Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Multiculturalism Act 2023
A2023-3
Republication No 2
Effective: 15 February 2024
Republication date: 15 February 2024
Act not amended
(republication for commenced provisions)
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 Multiculturalism Act 2023 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 February 2024. 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 changes
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
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Australian Capital Territory
Multiculturalism Act 2023
Contents
Page
Preamble 2
Part 1 Preliminary
1 Name of Act 3
3 Dictionary 3
4 Notes 3
Part 2 Object, important concepts and charter
5 Object of Act 4
6 Important concepts 4
7 Charter for multiculturalism 4
Part 3 Ministerial Advisory Council for
Multiculturalism
8 Establishment of council 5
9 Functions of council 5
Contents
Page
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10 Director-general to give support 5
11 Membership of council 5
12 Ending appointments 6
13 Minister to give directions on council procedures 7
14 Annual report by council 7
Part 4 Obligations of administrative units and
Minister
15 General obligations of administrative units 8
16 Reporting obligations of administrative units 9
17 Annual ministerial statement to Legislative Assembly 9
Part 5 Miscellaneous
18 Review of Act 10
19 Regulation-making power 10
Schedule 1 Charter for multiculturalism 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 14
5 Earlier republications 14
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Australian Capital Territory
Multiculturalism Act 2023
An Act to promote multiculturalism in the ACT, and for other purposes
Preamble
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Preamble
The Legislative Assembly—
1 acknowledges and pays respect to the first peoples and traditional
custodians of the ACT and other Aboriginal and Torres Strait Islander
peoples living in, or connected to, the ACT, whose lands, winds and
waters we now share; and
2 recognises the diverse cultures, languages and beliefs of the first
peoples of the ACT, and of the many other people who make up the
modern ACT community; and
3 believes that multiculturalism enriches the civic, cultural, economic,
educational, political and social life of the ACT; and
4 recognises that people of diverse backgrounds and experiences may
face different forms of discrimination and disadvantage; and
5 commits to ensuring the ACT is a harmonious and unified community
where individuals, regardless of their backgrounds and experiences,
feel included, respected and valued.
The Legislative Assembly for the Australian Capital Territory therefore enacts as
follows:
Preliminary Part 1
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Multiculturalism Act 2023.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in the Act.
For example, the signpost definition ‘multiculturalism—see section 6.’
means that the term ‘multiculturalism’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Part 2 Object, important concepts and charter
Section 5
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Part 2 Object, important concepts and
charter
5 Object of Act
(1) The object of this Act is to promote multiculturalism in the ACT.
(2) The object is to be achieved by—
(a) establishing and promoting the charter for multiculturalism; and
(b) establishing the council; and
(c) providing a framework for the review and continuous
development of the government’s promotion of
multiculturalism.
6 Important concepts
(1) For this Act, multiculturalism means actions, policies, principles,
programs and services intended to—
(a) engage with and respect individuals of diverse backgrounds and
experiences; and
(b) promote a better understanding of individuals’ diverse
backgrounds and experiences; and
(c) maintain an equitable, harmonious, progressive and unified
community; and
(d) benefit from diversity.
(2) For this Act, diversity means the different ways an individual
identifies and expresses themself in the community, including
through their culture, language, religious or spiritual belief.
7 Charter for multiculturalism
The charter for multiculturalism is set out in schedule 1.
Ministerial Advisory Council for Multiculturalism Part 3
Section 8
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Part 3 Ministerial Advisory Council for
Multiculturalism
8 Establishment of council
The Ministerial Advisory Council for Multiculturalism is established.
9 Functions of council
The functions of the council are to—
(a) advise the Minister on—
(i) ways to promote multiculturalism in the ACT; and
(ii) the effectiveness of government policies, programs and
other actions in promoting multiculturalism; and
(b) consult with individuals and bodies in the ACT community
about promoting multiculturalism; and
(c) exercise any other function given to the council under a territory
law.
10 Director-general to give support
The director-general must provide administrative support and
facilities for the council.
11 Membership of council
(1) The council is made up of—
(a) the chair; and
(b) the deputy chair; and
(c) 9 other members.
Part 3 Ministerial Advisory Council for Multiculturalism
Section 12
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(2) The Minister must appoint the—
(a) chair of the council; and
(b) deputy chair of the council; and
(c) other members of the council.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(3) The Minister may appoint a person to the council only if the Minister
is satisfied that the person—
(a) is committed to promoting multiculturalism; or
(b) has demonstrated leadership or expertise in contemporary issues
relevant to multiculturalism.
(4) The Minister must take all practicable steps to ensure that the
membership of the council reflects diversity, including by having
regard to—
(a) gender identities; and
(b) age groups; and
(c) residency or immigration status; and
(d) generations of migrants and their families.
(5) An appointment must be for a term of not longer than 3 years.
(6) A person must not be a member of the council for more than 2 terms.
12 Ending appointments
The Minister may end the appointment of a council member—
(a) for misbehaviour; or
(b) if the Minister is satisfied that the member is, or is likely to be,
unable to effectively exercise the member’s functions; or
Ministerial Advisory Council for Multiculturalism Part 3
Section 13
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(c) if the member is absent, other than on leave approved by the
Minister, from 2 consecutive meetings of the council.
Note A council member may resign from the council by giving signed notice
of resignation to the Minister (see Legislation Act, s 210).
13 Minister to give directions on council procedures
(1) The Minister must give the council a direction in relation to the
procedures of the council, including—
(a) how the council must conduct its proceedings; and
(b) how frequently the council must meet; and
(c) the records the council must keep or publish.
(2) The Minister must publish, for a reasonable period, a draft of the
direction for community consultation before giving the direction.
(3) A direction is a notifiable instrument.
14 Annual report by council
The council must prepare an annual report under the Annual Reports
(Government Agencies) Act 2004, section 7.
Note An annual report direction may include requirements about the council’s
annual report (see Annual Reports (Government Agencies) Act 2004, s 8).
Part 4 Obligations of administrative units and Minister
Section 15
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Part 4 Obligations of administrative
units and Minister
15 General obligations of administrative units
The director-general of an administrative unit must—
(a) ensure that the administrative unit—
(i) exercises its functions in a way that promotes
multiculturalism; and
(ii) takes into account the charter for multiculturalism in
exercising its functions; and
(iii) develops, applies and reviews its policies, programs and
services in a way that promotes multiculturalism; and
(iv) consults with the council and the ACT community about
how the administrative unit can promote multiculturalism;
and
(v) works with the council, other administrative units and
territory agencies to promote multiculturalism; and
(b) ensure that people in the ACT community, regardless of their
diversity, have effective and equitable access to information,
programs and services provided by the administrative unit.
Examples—par (a) (iii)
1 recruitment policies and guidance
2 diversity of representation on boards and committees
3 procurement policies and guidance
4 accessible provision of translating and interpreting services
5 encouraging public communication in languages other than English
6 diversity action plans
Obligations of administrative units and Minister Part 4
Section 16
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16 Reporting obligations of administrative units
(1) The director-general annual report for an administrative unit must, for
a reporting year, include—
(a) a statement about how the administrative unit has complied with
section 15; and
(b) a summary of—
(i) comments received from any consultation carried out
under section 15 (a) (iv); and
(ii) any action taken by the administrative unit in response to
the comments.
Note An annual report direction may include other requirements about
reporting on the charter for multiculturalism (see Annual Reports
(Government Agencies) Act 2004, s 8).
(2) In this section:
director-general annual report—see the Annual Reports
(Government Agencies) Act 2004, section 6.
reporting year—see the Annual Reports (Government Agencies)
Act 2004, dictionary.
17 Annual ministerial statement to Legislative Assembly
The Minister must, as soon as practicable after each financial year,
present to the Legislative Assembly a statement about—
(a) how administrative units have complied with section 15 during
the financial year; and
(b) the government’s priorities and strategies to promote
multiculturalism during the following financial year.
Part 5 Miscellaneous
Section 18
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Part 5 Miscellaneous
18 Review of Act
(1) The Minister must review the operation of this Act as soon as
practicable after the end of every 5 years of its operation.
(2) The Minister must present a report of each review to the Legislative
Assembly within 6 months after the day the review is started.
19 Regulation-making power
The Executive may make regulations for this Act.
Charter for multiculturalism Schedule 1
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Schedule 1 Charter for multiculturalism
(see s 7)
The Legislative Assembly believes our community is enriched by the long and
continuous cultures of the first peoples of Australia and the diverse cultures,
languages, religious or spiritual beliefs of the many other people who have made
our community their home. Accordingly, we say:
Regardless of your background and experiences, and how you have
come to be in the ACT—
1 you are welcome and your contributions to our community are valued
2 you are free and safe to express, practise, maintain and celebrate your
cultural, religious and spiritual identity
3 you are entitled to use, preserve and share your language
4 you are free to participate as equals in the civic, cultural, economic,
educational, political and social life of the ACT
5 you are entitled to equitable access to information, services and programs
provided to our community
We have a shared responsibility to—
6 value the contributions of all people, regardless of their backgrounds and
experiences
7 embrace and realise the benefits that diversity brings to our civic, cultural,
economic, educational, political and social life
8 create a harmonious and unified community based on mutual respect,
trust and understanding
9 end racism and other forms of unlawful discrimination.
Dictionary
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Dictionary
(see s 3)
Note The Legislation Act contains definitions relevant to this Act.
For example:
• ACT
• administrative unit
• body
• director-general (see s 163)
• financial year
• function
• give
• in relation to
• individual
• Legislative Assembly
• Minister (see s 162)
• notifiable instrument (see s 10)
• person (see s 160)
• territory law.
charter for multiculturalism means the charter established under
section 7.
council means the Ministerial Advisory Council for Multiculturalism
established under section 8.
diversity—section 6.
multiculturalism—see section 6.
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