9] Section 14 Reporting on state of community relations 28
Omit "March" from section 14 (3). Insert instead "April". 29
[10] Section 18 Financial year 30
Omit "Annual Reports (Departments) Act 1985" from the note. 31
Insert instead "Annual Reports (Statutory Bodies) Act 1984". 32
Page 4
Community Relations Commission and Principles of Multiculturalism
Amendment Bill 2010
Amendment of Community Relations Commission and Principles of Schedule 1
Multiculturalism Act 2000 No 77
[11] Schedule 1 Provisions relating to commissioners 1
Omit clause 2 (3). Insert instead: 2
(3) During any absence of a full-time Chairperson, a person 3
appointed to act in the office of Chairperson under Chapter 2 of 4
the Public Sector Employment and Management Act 2002 may 5
attend any meeting of the Commission, but: 6
(a) is not entitled to preside at the meeting, and 7
(b) is not entitled to vote at the meeting. 8
Note. The office of full-time Chairperson is a public service executive 9
position created under Chapter 2 of the Public Sector Employment and 10
Management Act 2002. That Act enables the appointment of any other 11
public service officer to act in the position in the absence of the 12
Chairperson or a vacancy in the office of the Chairperson. 13
[12] Schedule 1, clause 2 (4) 14
Omit "the Chairperson". Insert instead "a full-time Chairperson". 15
[13] Schedule 1, clause 4 (2) (b) 16
Insert ", acting Chairperson" after "as Chairperson". 17
[14] Schedule 2 Provisions relating to procedure of Commission 18
Omit clause 4 (1). Insert instead: 19
(1) The Chairperson or, in the absence of the Chairperson, the 20
Deputy Chairperson is to preside at a meeting of the Commission. 21
Note. The reference to the Chairperson does not include an acting 22
Chairperson--see clause 2 of Schedule 1. 23
Page 5
Community Relations Commission and Principles of Multiculturalism
Amendment Bill 2010
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Anti-Discrimination Act 1977 No 48 2
Section 119 General functions of the Board 3
Insert after section 119 (1) (a): 4
(a1) without limiting paragraph (a), carry out investigations, 5
research and inquiries relating to discrimination or racial 6
vilification on the referral of a matter to the Board by the 7
Community Relations Commission, 8
2.2 Health Records and Information Privacy Act 2002 No 71 9
Section 17A 10
Insert after section 17: 11
17A Exemption for certain translation services 12
The Health Privacy Principles do not apply in respect of health 13
information collected or held by the Community Relations 14
Commission if: 15
(a) the information is collected or held by the Commission for 16
the purpose only of translating the information, and 17
(b) all documents held by the Commission in which the 18
information is contained are destroyed or returned to the 19
person who submitted the information for translation when 20
the Commission is satisfied that the documents are no 21
longer required for the provision of the translation service, 22
and 23
(c) in a case where it is necessary for the information to be 24
given to another person in connection with the provision of 25
the translation service, everything reasonably within the 26
power of the Commission is done to prevent unauthorised 27
disclosure of the information by that other person. 28
Page 6
Community Relations Commission and Principles of Multiculturalism
Amendment Bill 2010
Amendment of other Acts Schedule 2
2.3 Privacy and Personal Information Protection Act 1998 1
No 133 2
Section 28 Other exemptions 3
Insert after section 28 (1): 4
(2) The information protection principles do not apply in respect of 5
personal information collected or held by the Community 6
Relations Commission if: 7
(a) the information is collected or held by the Commission for 8
the purpose only of translating the information, and 9
(b) all documents held by the Commission in which the 10
information is contained are destroyed or returned to the 11
person who submitted the information for translation when 12
the Commission is satisfied that the documents are no 13
longer required for the provision of the translation service, 14
and 15
(c) in a case where it is necessary for the information to be 16
given to another person in connection with the provision of 17
the translation service, everything reasonably within the 18
power of the Commission is done to prevent unauthorised 19
disclosure of the information by that other person. 20
2.4 Public Finance and Audit Act 1983 No 152 21
[1] Schedule 2 Statutory bodies 22
Insert in alphabetical order: 23
Community Relations Commission 24
[2] Schedule 3 Departments 25
Omit the matter relating to the Community Relations Commission. 26
Page 7
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