{"id":"nsw:act-2017-051","name":"Aboriginal Languages Act 2017","slug":"aboriginal-languages-act-2017","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29249,"registerId":"nsw-act-2017-051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Aboriginal Languages Act 2017](/view/html/inforce/current/act-2017-051).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Aboriginal language means a language, or dialect of a language, of the traditional custodians of the land comprising New South Wales.\n> > \n> > Aboriginal language activity means an activity intended to reawaken, grow, nurture, promote or raise awareness of Aboriginal languages.\n> > \n> > 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).\n> > \n> > Aboriginal person has the same meaning as in the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042).\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > Trust means the Aboriginal Languages Trust constituted by this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Aboriginal Languages Trust","content":"# Part 2 Aboriginal Languages Trust\n\nPart 2 Aboriginal Languages Trust","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Trust","content":"#### 4 Constitution of Trust\n\n4 Constitution of Trust\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Aboriginal Languages Trust.\n> \n> > (2) The Trust is a NSW Government agency.\n> > \n> > Note—\n> > \n> > See section 13A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (3) The affairs of the Trust are to be conducted on a not-for-profit basis.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objective of Trust","content":"#### 5 Objective of Trust\n\n5 Objective of Trust\n\n> 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.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Trust","content":"#### 6 Functions of Trust\n\n6 Functions of Trust\n\n> > (1) The Trust has the following functions—\n> > \n> > > (a) 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,\n> > \n> > > (b) to promote effective Aboriginal language activities,\n> > \n> > > (c) to identify priorities for Aboriginal language activities,\n> > \n> > > (d) to manage the funding for, coordination of and investment in Aboriginal language activities at local, regional and State levels,\n> > \n> > > (e) to promote education and employment opportunities in Aboriginal language activities,\n> > \n> > > (f) to develop resources to support Aboriginal language activities,\n> > \n> > > (g) to provide guidance to the Government and its agencies on Aboriginal languages,\n> > \n> > > (h) to liaise with the Geographical Names Board on the use of Aboriginal languages in the naming of geographical places,\n> > \n> > > (i) to encourage the wider use and appreciation of Aboriginal languages,\n> > \n> > > (j) such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (2) 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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Board of Trust","content":"#### 7 Board of Trust\n\n7 Board of Trust\n\n> > (1) There is to be a Board of the Trust.\n> \n> > (2) The affairs of the Trust are to be managed by the Board.\n> \n> > (3) 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.\n> \n> > (4) Schedule 1 contains provisions relating to the members and procedure of the Board.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Members of Board of Trust","content":"#### 8 Members of Board of Trust\n\n8 Members of Board of Trust\n\n> > (1) The Board of the Trust is to consist of not less than 5 members and not more than 11 members appointed by the Minister.\n> \n> > (2) A person is eligible to be appointed as a member of the Board if the person—\n> > \n> > > (a) is an Aboriginal person, and\n> > \n> > > (b) has skills, expertise or experience relevant to the functions of the Trust, and\n> > \n> > > (c) has appropriate standing in the Aboriginal community.\n> \n> > (3) The regulations may make further provision with respect to the qualification of persons for appointment to the Board.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Trust to conduct activities in accordance with strategic plan and any directions of Minister","content":"#### 9 Trust to conduct activities in accordance with strategic plan and any directions of Minister\n\n9 Trust to conduct activities in accordance with strategic plan and any directions of Minister\n\n> > (1) 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.\n> \n> > (2) The Trust is to publish, on a publicly accessible website, any directions given to the Trust by the Minister.\n> \n> > (3) 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.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Staff of Trust","content":"#### 10 Staff of Trust\n\n10 Staff of Trust\n\n> Persons may be employed in the Public Service to enable the Trust to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) 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](/view/html/inforce/current/act-1902-032) precludes the Trust from employing staff.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Committees","content":"#### 11 Committees\n\n11 Committees\n\n> > (1) The Trust may establish committees to assist the Trust in connection with any of its functions.\n> \n> > (2) A committee established by the Trust may, but need not, include a member of the Board of the Trust.\n> \n> > (3) 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.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Delegation","content":"#### 12 Delegation\n\n12 Delegation\n\n> > (1) 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.\n> \n> > (2) In this section, authorised person means any of the following—\n> > \n> > > (a) a member of the Board of the Trust,\n> > \n> > > (b) a committee of the Trust,\n> > \n> > > (c) any member of staff of the Trust,\n> > \n> > > (d) any other person, or person of a class, prescribed by the regulations.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Aboriginal languages strategic plan","content":"# Part 3 Aboriginal languages strategic plan\n\nPart 3 Aboriginal languages strategic plan","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Strategic plan for growth and nurturing of Aboriginal languages","content":"#### 13 Strategic plan for growth and nurturing of Aboriginal languages\n\n13 Strategic plan for growth and nurturing of Aboriginal languages\n\n> > (1) The Trust must, no later than 2 years after the commencement of this Act and at least every 5 years thereafter, prepare and submit to the Minister a draft strategic plan for the growth and nurturing of Aboriginal languages.\n> \n> > (2) The Minister may approve a draft strategic plan submitted by the Trust, with such modifications (if any) as the Minister considers appropriate.\n> \n> > (3) The Minister is to consult with the Trust about any modification that the Minister proposes to make to a draft strategic plan submitted by the Trust.\n> \n> > (4) As soon as practicable after the Minister has approved the strategic plan, the Trust is to cause a copy of the Aboriginal languages strategic plan to be published on a publicly accessible website.\n> \n> > (5) The regulations may make provision with respect to the preparation, approval and publication of an Aboriginal languages strategic plan.\n> \n> **s 13:** Am 2019 No 14, Sch 2.1.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Amendment of Aboriginal languages strategic plan","content":"#### 14 Amendment of Aboriginal languages strategic plan\n\n14 Amendment of Aboriginal languages strategic plan\n\n> > (1) The Minister may at any time, at the request of the Trust or on the Minister’s own initiative, approve of amendments to the Aboriginal languages strategic plan.\n> \n> > (2) Any proposed amendment that is to be made on the Minister’s own initiative requires the approval of the Trust.\n> \n> > (3) As soon as practicable after the Minister approves any proposed amendment, the Trust is to cause a copy of the Aboriginal languages strategic plan, as amended, to be published on a publicly accessible website.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Review of implementation of Aboriginal languages strategic plan","content":"#### 15 Review of implementation of Aboriginal languages strategic plan\n\n15 Review of implementation of Aboriginal languages strategic plan\n\n> > (1) The Trust is to conduct an annual review of the implementation of the Aboriginal languages strategic plan and to prepare, and submit to the Minister, a report on the review.\n> \n> > (2) The Minister is to table the report or cause it to be tabled in both Houses of Parliament as soon as practicable after the report is forwarded to the Minister.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Acquisition of property by gift","content":"#### 16 Acquisition of property by gift\n\n16 Acquisition of property by gift\n\n> > (1) The Trust may acquire property by gift (whether on trust or otherwise) for the purposes of this Act and may agree to, and carry out, the conditions of any such gift, but only if the carrying out of any such condition is not inconsistent with the functions of the Trust.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any condition of a gift to which the Trust has agreed under this section.\n> \n> > (3) The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply to or in respect of any gift made or to be made to the Trust.\n> \n> > (4) In this section, gift includes a devise or bequest.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Annual report","content":"#### 17 Annual report\n\n17 Annual report\n\n> An annual report of the activities of the Trust, including its financial statements, may be included in the annual report of the Public Service agency in which the staff of the Trust are employed.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> 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.","sortOrder":21},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board","content":"# Schedule 1 Members and procedure of Board\n\nSchedule 1 Members and procedure of Board\n\n(Section 7 (4))","sortOrder":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of the Act changed from its original intent. The single amendment in December 2019 appears to have been minor, and the Act remains focused on its original purpose of recognising and supporting Aboriginal languages in NSW. No evidence of scope expansion or contraction is apparent from the provided text."},"complexity_factors":["Only metadata and navigation content was provided — no substantive legal provisions were available to analyse","The Act itself, based on its known purpose, is relatively straightforward in intent (cultural/language preservation) rather than involving complex regulatory or commercial mechanisms","Limited amendment history — only one amendment version noted (December 2019), suggesting the Act has remained largely stable","Falls under a single ministerial portfolio (Aboriginal Affairs and Treaty), limiting cross-jurisdictional complexity","No regulations or schedules were visible in the provided text, which could otherwise add complexity"],"plain_english_summary":"This NSW law formally recognises, supports and promotes the preservation and revitalisation of Aboriginal languages, signalling government commitment to help First Nations communities maintain and reclaim ancestral languages. It affects Aboriginal speakers and learners, the Minister and government agencies, and educators and community language workers.\n\nCaveat: this teaser is based on the Act’s title and context only; the full text was not supplied."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Aboriginal Languages Trust and creating a framework for strategic planning and coordination of Aboriginal language activities. No significant scope creep is evident — the functions listed in section 6 align directly with the objective in section 5, and the miscellaneous provisions (gifts, annual reports, regulations) are standard supporting mechanisms rather than expansions of purpose."},"complexity_factors":["Straightforward structure with only 4 Parts and 1 Schedule","Minimal cross-referencing — primarily references to standard interpretation and employment Acts","Only 8 defined terms in the main Act (section 3), plus 4 in Schedule 1","No nested exceptions or highly conditional logic — most provisions are direct commands ('must', 'may')","Standard governance provisions (meetings, quorum, conflicts of interest) using familiar templates common to NSW statutory bodies","Single amendment noted (2019) affecting strategic plan timing, indicating limited legislative churn"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Aboriginal Languages Trust** — a NSW Government agency dedicated to protecting and reviving Aboriginal languages in New South Wales.\n\n**Who it affects:**\n- **Aboriginal communities** in NSW whose traditional languages are being revived, nurtured, or promoted\n- **The Trust's Board members** — Aboriginal people with relevant expertise who guide the Trust's work (5–11 members appointed by the Minister)\n- **NSW Government agencies** that must coordinate with the Trust on language matters, including naming geographical places\n- **Language workers and educators** who benefit from funding, resources, and employment opportunities created by the Trust\n\n**Key things the Trust does:**\n- **Coordinates funding and investment** in language activities across local, regional, and state levels\n- **Develops a strategic plan** every 5 years for growing Aboriginal languages (with annual progress reviews tabled in Parliament)\n- **Brings together experts** — both professional linguists and Aboriginal knowledge holders — to guide language work\n- **Advises government** on Aboriginal language matters and works with the Geographical Names Board on place names\n- **Creates resources** and promotes education and employment in language activities\n\n**Important checks and balances:**\n- The Trust must follow its strategic plan, which takes priority over ministerial directions if there's a conflict\n- Ministerial directions must be published publicly\n- Board members must be Aboriginal people with community standing and relevant skills\n- Members must disclose financial conflicts of interest and can't vote on matters where they stand to profit\n- The Trust operates on a **not-for-profit basis** and can receive gifts (tax-free) for its work\n\n**Why it matters:**\nMany Aboriginal languages in NSW were severely damaged by colonisation. This Act establishes a permanent, Aboriginal-led institution with dedicated funding and a clear mandate to reverse language loss — recognising that language is central to cultural identity, connection to Country, and community wellbeing."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act text includes an amendment notation for section 13 (\"s 13: Am 2019 No 14, Sch 2.1\"), indicating the statutory provisions governing the strategic plan were amended after enactment. The supplied text does not include the original wording, so the precise policy scope change cannot be determined from this extract alone."},"complexity_factors":["Establishes a statutory corporation with corporate status and not‑for‑profit requirement (s4).","Board appointment, eligibility and size rules (5–11 members), Ministerial appointment and removal powers (ss7–8; Sch 1 clauses 2,6).","Ministerial role in approving, modifying and amending the Aboriginal languages strategic plan, including consultation and publication obligations; strategic plan prevails over Ministerial directions where inconsistent (ss13–15; s9(1)–(3)).","Trust powers to manage funding, accept gifts (with duties and remoteness exemptions) and to employ Public Service staff to perform its functions (ss6,10,16).","Delegation and committee-making powers permitting operational flexibility (s11–12).","Transparency and accountability measures: publication of plans/directions, annual review and Ministerial tabling of reports (ss9(2),13(4),15).","Conflicts and conduct regime for Board members, including disclosure, recording and exclusion from deliberations, with public inspection of the register (Sch 1 cl 9).","Administrative procedure rules for meetings, quorums, voting, remote participation and transaction of business outside meetings (Sch 1 cls 12–16).","Regulations power allowing further prescription of procedural and substantive matters (s18)."],"plain_english_summary":"Creates the Aboriginal Languages Trust as a not‑for‑profit NSW Government agency to coordinate, fund and promote activities that reawaken, grow and raise awareness of Aboriginal languages. The Trust must prepare a strategic plan (and review it annually) and run programs in line with that plan. The Minister appoints a 5–11 member Board (members must be Aboriginal with relevant expertise), may approve or amend the strategic plan and give directions, while the Trust manages funding, accepts gifts and may use Public Service staff."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-languages-act-2017","history":"/api/acts/aboriginal-languages-act-2017/history","analysis":"/api/acts/aboriginal-languages-act-2017/analysis","conflicts":"/api/acts/aboriginal-languages-act-2017/conflicts","importantCases":"/api/acts/aboriginal-languages-act-2017/important-cases","documents":"/api/acts/aboriginal-languages-act-2017/documents"}}