{"id":"sl-2017-34","name":"Aboriginal and Torres Strait Islander Elected Body Regulation 2017","slug":"aboriginal-and-torres-strait-islander-elected-body-regulation-2017","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173237,"registerId":"act-sl-2017-34-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal and Torres Strait Islander Elected Body Regulation 2017","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nElected Body Regulation 2017\nSL2017-34\nmade under the\nAboriginal and Torres Strait Islander Elected Body Act 2008\nRepublication No 2\nEffective: 1 December 2018\nRepublication date: 1 December 2018\nRegulation not amended\n(republication for expiry of provisions (s 6 (4), (5))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017, made under the Aboriginal and Torres Strait Islander Elected Body Act 2008\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 1 December 2018. It also includes any commencement, repeal or expiry affecting\nthis republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nElected Body Regulation 2017\nmade under the\nAboriginal and Torres Strait Islander Elected Body Act 2008\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Code of conduct for ATSIEB members 2\n6 Pecuniary and personal interests declaration 3\n7 Role of ATSIEB chair 4\n8 Role of ATSIEB deputy chair 4\nSchedule 1 Code of conduct for ATSIEB members 5\n1.1 Honesty and fairness 5\n\nContents\nPage\ncontents 2 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.2 Care and diligence 5\n1.3 Conflict of interest 5\n1.4 Respect for privacy and reputation 6\n1.5 Confidential information 6\n1.6 Accountability and transparency 6\n1.7 Mutual respect 7\n1.8 Accessibility 7\n1.9 ATSIEB chair 7\nDictionary 8\nEndnotes\n1 About the endnotes 9\n2 Abbreviation key 9\n3 Legislation history 10\n4 Amendment history 10\n5 Earlier republications 10\n\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAboriginal and Torres Strait Islander\nElected Body Regulation 2017\nmade under the\nAboriginal and Torres Strait Islander Elected Body Act 2008\n\nSection 1\npage 2 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Aboriginal and Torres Strait Islander Elected\nBody Regulation 2017.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Code of conduct for ATSIEB members\n(1) ATSIEB members must comply with the code of conduct set out in\nschedule 1.\n(2) The code of conduct does not displace any duty or liability that an\nATSIEB member has under a law of the Territory, the\nCommonwealth or a State in relation to a matter covered by the code.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nSection 6\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Pecuniary and personal interests declaration\n(1) An ATSIEB member must table a declaration of pecuniary and\npersonal interests—\n(a) at the first meeting of ATSIEB for the ATSIEB term at which\nthe member is present; and\n(b) if there is a change in the information in the member’s pecuniary\nand personal interests declaration—at the next ATSIEB\nmeeting.\n(2) A pecuniary and personal interests declaration must contain\ninformation about—\n(a) the ATSIEB member’s current employment; and\n(b) any body of which the ATSIEB member is a member; and\n(c) any body in which the ATSIEB member has a financial interest;\nand\n(d) the ATSIEB member’s directorship of any corporation or\norganisation.\n(3) ATSIEB must maintain a record of pecuniary and personal interests\ndeclarations and make the record available to the Minister.\n\nSection 7\npage 4 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Role of ATSIEB chair\nThe ATSIEB chair has the following functions:\n(a) to act as a representative of ATSIEB;\n(b) to prepare the agenda for each meeting of ATSIEB in\nconsultation with ATSIEB members.\nNote The ATSIEB chair has other functions under the Act including:\n• calling meetings (Act, s 21)\n• presiding at all meeting where the ATSIEB chair is present (Act,\ns 22 (1))\n• allowing an ATSIEB member to take leave (Act, s 20 (2)).\n8 Role of ATSIEB deputy chair\nThe ATSIEB deputy chair has the following functions:\n(a) to act as a representative of ATSIEB; and\n(b) to perform the functions of the ATSIEB chair when the ATSIEB\nchair is unable to do so.\nNote The ATSIEB deputy chair also has the function of presiding at ATSIEB\nmeetings when the ATSIEB chair is absent (see Act, s 22 (2)).\n\nCode of conduct for ATSIEB members Schedule 1\nSection 1.1\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Code of conduct for ATSIEB\nmembers\n(see s 5)\n1.1 Honesty and fairness\n(1) An ATSIEB member must act honestly and fairly in exercising the\nmember’s functions under the Act.\n(2) In conducting ATSIEB business, an ATSIEB member must not apply\nimproper influence, favouritism or patronage.\n1.2 Care and diligence\nAn ATSIEB member must exercise reasonable care and diligence in\nexercising the member’s functions under the Act, including by—\n(a) attending meetings; and\n(b) participating in discussions; and\n(c) reading papers; and\n(d) raising any concerns.\n1.3 Conflict of interest\n(1) An ATSIEB member must take all reasonable steps to avoid any\nactual or perceived conflict of interest in exercising the member’s\nfunctions under the Act.\n(2) An ATSIEB member must declare a conflict of interest that cannot\nreasonably be avoided.\nNote An ATSIEB member must disclose a material interest in an issue being\nconsidered by ATSIEB—see the Act, s 27.\n\nSchedule 1 Code of conduct for ATSIEB members\nSection 1.4\npage 6 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.4 Respect for privacy and reputation\n(1) In exercising functions under the Act, an ATSIEB member must\nrespect the dignity and privacy of individual members of the\nAboriginal and Torres Strait Islander people living in the ACT.\n(2) An ATSIEB member must consider the rights and reputation of a\nperson before making a statement in relation to the person to another\nmember, the community or the ACT Government.\n1.5 Confidential information\n(1) An ATSIEB member must not take improper advantage of\ninformation gained through being an ATSIEB member.\n(2) An ATSIEB member must not improperly disclose confidential\ninformation the member has obtained through being an ATSIEB\nmember.\nExample—improper disclosure\nforwarding an email intended only for the confidential consideration of ATSIEB\nmembers to a person who is not an ATSIEB member\nNote An example is part of the regulation, is not exhaustive and may extend,\nbut does not limit, the meaning of the provision in which it appears (see\nLegislation Act, s 126 and s 132).\n1.6 Accountability and transparency\n(1) An ATSIEB member must not improperly use a territory resource.\n(2) An ATSIEB member must use public resources in an open and\naccountable way.\n\nCode of conduct for ATSIEB members Schedule 1\nSection 1.7\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.7 Mutual respect\n(1) In exercising functions under the Act, an ATSIEB member must treat\nother members, ACT Government employees and the public\nprofessionally and with respect.\n(2) In exercising functions under the Act, an ATSIEB member must not\nbully, harass or intimidate anyone.\n1.8 Accessibility\n(1) An ATSIEB member must ensure that the member is reasonably\naccessible to the Aboriginal and Torres Strait Islander people of the\nACT.\n(2) An ATSIEB member must conscientiously represent the interests of\nAboriginal and Torres Strait Islander people of the ACT.\n1.9 ATSIEB chair\nThe ATSIEB chair must perform the chair’s functions under the Act\nin a way that—\n(a) encourages ATSIEB to make decisions; and\n(b) encourages all ATSIEB members to participate in discussions;\nand\n(c) ensures that discussions are fair and open; and\n(d) maintains a constructive working relationship with government\nagencies and other stakeholders.\n\nDictionary\npage 8 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• body\n• Commonwealth\n• in relation to\n• law\n• Minister (see s 162)\n• must (see s 146)\n• person (see s 160)\n• State.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Aboriginal and Torres Strait Islander Elected Body Act 2008 (see\nLegislation Act, s 148). For example, the following terms are defined in\nthe Aboriginal and Torres Strait Islander Elected Body Act 2008, dict:\n• ATSIEB\n• ATSIEB chair\n• ATSIEB deputy chair\n• ATSIEB member\n• ATSIEB term.\ncode of conduct means the code of conduct set out in schedule 1.\n\nEndnotes\nAbout the endnotes 1\nR2\n01/12/18\nAboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 10 Aboriginal and Torres Strait Islander Elected Body\nRegulation 2017\nEffective: 01/12/18\nR2\n01/12/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nAboriginal and Torres Strait Islander Elected Body Regulation 2017\nSL2017-34\nnotified LR 29 November 2017\ns 1, s 2 commenced 29 November 2017 (LA s 75 (1))\nremainder commenced 30 November 2017 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nPecuniary and personal interests declaration\ns 6 s (4), (5) exp 30 November 2018 (s 6 (5))\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 Nov 2017\n30 Nov 2017–\n30 Nov 2018\nnot amended new Act\n© Australian Capital Territory 2018","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation’s pecuniary and personal interests provision was altered by expiry: endnotes record that subsections 6(4) and 6(5) expired on 30 November 2018. As republished, those subsections are absent, so the declaration regime in force differs from the original text; determining exact prior obligations requires consulting the amendment history."},"complexity_factors":["Cross-references to the Aboriginal and Torres Strait Islander Elected Body Act 2008 and the Legislation Act 2001 for definitions and additional functions (requires reading multiple instruments to understand duties).","Use of open-text standards (eg 'improper', 'reasonable', 'conscientiously') in the code of conduct and duty descriptions, which creates interpretive uncertainty for compliance.","Obligations to table, maintain and make declarations available to the Minister (s 6(1)–(3)) create ongoing administrative and disclosure burdens for members and the body.","Schedule includes non-exhaustive examples and behavioural standards (eg confidentiality example) that expand scope by illustration rather than rule, increasing interpretive work for officials and members.","Division of duties between the regulation and the Act (eg chair/deputy chair functions partly in this regulation, partly in the Act) requires cross-checking both instruments.","Legislative history note that certain subsections of s 6 expired (see endnotes) means scope has changed over time and requires reliance on amendment history to determine current obligations."],"plain_english_summary":"This regulation requires members of the ACT Aboriginal and Torres Strait Islander Elected Body (ATSIEB) to follow a written code of conduct, to table and keep records of pecuniary and personal interests, and sets basic functions for the chair and deputy chair (including agenda preparation and acting as representatives). It matters because it creates routine disclosure, attendance and confidentiality obligations that change members’ incentives and impose record‑keeping and disclosure costs, while leaving some terms and enforcement to be interpreted with reference to the parent Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose of establishing operational rules (code of conduct, disclosure requirements, leadership roles) for the ATSIEB. The 2018 republication was purely technical—removing expired transitional provisions (sections 6(4) and (5))—without expanding the scope beyond governance of the elected body."},"complexity_factors":["Short document (approximately 10 pages including endnotes)","Only 1 defined term in the dictionary ('code of conduct')","Minimal cross-referencing—primarily refers back to the parent Act for definitions of 'ATSIEB', 'ATSIEB member', etc.","Straightforward structure: name, dictionary, 3 substantive sections (5-8), schedule of conduct rules, endnotes","No nested exceptions or complex conditional logic","Simple declarative language throughout ('must act honestly', 'must declare')"],"plain_english_summary":"This regulation sets behaviour rules for the seven elected members of the Aboriginal and Torres Strait Islander Elected Body (ATSIEB) in the ACT, covering conduct expectations, financial disclosure, and the roles of Chair and Deputy Chair in representing and running the body.  \n\nIt matters because it promotes integrity, accountability and transparency in representation, helping maintain public trust and clear standards for community-facing decision‑makers."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017","history":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-regulation-2017/documents"}}