Aboriginal and Torres Strait Islander Elected Body Act 2008

This Act is the Aboriginal and Torres Strait Islander Elected Body Act 2008.

The objects of this Act are, in recognition of the rights of Aboriginal and Torres Strait Islander peoples to freely determine their political status and to freely pursue their economic, social and cultural development in line with the right to self‑determination—

to ensure maximum opportunity for the voice of Aboriginal and Torres Strait Islander people living in the ACT to reach decision-makers in the government and its agencies; and

to ensure maximum participation of Aboriginal and Torres Strait Islander people living in the ACT in developing and implementing government policies affecting them; and

to ensure coordination by government agencies in developing policies affecting Aboriginal and Torres Strait Islander people living in the ACT without detracting from, or diminishing, the responsibilities of those agencies to provide services for the broader community; and

to further the economic, social and cultural development of Aboriginal and Torres Strait Islander people living in the ACT.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘ATSIEB election, for part 3 (ATSIEB elections)—see section 28.’ means that the term ‘ATSIEB election’ is defined in that section for part 3.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Aboriginal and Torres Strait Islander Elected Body

Division 2.1 Establishment and functions of ATSIEB

The Aboriginal and Torres Strait Islander Elected Body (ATSIEB) is established.

ATSIEB has the following functions:

to receive, and pass on to the Minister and any other Minister responsible for the matter that is the subject of concern, the views of Aboriginal and Torres Strait Islander people living in the ACT on issues of concern to them;

when asked by the Minister, to give the Minister information or advice about the views of Aboriginal and Torres Strait Islander people living in the ACT on matters stated by the Minister;

to represent, including nationally, Aboriginal and Torres Strait Islander people living in the ACT and to act as an advocate on systemic or whole‑of‑government issues affecting their interests;

to foster community discussion about—

issues of concern to Aboriginal and Torres Strait Islander people living in the ACT; and

the functions of ATSIEB; and

this Act;

to conduct regular consultation with Aboriginal and Torres Strait Islander people living in the ACT and report the outcomes of that consultation to the Minister and any other Minister responsible for the matter that is the subject of the consultation;

to make recommendations to government agencies about research proposals that further the objects of this Act;

to monitor and report on the effectiveness and accessibility of programs and services conducted by government agencies for Aboriginal and Torres Strait Islander people living in the ACT;

to monitor and report on the accessibility by Aboriginal and Torres Strait Islander people living in the ACT to programs and services conducted by government agencies for the general public;

to provide advice to government agencies on appropriate representation of Aboriginal and Torres Strait Islander people living in the ACT on consultative bodies established by government agencies;

when asked by a government agency or another person, to recommend any reasonable action it considers necessary to protect Aboriginal and Torres Strait Islander cultural material or information considered sacred or significant by Aboriginal and Torres Strait Islander people living in the ACT;

any other function given to ATSIEB by the Minister;

any other function given to ATSIEB under this Act or another territory law.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Before recommending action under section 8 (j) in relation to cultural material or information, ATSIEB—

if the cultural material or information is specific to an Aboriginal object or an Aboriginal place that is in, or apparently originated in, the ACT—must consult at least 1 of the following:

the United Ngunnawal Elders Council;

a representative Aboriginal organisation;

another person that ATSIEB is satisfied has a traditional connection to the ACT region; or

in any other case—may consult any person ATSIEB considers appropriate.

In this section:

Aboriginal object—see the Heritage Act 2004, section 9.

Aboriginal place—see the Heritage Act 2004, section 9.

ATSIEB may, in exercising its functions under section 8 (c), communicate, including nationally, with a non‑government entity providing a service or administering a program used by Aboriginal and Torres Strait Islander people living in the ACT.

If the non-government entity is funded by a government agency, ATSIEB may also discuss matters relating to the service, program or funding with the executive officer of the agency.

Note Under s 26, ATSIEB may invite an executive officer to its meetings to discuss any issues relating to functions of ATSIEB or the agency.

However, this section does not make the non-government entity accountable to ATSIEB for its operations.

In this section:

non-government entity means an entity that is not a government agency.

In exercising its functions under section 8 (g) and (h), ATSIEB must hold at least 2 public hearings during each ATSIEB term.

The purpose of a public hearing under subsection (1) is to obtain information about—

the effectiveness and accessibility of programs and services conducted by government agencies for Aboriginal and Torres Strait Islander people living in the ACT; and

the accessibility by Aboriginal and Torres Strait Islander people living in the ACT to programs and services conducted by government agencies for the general public.

The executive officer of a government agency must—

attend a public hearing if requested by ATSIEB; and

provide information and answer questions from ATSIEB in relation to the matters in subsection (2).

ATSIEB may conduct proceedings at a public hearing as it considers appropriate.

However, at least 4 ATSIEB members must be present at a public hearing.

The Territory may enter into an agreement with a suitably qualified and experienced person (the broadcaster), for the person to provide a broadcasting service in relation to a public hearing of ATSIEB.

The broadcaster may broadcast, or record for broadcast, all or part of a public hearing of ATSIEB in accordance with the terms of the agreement.

The broadcaster is not civilly liable for conduct engaged in honestly and without recklessness—

in the exercise of a function under subsection (2); or

in the reasonable belief that the conduct was in the exercise of a function under subsection (2).

Any liability that would, apart from this section, attach to the broadcaster attaches instead to the Territory.

An agreement must be entered into for the Territory by the director‑general.

In this section:

broadcast—see the Legislative Assembly (Broadcasting) Act 2001, dictionary.

conduct means an act or omission to do an act.

record, a public hearing of ATSIEB, means make a sound or visual recording of the hearing.

ATSIEB must report to the Minister on a public hearing held under section 10A within 4 months after the day the public hearing ends.

The report—

must be in writing; and

may make recommendations about changes to programs and services for Aboriginal and Torres Strait Islander people living in the ACT.

The Minister must—

present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report; and

present a response to the report not later than the first sitting week after the end of 4 months after the day the Minister receives the report.