Aboriginal Languages Act 2017

This Act is the Aboriginal Languages Act 2017.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

Aboriginal language means a language, or dialect of a language, of the traditional custodians of the land comprising New South Wales.

Aboriginal language activity means an activity intended to reawaken, grow, nurture, promote or raise awareness of Aboriginal languages.

Aboriginal languages strategic plan means the plan for the growth and nurturing of Aboriginal languages prepared and approved under section 13 (as amended under section 14).

Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983.

function includes a power, authority or duty, and exercise a function includes perform a duty.

Trust means the Aboriginal Languages Trust constituted by this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

There is constituted by this Act a body corporate with the corporate name of the Aboriginal Languages Trust.

The Trust is a NSW Government agency.

Note—

See section 13A of the Interpretation Act 1987.

The affairs of the Trust are to be conducted on a not-for-profit basis.

The objective of the Trust is to provide a focused, coordinated and sustained effort in relation to Aboriginal language activities at local, regional and State levels.

The Trust has the following functions—

to bring together persons with relevant professional qualifications in languages and persons with knowledge of Aboriginal languages to provide advice and direction for Aboriginal language activities,

to promote effective Aboriginal language activities,

to identify priorities for Aboriginal language activities,

to manage the funding for, coordination of and investment in Aboriginal language activities at local, regional and State levels,

to promote education and employment opportunities in Aboriginal language activities,

to develop resources to support Aboriginal language activities,

to provide guidance to the Government and its agencies on Aboriginal languages,

to liaise with the Geographical Names Board on the use of Aboriginal languages in the naming of geographical places,

to encourage the wider use and appreciation of Aboriginal languages,

such other functions as are conferred or imposed on it by or under this or any other Act.

The Trust has power to do all things that are necessary or convenient to be done for or in connection with the exercise of its functions or that are supplemental or incidental to, or consequential on, the exercise of its functions.

There is to be a Board of the Trust.

The affairs of the Trust are to be managed by the Board.

Any act, matter or thing done in the name of, or on behalf of, the Trust by the Board is taken to have been done by the Trust.

Schedule 1 contains provisions relating to the members and procedure of the Board.

The Board of the Trust is to consist of not less than 5 members and not more than 11 members appointed by the Minister.

A person is eligible to be appointed as a member of the Board if the person—

is an Aboriginal person, and

has skills, expertise or experience relevant to the functions of the Trust, and

has appropriate standing in the Aboriginal community.

The regulations may make further provision with respect to the qualification of persons for appointment to the Board.

The Trust must conduct its activities, as far as is practicable, in accordance with the Aboriginal languages strategic plan and any directions given by the Minister.

The Trust is to publish, on a publicly accessible website, any directions given to the Trust by the Minister.

To the extent of any inconsistency between the Aboriginal languages strategic plan and a direction given by the Minister, the Trust must conduct its activities in accordance with the Aboriginal languages strategic plan.

Persons may be employed in the Public Service to enable the Trust to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Trust makes use of) may be referred to as officers or employees, or members of staff, of the Trust. Section 47A of the Constitution Act 1902 precludes the Trust from employing staff.

The Trust may establish committees to assist the Trust in connection with any of its functions.

A committee established by the Trust may, but need not, include a member of the Board of the Trust.

The procedure for calling meetings of a committee of the Trust and for the conduct of business at those meetings is to be as determined by the Trust or (subject to any determination of the Trust) by the committee.

The Trust may delegate to an authorised person the exercise of any function of the Trust under this Act, other than this power of delegation.

In this section, authorised person means any of the following—

a member of the Board of the Trust,

a committee of the Trust,

any member of staff of the Trust,

any other person, or person of a class, prescribed by the regulations.