Section 1 - Aboriginal and Torres Strait Islander Elected Body Regulation 2017 - Aboriginal and Torres Strait Islander Elected Body Regulation 2017 | Zoe
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Aboriginal and Torres Strait Islander
Elected Body Regulation 2017
SL2017-34
made under the
Aboriginal and Torres Strait Islander Elected Body Act 2008
Republication No 2
Effective: 1 December 2018
Republication date: 1 December 2018
Regulation not amended
(republication for expiry of provisions (s 6 (4), (5))
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Aboriginal and Torres Strait Islander Elected Body
Regulation 2017, made under the Aboriginal and Torres Strait Islander Elected Body Act 2008
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 1 December 2018. It also includes any commencement, repeal or expiry affecting
this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Aboriginal and Torres Strait Islander
Elected Body Regulation 2017
made under the
Aboriginal and Torres Strait Islander Elected Body Act 2008
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Code of conduct for ATSIEB members 2
6 Pecuniary and personal interests declaration 3
7 Role of ATSIEB chair 4
8 Role of ATSIEB deputy chair 4
Schedule 1 Code of conduct for ATSIEB members 5
1.1 Honesty and fairness 5
Contents
Page
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1.2 Care and diligence 5
1.3 Conflict of interest 5
1.4 Respect for privacy and reputation 6
1.5 Confidential information 6
1.6 Accountability and transparency 6
1.7 Mutual respect 7
1.8 Accessibility 7
1.9 ATSIEB chair 7
Dictionary 8
Endnotes
1 About the endnotes 9
2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 10
5 Earlier republications 10
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Aboriginal and Torres Strait Islander
Elected Body Regulation 2017
made under the
Aboriginal and Torres Strait Islander Elected Body Act 2008
Section 1
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Regulation 2017
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1 Name of regulation
This regulation is the Aboriginal and Torres Strait Islander Elected
Body Regulation 2017.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Code of conduct for ATSIEB members
(1) ATSIEB members must comply with the code of conduct set out in
schedule 1.
(2) The code of conduct does not displace any duty or liability that an
ATSIEB member has under a law of the Territory, the
Commonwealth or a State in relation to a matter covered by the code.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
Section 6
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6 Pecuniary and personal interests declaration
(1) An ATSIEB member must table a declaration of pecuniary and
personal interests—
(a) at the first meeting of ATSIEB for the ATSIEB term at which
the member is present; and
(b) if there is a change in the information in the member’s pecuniary
and personal interests declaration—at the next ATSIEB
meeting.
(2) A pecuniary and personal interests declaration must contain
information about—
(a) the ATSIEB member’s current employment; and
(b) any body of which the ATSIEB member is a member; and
(c) any body in which the ATSIEB member has a financial interest;
and
(d) the ATSIEB member’s directorship of any corporation or
organisation.
(3) ATSIEB must maintain a record of pecuniary and personal interests
declarations and make the record available to the Minister.
Section 7
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7 Role of ATSIEB chair
The ATSIEB chair has the following functions:
(a) to act as a representative of ATSIEB;
(b) to prepare the agenda for each meeting of ATSIEB in
consultation with ATSIEB members.
Note The ATSIEB chair has other functions under the Act including:
• calling meetings (Act, s 21)
• presiding at all meeting where the ATSIEB chair is present (Act,
s 22 (1))
• allowing an ATSIEB member to take leave (Act, s 20 (2)).
8 Role of ATSIEB deputy chair
The ATSIEB deputy chair has the following functions:
(a) to act as a representative of ATSIEB; and
(b) to perform the functions of the ATSIEB chair when the ATSIEB
chair is unable to do so.
Note The ATSIEB deputy chair also has the function of presiding at ATSIEB
meetings when the ATSIEB chair is absent (see Act, s 22 (2)).
Code of conduct for ATSIEB members Schedule 1
Section 1.1
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Schedule 1 Code of conduct for ATSIEB
members
(see s 5)
1.1 Honesty and fairness
(1) An ATSIEB member must act honestly and fairly in exercising the
member’s functions under the Act.
(2) In conducting ATSIEB business, an ATSIEB member must not apply
improper influence, favouritism or patronage.
1.2 Care and diligence
An ATSIEB member must exercise reasonable care and diligence in
exercising the member’s functions under the Act, including by—
(a) attending meetings; and
(b) participating in discussions; and
(c) reading papers; and
(d) raising any concerns.
1.3 Conflict of interest
(1) An ATSIEB member must take all reasonable steps to avoid any
actual or perceived conflict of interest in exercising the member’s
functions under the Act.
(2) An ATSIEB member must declare a conflict of interest that cannot
reasonably be avoided.
Note An ATSIEB member must disclose a material interest in an issue being
considered by ATSIEB—see the Act, s 27.
Schedule 1 Code of conduct for ATSIEB members
Section 1.4
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1.4 Respect for privacy and reputation
(1) In exercising functions under the Act, an ATSIEB member must
respect the dignity and privacy of individual members of the
Aboriginal and Torres Strait Islander people living in the ACT.
(2) An ATSIEB member must consider the rights and reputation of a
person before making a statement in relation to the person to another
member, the community or the ACT Government.
1.5 Confidential information
(1) An ATSIEB member must not take improper advantage of
information gained through being an ATSIEB member.
(2) An ATSIEB member must not improperly disclose confidential
information the member has obtained through being an ATSIEB
member.
Example—improper disclosure
forwarding an email intended only for the confidential consideration of ATSIEB
members to a person who is not an ATSIEB member
Note An example is part of the regulation, is not exhaustive and may extend,
but does not limit, the meaning of the provision in which it appears (see
Legislation Act, s 126 and s 132).
1.6 Accountability and transparency
(1) An ATSIEB member must not improperly use a territory resource.
(2) An ATSIEB member must use public resources in an open and
accountable way.
Code of conduct for ATSIEB members Schedule 1
Section 1.7
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1.7 Mutual respect
(1) In exercising functions under the Act, an ATSIEB member must treat
other members, ACT Government employees and the public
professionally and with respect.
(2) In exercising functions under the Act, an ATSIEB member must not
bully, harass or intimidate anyone.
1.8 Accessibility
(1) An ATSIEB member must ensure that the member is reasonably
accessible to the Aboriginal and Torres Strait Islander people of the
ACT.
(2) An ATSIEB member must conscientiously represent the interests of
Aboriginal and Torres Strait Islander people of the ACT.
1.9 ATSIEB chair
The ATSIEB chair must perform the chair’s functions under the Act
in a way that—
(a) encourages ATSIEB to make decisions; and
(b) encourages all ATSIEB members to participate in discussions;
and
(c) ensures that discussions are fair and open; and
(d) maintains a constructive working relationship with government
agencies and other stakeholders.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• body
• Commonwealth
• in relation to
• law
• Minister (see s 162)
• must (see s 146)
• person (see s 160)
• State.
Note 3 Terms used in this regulation have the same meaning that they have in
the Aboriginal and Torres Strait Islander Elected Body Act 2008 (see
Legislation Act, s 148). For example, the following terms are defined in
the Aboriginal and Torres Strait Islander Elected Body Act 2008, dict:
• ATSIEB
• ATSIEB chair
• ATSIEB deputy chair
• ATSIEB member
• ATSIEB term.
code of conduct means the code of conduct set out in schedule 1.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired