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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 Bill 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Principles of multiculturalism 2
4 Definitions 3
5 Notes 4
Part 2 Constitution of Commission
6 Constitution of Commission 5
7 Membership and procedure of Commission 5
8 Chairperson of Commission 5
9 Staff of Commission 6
10 Regional advisory councils 6
11 Other committees 6
Community Relations Commission and Principles of Multiculturalism Bill 2000
Contents
Page
Part 3 Objectives and functions of Commission
12 Objectives of Commission 8
13 Functions of Commission 8
14 Reporting on the state of community relations 9
15 Public authorities to assist Commission 10
16 Delegation of functions 10
Part 4 Miscellaneous
17 Act to bind Crown 11
18 Financial year 11
19 Recovery of money by Commission 11
20 Service of documents on Commission 11
21 Personal liability 12
22 Legal consequences of principles of multiculturalism 12
23 Regulations 12
24 Consequential amendment of other Acts and regulations 12
25 Repeals 12
26 Savings, transitional and other provisions 12
27 Review of Act 12
Schedules
1 Provisions relating to commissioners 13
2 Provisions relating to procedure of Commission 19
3 Consequential amendment of other Acts and regulations 21
4 Savings, transitional and other provisions 25
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Community Relations Commission and
Principles of Multiculturalism Bill 2000
Act No , 2000
An Act to establish principles of multiculturalism as the policy of the State; to
constitute the Community Relations Commission of New South Wales; to provide
for its objectives and functions; to repeal the Ethnic Affairs Commission Act 1979
and to amend certain other Acts and regulations; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 1 Preliminary
The Legislature of New South Wales enacts:
Preamble
This Act:
(a) recognises and values the different linguistic, religious, racial and ethnic
backgrounds of the people of New South Wales, and
(b) promotes the equal rights and responsibilities of all the people of New South
Wales within a cohesive and harmonious multicultural society in which
diversity is regarded as a strength and an asset, individuals share a
commitment to Australia, and English is the common language.
The Legislature of New South Wales therefore enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Community Relations Commission and Principles of
Multiculturalism Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Principles of multiculturalism
(1) Parliament recognises that the people of New South Wales are of
different linguistic, religious, racial and ethnic backgrounds, who,
either individually or in community with other members of their
respective groups, are free to profess, practise and maintain their own
linguistic, religious, racial and ethnic heritage. It does so by supporting
and promoting the following principles of multiculturalism:
(a) Principle 1
All individuals in New South Wales should have the greatest
possible opportunity to contribute to, and participate in, all
aspects of public life in which they may legally participate.
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Community Relations Commission and Principles of Multiculturalism Bill Clause 3
2000
Preliminary Part 1
(b) Principle 2
All individuals and institutions should respect and make
provision for the culture, language and religion of others within
an Australian legal and institutional framework where English
is the common language.
(c) Principle 3
All individuals should have the greatest possible opportunity to
make use of and participate in relevant activities and programs
provided or administered by the Government of New South
Wales.
(d) Principle 4
All institutions of New South Wales should recognise the
linguistic and cultural assets in the population of New South
Wales as a valuable resource and promote this resource to
maximise the development of the State.
(2) Parliament also recognises that those principles are based on
citizenship. The expression citizenship is not limited to formal
Australian citizenship, but refers to the rights and responsibilities of all
people in a multicultural society in which there is:
(a) a recognition of the importance of shared values within a
democratic framework governed by the rule of law, and
(b) a unifying commitment to Australia, its interests and future.
The principles of multiculturalism are to be construed accordingly.
(3) The principles of multiculturalism are the policy of the State.
(4) Accordingly, each public authority must observe the principles of
multiculturalism in conducting its affairs.
(5) It is the duty of the chief executive officer of each public authority to
implement the provisions of this section within the area of his or her
administration.
4 Definitions
In this Act:
Chairperson means the Chairperson of the Commission, being a
full-time or part-time Chairperson as referred to in section 8.
Page 3
Clause 4 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 1 Preliminary
citizenship--see section 3 (2).
Commission means the Community Relations Commission of New
South Wales constituted by this Act.
cultural diversity means the different linguistic, religious, racial and
ethnic backgrounds of the people of New South Wales.
exercise a function includes perform a duty.
function includes a power, authority or duty.
principles of multiculturalism--see section 3.
public authority means any public or local authority constituted by or
under an Act, and includes a Government department, a statutory State
owned corporation, a local council, a body whose accounts are
required to be audited by the Auditor General or any other body
prescribed by the regulations.
5 Notes
Notes included in this Act do not form part of this Act.
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Community Relations Commission and Principles of Multiculturalism Bill Clause 6
2000
Constitution of Commission Part 2
Part 2 Constitution of Commission
6 Constitution of Commission
(1) There is constituted by this Act a corporation with the corporate name
of the Community Relations Commission of New South Wales.
(2) The Commission is, for the purposes of any Act, a statutory body
representing the Crown.
(3) The Commission is subject to the control and direction of the
Minister, except in relation to the contents of any advice, report or
recommendation given to the Minister or any other person or body.
(4) The Commission is to adopt the phrase "For a multicultural NSW" for
use in conjunction with the name of the Commission.
7 Membership and procedure of Commission
(1) The Commission is to consist of not more than 9 commissioners,
being:
(a) a full-time Chairperson and part-time commissioners appointed
by the Governor, or
(b) part-time commissioners appointed by the Governor.
(2) Schedule 1 has effect with respect to the commissioners.
(3) Schedule 2 has effect with respect to the procedure of the
Commission.
8 Chairperson of Commission
(1) The Chairperson of the Commission is the person holding office as
such under Part 2 of the Public Sector Management Act 1988 (referred
to in this Act as a full-time Chairperson).
(2) A full-time Chairperson is the chief executive officer of the
Commission.
(3) If there is no full-time Chairperson, a part-time commissioner may, by
the instrument of his or her appointment or by a subsequent instrument
executed by the Governor, be appointed as Chairperson of the
Commission.
Page 5
Clause 9 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 2 Constitution of Commission
9 Staff of Commission
(1) Such staff as may be necessary to enable the Commission to exercise
its functions may be employed under Part 2 of the Public Sector
Management Act 1988.
(2) The Commission may arrange for the use of the services of any staff
or facilities of a government department or other public authority.
(3) The Commission may engage such consultants as the Commission
requires to assist it in the exercise of its functions.
(4) For the purposes of this Act, a person who is employed under
subsection (1) or whose services are made use of under subsection (2)
is an officer of the Commission.
10 Regional advisory councils
(1) The Commission is to establish regional advisory councils for regional
areas of the State.
(2) The function of a regional advisory council is to advise the
Commission on any matter relating to the Commission's functions that
the council considers appropriate or that the Commission refers to the
council for advice.
(3) A regional advisory council is to comprise representatives of relevant
local or regional agencies, community organisations or individuals and
a commissioner of the Commission (who is to be the chairperson of
the council). The composition of a regional advisory council is to
reflect the diversity of the local community concerned.
(4) The procedure for the calling of meetings of a regional advisory
council and for the conduct of business at those meetings is to be as
determined by the Commission or (subject to any determination of the
Commission) by the council.
11 Other committees
(1) The Commission may establish standing committees to assist it in
connection with the exercise of any of its functions or special
committees to consider and report on particular issues.
(2) It does not matter that any or all of the members of a committee are not
commissioners of the Commission.
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Community Relations Commission and Principles of Multiculturalism Bill Clause 11
2000
Constitution of Commission Part 2
(3) The procedure for the calling of meetings of a committee and for the
conduct of business at those meetings is to be as determined by the
Commission or (subject to any determination of the Commission) by
the committee.
Page 7
Clause 12 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 3 Objectives and functions of Commission
Part 3 Objectives and functions of Commission
12 Objectives of Commission
The objectives of the Commission are as follows:
(a) participation of the people of New South Wales in community
life and the public decision-making process so that they can
exercise their rights and fulfil their obligations,
(b) access to government and community services that is equitable
and that has regard to the linguistic, religious, racial and ethnic
diversity of the people of New South Wales,
(c) the promotion of a cohesive and harmonious multicultural
society with mutual respect for and understanding of cultural
diversity,
(d) the enrichment of all sections of society through the benefits of
cultural diversity,
(e) the promotion of the principles of multiculturalism and the
advantages of a multicultural society,
(f) the promotion of social justice, community development and
community initiatives for ethnic communities in New South
Wales.
13 Functions of Commission
The functions of the Commission are as follows:
(a) to undertake systematic and wide-ranging consultation with
people and groups with respect to its objectives,
(b) to advise and make recommendations to the Minister to
promote any of its objectives,
(c) to investigate and report to the Minister on any matter relating
to its objectives that the Commission considers appropriate or
that the Minister refers to the Commission for investigation and
report,
(d) to arrange and participate in forums to promote its objectives,
(e) to facilitate co-operative arrangements involving governmental,
business, educational and community groups or bodies to
promote its objectives,
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Community Relations Commission and Principles of Multiculturalism Bill Clause 13
2000
Objectives and functions of Commission Part 3
(f) to enter into agreements with public authorities in connection
with their functions to promote the objectives of the
Commission (including, but not limited to, the objective
relating to access to government services),
(g) to assist, and assess the effectiveness of, public authorities in
observing the principles of multiculturalism in the conduct of
their affairs, particularly in connection with the delivery of
government services,
(h) to assist in resolving issues associated with cultural diversity,
(i) to provide interpreter or other services approved by the
Minister,
(j) to advise the Minister on the most effective use of funds
appropriated by Parliament for programs related to its
objectives (including funds for the provision of resources to
community groups that promote the objectives of the
Commission),
(k) to support community initiatives that promote the objectives of
the Commission,
(l) to encourage eligible people to become Australian citizens,
(m) to advise and make recommendations to the
Anti-Discrimination Board on matters relating to
discrimination and racial vilification,
(n) such other functions as are conferred or imposed on it by or
under this or any other Act.
14 Reporting on the state of community relations
(1) The Commission is to prepare a report, for each calendar year, on the
state of community relations in New South Wales as affected by
cultural diversity, including an assessment of the effectiveness of
public authorities in observing the principles of multiculturalism in the
conduct of their affairs.
(2) The report may include recommendations of the Commission in
relation to any relevant matters.
(3) The report is to be furnished to the Minister before the end of March
in the year following the year to which the report relates.
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Clause 14 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 3 Objectives and functions of Commission
(4) The Minister is to lay, or cause to be laid, a copy of the report before
each House of Parliament within 14 sitting days of the House after
receiving the report.
(5) If a House of Parliament is not sitting when the Minister seeks to have
a copy of the report laid before the House, the Minister may present a
copy of the report to the Clerk of that House.
(6) The report, if presented to the Clerk:
(a) is, on presentation, and for all purposes, taken to have been laid
before the House, and
(b) may be printed by the authority of the Clerk, and
(c) if printed by authority of the Clerk, is for all purposes taken to
be a document published by or under the authority of the
House, and
(d) is to be recorded in the Minutes, or Votes and Proceedings, of
the House on the first sitting day of the House after presentation
of the report to the Clerk.
15 Public authorities to assist Commission
(1) This section applies to any investigation conducted by the Commission
under this Act that affects the functions of a public authority.
(2) The public authority is to give the Commission all such assistance and
make available all such information with respect to any such function
as the Commission may require for the purposes of that investigation.
(3) Public authorities may, at the request of the Commission, provide
officers of the public authority to be members or to advise members of
committees of the Commission established to advise and report on any
issue for the purposes of that investigation.
16 Delegation of functions
(1) The Commission may delegate to the Chairperson any of the functions
of the Commission (other than this power of delegation).
(2) The Chairperson may sub-delegate to an officer of the Commission
any function delegated by the Commission if the Chairperson is
authorised in writing to do so by the Commission.
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Community Relations Commission and Principles of Multiculturalism Bill Clause 17
2000
Miscellaneous Part 4
Part 4 Miscellaneous
17 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far
as the legislative power of the Parliament of New South Wales permits,
the Crown in all its other capacities.
18 Financial year
(1) The financial year of the Commission is the year commencing on 1
July.
(2) A different financial year may be determined by the Treasurer under
section 4 (1A) of the Public Finance and Audit Act 1983.
Note. The Public Finance and Audit Act 1983 makes provision for the keeping and
audit of the accounts of the Commission and the Annual Reports (Departments) Act
1985 makes provision for the preparation and tabling in Parliament of the annual
report of the Commission.
19 Recovery of money by Commission
Any charge, fee or money due to the Commission, or to the Crown in
respect of any of the activities of the Commission, may be recovered
by the Commission as a debt, if no express provision is otherwise
made for its recovery.
20 Service of documents on Commission
(1) A document may be served on the Commission by leaving it at, or by
sending it by post addressed to, the Commission's office or, if it has
more than one office, any of its offices.
(2) Nothing in this section affects the operation of any provision of a law
or of the rules of a court authorising a document to be served on the
Commission in any other manner.
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Clause 21 Community Relations Commission and Principles of Multiculturalism Bill
2000
Part 4 Miscellaneous
21 Personal liability
A matter or thing done by the Commission, by a commissioner of the
Commission or by a person acting under the direction of the
Commission or a commissioner does not, if the matter or thing was
done in good faith for the purposes of executing this or any other Act,
subject a commissioner or a person so acting personally to any action,
liability, claim or demand.
22 Legal consequences of principles of multiculturalism
Nothing in section 3 gives rise to, or can be taken into account in, any
civil cause of action.
23 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
24 Consequential amendment of other Acts and regulations
The Acts and regulations set out in Schedule 3 are amended as set out
in that Schedule.
25 Repeals
(1) The Ethnic Affairs Commission Act 1979 is repealed.
(2) The Ethnic Affairs Commission Regulation 1997 is repealed.
26 Savings, transitional and other provisions
Schedule 4 has effect.
27 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
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Community Relations Commission and Principles of Multiculturalism Bill
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Provisions relating to commissioners Schedule 1
Schedule 1 Provisions relating to commissioners
(Section 7 (2))
1 Definitions
In this Schedule:
commissioner means any commissioner of the Commission, including
the Chairperson.
part-time commissioner means a commissioner other than a full-time
Chairperson.
2 Chairperson
(1) The Chairperson (other than a full-time Chairperson) vacates office as
Chairperson if the person:
(a) is removed from office by the Governor under this clause, or
(b) ceases to be a commissioner.
(2) The Governor may at any time remove the Chairperson (other than a
full-time Chairperson) from office as Chairperson.
Note. The Public Sector Management Act 1988 makes provision for the removal
of a full-time Chairperson from office.
(3) During any absence of a full-time Chairperson, a person appointed to
act in the office of Chairperson under Part 2 of the Public Sector
Management Act 1988 may attend any meeting of the Commission,
but:
(a) is not entitled to preside at the meeting, and
(b) is not entitled to vote at the meeting.
Note. The office of full-time Chairperson is a public service executive position
created under Part 2 of the Public Sector Management Act 1988. That Act enables
the appointment of any other public service officer to act in the position in the
absence of the Chairperson or a vacancy in the office of Chairperson.
(4) For the purposes of this clause, a vacancy in the office of Chairperson
is taken to be an absence of a full-time Chairperson.
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Community Relations Commission and Principles of Multiculturalism Bill
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Schedule 1 Provisions relating to commissioners
3 Deputy Chairperson
(1) A part-time commissioner may, by the instrument of his or her
appointment or by a subsequent instrument executed by the Governor,
be appointed as Deputy Chairperson of the Commission.
(2) The Deputy Chairperson vacates office as Deputy Chairperson if the
person:
(a) is removed from office by the Governor under this clause, or
(b) ceases to be a commissioner.
(3) The Governor may at any time remove the Deputy Chairperson from
office as Deputy Chairperson.
4 Deputies of part-time commissioners
(1) The Minister may, from time to time, appoint a person to be the deputy
of a part-time commissioner, and the Minister may revoke any such
appointment.
(2) In the absence of a part-time commissioner, the commissioner's deputy:
(a) may, if available, act in the place of the absent commissioner,
and
(b) while so acting, has all the functions of the commissioner (other
than any functions the commissioner has as Chairperson, acting
Chairperson or Deputy Chairperson) and is taken to be a part-
time commissioner.
(3) A person while acting in the place of a part-time commissioner is
entitled to be paid such remuneration (including travelling and
subsistence allowances) as the Minister may from time to time
determine in respect of the person.
(4) For the purposes of this clause, a vacancy in the office of a part-time
commissioner is taken to be an absence of the commissioner.
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Community Relations Commission and Principles of Multiculturalism Bill
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Provisions relating to commissioners Schedule 1
5 Part-time commissioners undertaking full-time duties
(1) The Minister may, at the request of the Commission, authorise a part-
time commissioner to be engaged on a full-time or other basis on any
particular work for the Commission or a committee of the Commission.
(2) A part-time commissioner is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may
from time to time determine in respect of any such work (in addition to
any other remuneration to which the part-time commissioner is entitled
under this Schedule).
(3) Any such commissioner continues to be a part-time commissioner for
the purposes of this Act.
6 Terms of office of part-time commissioners
Subject to this Schedule, a part-time commissioner holds office for such
period (not exceeding 5 years) as is specified in the commissioner's
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
7 Remuneration
A part-time commissioner is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may
from time to time determine in respect of the commissioner.
8 Vacancy in office of part-time commissioner
(1) The office of a part-time commissioner becomes vacant if the
commissioner:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Governor under this clause or
under Part 8 of the Public Sector Management Act 1988, or
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Community Relations Commission and Principles of Multiculturalism Bill
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Schedule 1 Provisions relating to commissioners
(e) is absent from 4 consecutive meetings of the Commission of
which reasonable notice has been given to the commissioner
personally or in the ordinary course of post, except on leave
granted by the Commission or unless, before the expiration of
4 weeks after the last of those meetings, the commissioner is
excused by the Commission for having been absent from those
meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by penal servitude or imprisonment for 12 months
or more or is convicted elsewhere than in New South Wales of
an offence that, if committed in New South Wales, would be an
offence so punishable.
(2) The Governor may at any time remove a part-time commissioner from
office.
9 Disclosure of pecuniary interests
(1) If:
(a) a commissioner has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a meeting
of the Commission, and
(b) the interest appears to raise a conflict with the proper
performance of the commissioner's duties in relation to the
consideration of the matter,
the commissioner must, as soon as possible after the relevant facts have
come to the commissioner's knowledge, disclose the nature of the
interest at a meeting of the Commission.
(2) A disclosure by a commissioner at a meeting of the Commission that
the commissioner:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
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Community Relations Commission and Principles of Multiculturalism Bill
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Provisions relating to commissioners Schedule 1
(c) has some other specified interest relating to a specified company
or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under this clause.
(3) The Commission must cause particulars of any disclosure made under
this clause to be recorded in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on
payment of such fee as may be determined by the Commission from
time to time.
(4) After a commissioner has disclosed the nature of an interest in any
matter, the commissioner must not, unless the Minister or the
Commission otherwise determines:
(a) be present during any deliberation of the Commission with
respect to the matter, or
(b) take part in any decision of the Commission with respect to the
matter.
(5) For the purposes of the making of a determination by the Commission
under subclause (4), a commissioner who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Commission for the
purpose of making the determination, or
(b) take part in the making by the Commission of the determination.
(6) A contravention of this clause does not invalidate any decision of the
Commission.
10 Filling of vacancy in office of part-time commissioner
If the office of a part-time commissioner becomes vacant, a person is,
subject to this Act, to be appointed to fill the vacancy.
11 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or
in respect of the appointment of a part-time commissioner.
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Community Relations Commission and Principles of Multiculturalism Bill
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Schedule 1 Provisions relating to commissioners
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside the
duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of a part-time commissioner or from
accepting and retaining any remuneration payable to the person under
this Act as such a commissioner.
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Community Relations Commission and Principles of Multiculturalism Bill
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Provisions relating to procedure of Commission Schedule 2
Schedule 2 Provisions relating to procedure of
Commission
(Section 7 (3))
1 Definition
In this Schedule:
commissioner means any commissioner of the Commission, including
the Chairperson.
2 General procedure
The procedure for the calling of meetings of the Commission and for
the conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Commission.
3 Quorum
The quorum for a meeting of the Commission is a majority of
commissioners for the time being.
4 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson is to preside at a meeting of the Commission.
The reference to the Chairperson does not include an acting
Note.
Chairpersonsee clause 2 of Schedule 1.
(2) In the absence of both the Chairperson and the Deputy Chairperson,
another commissioner elected to chair the meeting by the
commissioners present at the meeting is to preside at the meeting.
(3) The person presiding at any meeting of the Commission has a
deliberative vote and, in the event of an equality of votes, has a second
or casting vote.
5 Voting
A decision supported by a majority of the votes cast at a meeting of the
Commission at which a quorum is present is the decision of the
Commission.
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Community Relations Commission and Principles of Multiculturalism Bill
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Schedule 2 Provisions relating to procedure of Commission
6 Transaction of business outside meetings or by telephone
(1) The Commission may, if it thinks fit, transact any of its business by the
circulation of papers among all the commissioners for the time being,
and a resolution in writing approved in writing by a majority of those
commissioners is taken to be a decision of the Commission.
(2) The Commission may, if it thinks fit, transact any of its business at a
meeting at which the commissioners (or some of them) participate by
telephone, closed-circuit television or other means, but only if any
commissioner who speaks on a matter before the meeting can be heard
by the other commissioners.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each commissioner have the same voting rights
as they have at an ordinary meeting of the Commission.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the Commission.
(5) Papers may be circulated among the commissioners for the purposes
of subclause (1) by facsimile or other transmission of the information
in the papers concerned.
7 Attendance by non-members
(1) A person authorised by the Commission or the Chairperson may attend
a meeting of the Commission, and may participate in the meeting to
the extent that the Commission determines.
(2) A person attending a meeting of the Commission under this clause
cannot cast a vote at the meeting.
8 First meeting
The Minister is to call the first meeting of the Commission in such
manner as the Minister thinks fit.
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Community Relations Commission and Principles of Multiculturalism Bill
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Consequential amendment of other Acts and regulations Schedule 3
Schedule 3 Consequential amendment of other Acts
and regulations
(Section 24)
3.1 Annual Reports (Departments) Regulation 2000
[1] Schedule 1 Report of operations
Omit "ethnic affairs agreement" from Column 1.
Insert instead "any agreement".
[2] Schedule 1
Omit "A statement describing any ethnic affairs agreement entered into
between the Department and the Ethnic Affairs Commission and a
statement setting out the Department's progress in implementing any such
agreement." from Column 2.
Insert instead "A statement describing any agreement entered into between
the Department and the Community Relations Commission under the
Community Relations Commission and Principles of Multiculturalism Act
2000 and a statement setting out the Department's progress in implementing
any such agreement.".
3.2 Annual Reports (Statutory Bodies) Regulation 2000
[1] Schedule 1 Report of operations
Omit "ethnic affairs agreement" from Column 1.
Insert instead "any agreement".
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Community Relations Commission and Principles of Multiculturalism Bill
2000
Schedule 3 Consequential amendment of other Acts and regulations
[2] Schedule 1
Omit "A statement describing any ethnic affairs agreement entered into
between the statutory body and the Ethnic Affairs Commission and a
statement setting out the statutory body's progress in implementing any such
agreement." from Column 2.
Insert instead "A statement describing any agreement entered into between
the statutory body and the Community Relations Commission under the
Community Relations Commission and Principles of Multiculturalism Act
2000 and a statement setting out the statutory body's progress in
implementing any such agreement.".
3.3 Anti-Discrimination Act 1977 No 48
Section 122I Functions
Omit "Ethnic Affairs Commission of New South Wales" from section 122I
(3).
Insert instead "Community Relations Commission".
3.4 Local Government Act 1993 No 30
[1] Section 8 The council's charter
Omit "principles of cultural diversity" from section 8 (1).
Insert instead "principles of multiculturalism".
[2] Section 428 Annual reports
Omit "principles of cultural diversity" from section 428 (2) (j).
Insert instead "principles of multiculturalism".
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Community Relations Commission and Principles of Multiculturalism Bill
2000
Consequential amendment of other Acts and regulations Schedule 3
[3] Dictionary
Omit the definition of principles of cultural diversity and the note at the
end of that definition.
Insert instead:
principles of multiculturalism means the principles set out in
section 3 of the Community Relations Commission and
Principles of Multiculturalism Act 2000.
3.5 Medical Practice Act 1992 No 94
Section 130 Membership
Omit "Ethnic Affairs Commission of New South Wales" from section 130
(2) (d).
Insert instead "Community Relations Commission".
3.6 Public Finance and Audit Act 1983 No 152
Schedule 3 Departments
Omit "Ethnic Affairs Commission" from Column 1.
Insert instead "Community Relations Commission".
3.7 Public Sector Management Act 1988 No 33
Schedule 1 Departments
Omit "Ethnic Affairs Commission" from Column 1.
Insert instead "Community Relations Commission".
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Community Relations Commission and Principles of Multiculturalism Bill
2000
Schedule 3 Consequential amendment of other Acts and regulations
3.8 Superannuation Act 1916 No 28
Schedule 26, Part 1 Public Authorities
Omit "Ethnic Affairs Commission".
Insert instead "Community Relations Commission".
3.9 Workplace Injury Management and Workers Compensation Act
1998 No 86
Section 118 Registration of certain persons involving interpreting
etc services (cf former s 125)
Omit "Ethnic Affairs Commission" from section 118 (3) (b) (ii).
Insert instead "Community Relations Commission".
Page 24
Community Relations Commission and Principles of Multiculturalism Bill
2000
Savings, transitional and other provisions Schedule 4
Schedule 4 Savings, transitional and other provisions
(Section 26)
Part 1 Preliminary
1 Definition
In this Schedule:
former Act means the Ethnic Affairs Commission Act 1979.
2 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect on
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions arising from enactment of this Act
3 Abolition of Ethnic Affairs Commission
(1) The Ethnic Affairs Commission constituted under the former Act is
abolished.
(2) The Community Relations Commission is a continuation of, and the
same legal entity as, the Ethnic Affairs Commission.
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Community Relations Commission and Principles of Multiculturalism Bill
2000
Schedule 4 Savings, transitional and other provisions
(3) A reference to the Ethnic Affairs Commission in any other Act, in any
instrument made under any other Act or in any document is to be read
as a reference to the Community Relations Commission.
4 Chairperson of Ethnic Affairs Commission
The person who held office as Chairperson of the Ethnic Affairs
Commission immediately before its abolition by this Act is taken to
have been appointed under Part 2 of the Public Sector Management
Act 1988 as the full-time Chairperson of the Community Relations
Commission for the balance of the person's term of office as
Chairperson of the Ethnic Affairs Commission.
5 Commissioners (other than Chairperson) of Ethnic Affairs Commission
(1) A person who held office as a commissioner of the Ethnic Affairs
Commission (other than the Chairperson) immediately before its
abolition by this Act is taken to have been appointed under this Act as
a part-time commissioner of the Community Relations Commission for
the balance of the person's term of office as a commissioner of the
Ethnic Affairs Commission.
(2) Any such person who also held office as the Deputy Chairperson of
the Ethnic Affairs Commission immediately before its abolition by this
Act is taken to have been appointed under this Act as the Deputy
Chairperson of the Community Relations Commission.
(3) This clause has effect even though the number of persons taken to be
appointed as commissioners of the Community Relations Commission
exceeds the maximum number of commissioners permitted by this
Act.
Page 26
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