New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a)
to endorse certain principles of cultural diversity, and
(b)
to enhance the objects and functions of the Ethnic Affairs Commission
(the Cornmission), and
(c) to provide for ethnic affairs agreements between public authorities and
the Commission, and
(d)
to require the preparation by the Commission of ethnic affairs reports
on an annual basis.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Ethnic
Affairs Commission Act 1979 set out in Schedule 1.
Schedule 1
Amendments
Schedule 1 [l] inserts proposed section 3 (Principles of cultural diversity).
Proposed section 3 (1) provides that Parliament recognises and values the
cultural diversity of the people of New South Wales, and accordingly
endorses the following four principles of cultural diversity:
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.
Principle 2
All individuals and public institutions should respect and
accommodate the culture, language and religion of others within an
Australian legal and institutional framework where English is the
primary language.
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.
Principle 4
All public 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.
Proposed section 3 (2) provides that each public authority should observe the
principles of cultural diversity in conducting its affairs.
Proposed section 3 (3) explains the concept of cultural diversity. Cultural
diversity reflects the whole population of New South Wales, which comprises
people from a range of cultural, ethnic, linguistic and religious backgrounds.
Schedule 1 [2] inserts a definition of cultural diversity into section 5 of the
Principal Act. The proposed definition refers to the explanation in proposed
section 3 (3).
Explanatory note page 2
Schedule 1 [3] replaces the definition of public authority in section 5 of the
Principal Act to specifically include government departments and statutory
bodies that are subject to annual reporting legislation and to include bodies or
classes of bodies that are prescribed by the regulations.
Schedule 1 [4] and [10] make amendments that are consequential on the
replacement of the definition of public authority by item [3].
Schedule 1 [5] inserts proposed section 15 (d) in the Principal Act to expand
the objects of the Commission to include the object of promoting the social,
cultural and economic benefits of a culturally diverse society.
Schedule 1 [6] replaces section 16 (c) of the Principal Act so that the
functions of the Commission include the provision of services approved by
the Minister, regardless of whether the services are provided to an ethnic
group.
Schedule 1 [7] makes an amendment that is consequential on the insertion of
additional paragraphs by item [8].
Schedule 1 [8] inserts proposed section 16 (h) and (i) to extend the functions
of the Commission to include:
·
initiating, negotiating, entering into and assisting the implementation
of ethnic affairs agreements with public authorities, and
assessing the effectiveness public authorities in implementing the
Government's ethnic affairs policies.
Schedule 1 [9] inserts proposed section 17, which requires the Cornmission
to prepare a report on the status of ethnic affairs in New South Wales each
calendar year, commencing with 1997. The report is to be furnished to the
Minister by the end of February after the relevant calendar year. The Minister
is to lay a copy of the report before each House of Parliament within 14
sitting days of the House after receiving the report. Provision is made for
presenting a copy of the report to the Clerk of the House if the House is not
sitting.
Schedule 1 [11] inserts proposed section 21A, which provides that nothing in
proposed section 3 endorsing the principles of cultural diversity gives rise to,
or can be taken into account in, any civil cause of action. The provision,
which is identical to provisions included in other legislation, ensures that,
while the principles are endorsed and should be observed by public
authorities, they cannot be taken into account in any civil legal proceedings
and do not give rise to separately enforceable rights.
Explanatory note page 3