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The Parliament recognises and values the cultural, religious, racial and linguistic diversity of the people of Victoria.
The Parliament further recognises that one of the central tenets of multiculturalism is citizenship and that the expression citizenship is not limited to formal Australian citizenship, but refers to the rights and responsibilities of all people in a multicultural society.
The Parliament wishes to promote Victoria as a united community with shared laws, values, aspirations and responsibilities within which people from a diversity of backgrounds have—
the freedom and opportunity to preserve and express their cultural heritage; and
the freedom and opportunity to participate and contribute to the social, cultural, economic and political life of Victoria; and
equal rights and responsibilities under the laws of Victoria.
The Parliament of Victoria therefore enacts:
The purposes of this Act are to—
establish the principles of multiculturalism; and
provide for the establishment of the Victorian Multicultural Commission; and
provide for the establishment of regional advisory councils; and
establish reporting requirements for the Victorian Multicultural Commission; and
establish reporting requirements for government departments in relation to multicultural affairs; and
repeal and re-enact with amendments the Multicultural Victoria Act 2004 and make necessary transitional provisions.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 February 2012, it comes into operation on that day.
In this Act—
Acting Chairperson means a member of the Commission appointed to act as the Chairperson under section 17;
Chairperson means the member of the Commission appointed to be the Chairperson of the Commission under section 14;
Commission means the Victorian Multicultural Commission established by section 6;
S. 3(1) def. of Councillor amended by No. 9/2020 s. 390(Sch. 1 item 71).
Councillor has the same meaning as in the Local Government Act 2020;
Department has the same meaning as in the Public Administration Act 2004;
Department Head has the same meaning as in the Public Administration Act 2004;
Deputy Chairperson means the member of the Commission appointed to be the Deputy Chairperson of the Commission under section 16;
diverse means culturally, religiously, racially and linguistically diverse;
diversity means cultural, religious, racial and linguistic diversity;
electorate officer means a person employed as an electorate officer under Part 4 of the Parliamentary Administration Act 2005;
Ministerial officer means a person employed as a Ministerial officer under Division 1 of Part 6 of the Public Administration Act 2004;
Parliamentary adviser means a person employed as a Parliamentary adviser under Division 2 of Part 6 of the Public Administration Act 2004;
regional advisory council means a regional advisory council established under section 22.
A reference in sections 12, 18 and 19 to Chairperson includes a reference to Acting Chairperson.
The Parliament recognises that the people of Victoria are united in their shared commitment to—
a democratic framework governed by the rule of law; and
Victoria and Australia and to the people, interests and future of Victoria and Australia.
The Parliament further recognises that all Victorians come from diverse backgrounds and values the richness that such diversity brings to the Victorian community.
The Parliament supports the rights and responsibilities of citizenship to which subsection (1) refers and promotes the diversity to which subsection (2) refers by recognising the following principles of multiculturalism—
all individuals in Victoria are entitled to mutual respect and understanding regardless of their diverse backgrounds;
all individuals and institutions in Victoria should promote and preserve diversity within the context of shared laws, values, aspirations and responsibilities;
all individuals in Victoria (regardless of background) have shown that they can work together to build a positive and progressive future and this co-operation is to be encouraged so as to enhance Victoria as a great place in which to live;
all individuals in Victoria are equally entitled to access opportunities and participate in and contribute to the social, cultural, economic and political life of the State;
all individuals in Victoria have a responsibility to abide by the State's laws and respect the democratic processes under which those laws are made;
all individuals in Victoria should be united in a shared commitment to Australia and to community service;
all individuals and institutions should recognise Victoria's diversity as an asset and a valuable resource benefiting Australia.
The Parliament further recognises that Victoria's diversity should be reflected in a whole of government approach to policy development, implementation and evaluation.
It is the intention of the Parliament that this Act is to be administered and interpreted having regard to the principles of multiculturalism set out in subsection (3).
The Parliament does not intend by this Part to create in any person any legal right or to give rise to any civil cause of action.
The Victorian Multicultural Commission is established.
The Commission is to adopt the phrase "strengthening our community" for use in conjunction with the name of the Commission.
The objectives of the Commission are to—
promote full participation by Victoria's diverse communities in the social, cultural, economic and political life of Victoria; and
promote access by Victoria's diverse communities to services made available by governments and other bodies; and
encourage all of Victoria's diverse communities to retain and express their social identity and cultural inheritance and to promote mutual respect; and
promote co-operation between bodies concerned with multicultural affairs and diversity; and
promote unity, understanding and harmony among Victoria's diverse communities; and
promote a better understanding of Victoria's diverse communities; and
promote interaction between individuals and communities from diverse backgrounds; and
promote the social, cultural and economic benefits of diversity; and
promote the rights and responsibilities of citizenship as a unifying force that strengthens our diverse multicultural community; and
promote community service as a principle that builds a stronger society.
The functions of the Commission are to—
ensure that the objectives of the Commission are met to the maximum extent that is practicable; and
research, report and advise the Minister on systemic community issues relating to the objectives of the Commission—
that are identified by regional advisory councils or through other community consultation; or
that relate to the adequacy of government services, settlement support or service delivery for diverse communities; and
investigate, report and make recommendations to the Minister on any aspect of multicultural affairs referred to it by the Minister; and
advise the Minister on factors inhibiting the development of harmonious community relations and on barriers to the participation of Victoria's diverse communities in the social, cultural, economic and political life of Victoria; and
undertake systematic and wide-ranging consultation with bodies and people to—
determine the needs of Victoria's diverse communities, including any needs covered by a report prepared by the Minister under section 28; and
promote the objectives of the Commission; and
develop and maintain partnerships between community organisations in providing assistance in settlement support and service delivery for diverse communities; and
develop and maintain harmonious community relations between all relevant groups in the context of Victoria's diverse communities.
Subject to subsection (2), the Commission has power to do all things necessary or convenient to be done for, or in connection with, carrying out its objectives and performing its functions.
The Chairperson may enter into contracts or agreements on behalf of the Commission for, or in connection with, carrying out the objectives or performing the functions of the Commission.
In performing its functions and exercising its powers, the Commission represents the Crown.
The Minister may give written directions to the Commission in relation to the performance of its functions, other than the function set out in section 8(b).
The Commission must comply with any directions given to it under subsection (1).