Australian Capital Territory Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ELECTED BODY AMENDMENT ACT 2017 (NO. 18 OF 2017) - SECT 17

substitute

11     Requirement to consult

    (1)     In exercising its functions ATSIEB must consult Aboriginal and Torres Strait Islander people living in the ACT.

    (2)     Every Aboriginal and Torres Strait Islander person living in the ACT is eligible to participate in community consultation conducted by ATSIEB.

12     ATSIEB to develop consultation plan

    (1)     ATSIEB must, within 6 months of the commencement of each ATSIEB term, develop a plan for how it will consult Aboriginal and Torres Strait Islander people living in the ACT (a community consultation plan ).

    (2)     The community consultation plan must—

        (a)     cover the ATSIEB term; and

        (b)     include a description of the grounds relevant to a determination by ATSIEB that a person has a traditional connection to the ACT region for section 9 (1) (a) (iii); and

        (c)     maximise the participation of Aboriginal and Torres Strait Islander people living in the ACT by providing reasonable opportunities to participate in each consultation.

Examples—reasonable opportunities to maximise participation

              •     providing more than 1 form of consultative mechanism such as forums, face-to-face meetings, online surveys, inviting written submissions

              •     giving advance notice of consultation events

              •     holding face-to face events at accessible locations

Note     An example is part of the Act, 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).

    (3)     ATSIEB must take reasonable steps to tell Aboriginal and Torres Strait Islander people living in the ACT about the community consultation plan.

Examples—reasonable steps

              •     notice posted on an ATSIEB website

              •     notice sent on an email network

              •     advertisements in local and Indigenous newspapers

13     Conduct of consultation

In carrying out community consultation, ATSIEB must give effect to the following principles:

        (a)     consultation should focus on the particular area of interest to be discussed;

        (b)     consultation should be open and transparent;

        (c)     consultation should lead to sustainable decisions by involving effective community engagement;

        (d)     without limiting paragraph (c), ATSIEB should ensure that—

              (i)     relevant information is provided in a timely and accessible way to enable maximum community participation in debate about the area of interest; and

              (ii)     opportunities are provided for feedback about the area of interest.

13A     Reporting on consultation

    (1)     ATSIEB must prepare a written report about its community consultation activities and publish the report on an ATSIEB website.

    (2)     The report must state—

        (a)     the topic of the consultation; and

        (b)     ATSIEB's view about the topic; and

        (c)     any issues raised by the community during consultation; and

        (d)     any recommendations of ATSIEB in relation to the topic.

    (3)     ATSIEB must give a copy of the report to the Minister.

    (4)     The Minister must give ATSIEB a response to the report not later than 3 months after the day the Minister receives the report under subsection (3).