2000
2000
2003-09-19
act
publicgeneral
act.reprint
allinforce
none
act-2000-077
035b120d-021b-416d-afdd-9c257697ea89
4a1ef7d7-860b-4d7f-9ef4-881daeb63227
See
also:
Community Relations Commission and
Principles of Multiculturalism Amendment Bill
2003
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.
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 1Preliminary
1Name of
Act
This Act is the Community
Relations Commission and Principles of Multiculturalism Act
2000.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Principles 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.
(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.
4Definitions
In this Act:
Chairperson means the Chairperson of
the Commission, being a full-time or part-time Chairperson as referred to in
section 8.
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.
5Notes
Notes included in this Act do not form part of
this Act.
Part 2Constitution of
Commission
6Constitution 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.
7Membership 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.
8Chairperson 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.
9Staff 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.
10Regional 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.
11Other
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.
(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.
Part 3Objectives and functions of
Commission
12Objectives 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.
13Functions 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,
(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.
14Reporting 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.
(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.
15Public 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.
16Delegation 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.
Part 4Miscellaneous
17Act 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.
18Financial
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.
19Recovery 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.
20Service 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.
21Personal
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.
22Legal consequences of
principles of multiculturalism
Nothing in section 3 gives rise to, or can be
taken into account in, any civil cause of action.
23Regulations
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.
24Consequential amendment of
other Acts and regulations
The Acts and regulations set out in Schedule 3
are amended as set out in that Schedule.
25Repeals
(1)
The Ethnic Affairs Commission Act
1979 is repealed.
(2)
The Ethnic Affairs Commission Regulation
1997 is repealed.
26Savings, transitional and
other provisions
Schedule 4 has effect.
27Review 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.
Schedule 1Provisions relating to
commissioners
(Section 7
(2))
1Definitions
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.
2Chairperson
(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.
3Deputy
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.
4Deputies 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.
5Part-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.
6Terms 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.
7Remuneration
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.
8Vacancy 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
(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.
9Disclosure 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
(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.
10Filling 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.
11Effect 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.
(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.
Schedule 2Provisions relating to
procedure of Commission
(Section 7
(3))
1Definition
In this Schedule:
commissioner means any commissioner
of the Commission, including the Chairperson.
2General
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.
3Quorum
The quorum for a meeting of the Commission is a
majority of commissioners for the time being.
4Presiding
member
(1)
The Chairperson or, in the absence of the
Chairperson, the Deputy Chairperson is to preside at a meeting of the
Commission.
Note—
The reference to the Chairperson does not include
an acting Chairperson—see 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.
5Voting
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.
6Transaction 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.
7Attendance 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.
8First
meeting
The Minister is to call the first meeting of the
Commission in such manner as the Minister thinks fit.
Schedule 3Consequential amendment of
other Acts and regulations
(Section 24)
3.1Annual 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.”.
3.2Annual Reports (Statutory Bodies) 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 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.”.
3.3Anti-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”.
3.4Local
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”.
[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.
3.5Medical 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”.
3.6Public
Finance and Audit Act 1983 No 152
Schedule 3
Departments
Omit “Ethnic Affairs Commission” from
Column 1.
Insert instead “Community Relations
Commission”.
3.7Public
Sector Management Act 1988 No 33
Schedule 1
Departments
Omit “Ethnic Affairs Commission” from
Column 1.
Insert instead “Community Relations
Commission”.
3.8Superannuation Act 1916 No
28
Schedule 26, Part 1 Public
Authorities
Omit “Ethnic Affairs
Commission”.
Insert instead “Community Relations
Commission”.
3.9Workplace 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”.
Schedule 4Savings, transitional and
other provisions
(Section 26)
Part 1Preliminary
1Definition
In this Schedule:
former
Act means the Ethnic Affairs Commission Act
1979.
2Savings 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 2Provisions arising from
enactment of this Act
3Abolition 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.
(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.
4Chairperson 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.
5Commissioners (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.
Historical
notes
Table of amending
instruments
Community Relations Commission
and Principles of Multiculturalism Act 2000 No 77.
Assented to 9.11.2000. Date of commencement, 13.3.2001, sec 2 and GG No 41 of
23.2.2001, p 777.