COORDINATOR-GENERAL FOR REMOTE INDIGENOUS SERVICES BILL 2009

i Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

Contents

Part 1--Preliminary

Short title ............................................................................................ 1

Commencement .................................................................................. 2

Object of Act....................................................................................... 2

Definitions .......................................................................................... 2

Specified remote community .............................................................. 4

Act binds Crown ................................................................................. 4

Part 2--Establishme nt and functions of Coordinator-General

for Remote Indigenous Services

Division 1--Establishment of Coordinator-General for Remote

Indigenous Services

Coordinator-General for Remote Indigenous Services....................... 5

Division 2--Functions and general powers of

Coordinator-General

Functions of Coordinator-General ...................................................... 6

Powers of Coordinator-General .......................................................... 6

Division 3--Monitoring

Coordinator-General may request persons to provide

information and documents etc........................................................... 8

No loss of legal professional privilege ............................................... 8

Coordinator-General may make and keep copies of

documents ........................................................................................... 8

Limitation of powers under this Division ........................................... 9

Division 4--Local Implementation Plans

Local Implementation Plans ............................................................. 10

Division 5--Reporting

Regular reports on government services and facilities in

specified remote communities .......................................................... 11

Reports on failures to comply with requests..................................... 11

Other reports ..................................................................................... 12

Criticism of service agencies ............................................................ 12

Part 3--Administrative provisions about Coordinator-General

Appointment ..................................................................................... 13

Acting appointments ......................................................................... 13

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 ii

Remuneration.................................................................................... 14

Leave of absence............................................................................... 14

Engaging in other paid work............................................................. 15

Disclosure of interests to the Minister .............................................. 15

Resignation ....................................................................................... 15

Termination of appointment ............................................................. 15

Coordinator-General's staff .............................................................. 17

Part 4--Other matters

Annual reports .................................................................................. 18

Delegation of certain powers by Coordinator-General..................... 18

Regulations ....................................................................................... 18

Part 1 Preliminary

Section 2

2 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

2 Commence ment

This Act commences on the day on which it receives the Royal

Assent.

3 Object of Act

The object of this Act is to provide for a Coordinator-General for

Remote Indigenous Services, who will monitor, assess, advise in

relation to, and drive:

(a) the development and delivery of services and facilities by

governments, in each remote location specified by the

Minister, to a standard broadly comparable with that in

non-Indigenous communities of similar size, location and

needs elsewhere in Australia, including through:

(i) improvements to the coordination of the development

and delivery of such services and facilities; and

(ii) reforms to the development and delivery of such

services and facilities; and

(b) progress towards achieving the Closing the Gap targets in

those specified locations.

4 Definitions

In this Act:

Agency Head has the meaning given by the Public Service Act

1999.

Closing the Gap targets means the 6 targets agreed to in the

National Indigenous Reform Agreement, included in Schedule F to

the Intergovernmental Agreement on Federal Financial Relations

that took effect on 1 January 2009.

Coordinator-General means the Coordinator-General for Remote

Indigenous Services mentioned in section 7.

government services and facilities, in a community, means

services and facilities provided in the community by, for or on

behalf of the Commonwealth, a State, a Territory or a local

government, whether the services and facilities are provided:

Preliminary Part 1

Section 4

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 3

(a) only to Indigenous persons; or

(b) to the community more generally.

head, of a service agency, means:

(a) in the case of an Agency (within the meaning of the Public

Service Act 1999)--the Agency Head of the Agency; or

(b) in the case of any other service agency established for a

public purpose--the person holding, or performing the duties

of, the principal office in respect of the service agency; or

(d) in any other case--the chief executive officer (however

described) of the service agency.

Indigenous means:

(a) a member of the Aboriginal race of Australia; or

(b) a descendant of the Indigenous inhabitants of the Torres

Strait Islands.

Local Implementation Plans has the meaning given by the

National Partnership Agreement on Remote Service Delivery.

member of the Coordinator-General's staff means an APS

employee whose services are made available to the

Coordinator-General as mentioned in section 27.

National Partnership Agreement on Remote Service Delivery

means the National Partnership Agreement on Remote Service

Delivery that took effect on 27 January 2009.

non-Indigenous community means a community of which no

significant proportion is Indigenous.

remote location means a Remote Indigenous Location (within the

meaning given by the National Partnership Agreement on Remote

Service Delivery).

service agency means a department, agency or authority of:

(a) the Commonwealth; or

(b) a State; or

Part 1 Preliminary

Section 5

4 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

specified remote community has the meaning given by section 5.

5 Specified re mote community

(1) A specified remote community is a community in a remote

location specified by the Minister under subsection (2).

(2) The Minister may, by notice published in the Gazette, specify a

remote location in a State or a Territory for the purposes of

subsection (1) if a significant proportion of the population of the

location is Indigenous.

(3) A notice made under subsection (2) is not a legislative instrument.

6 Act binds Crown

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to be prosecuted for an

offence.

Establishment and functions of Coordinator-General for Remote Indigenous Services

Part 2

Establishment of Coordinator-General for Remote Indigenous Services Division 1

Section 7

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 5

Part 2--Establishment and functions of

Coordinator-General for Remote

Indigenous Services

Division 1--Establishment of Coordinator-General for

Remote Indigenous Services

7 Coordinator-General for Remote Indigenous Services

There is to be a Coordinator-General for Remote Indigenous

Services.

Part 2 Establishment and functions of Coordinator-General for Remote Indigenous

Services

Division 2 Functions and general powers of Coordinator-General

Section 8

6 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

Division 2--Functions and general powers of

Coordinator-General

8 Functions of Coordinator-General

The functions of the Coordinator-General are to monitor, assess,

advise in relation to, and drive:

(a) the development and delivery of government services and

facilities in each of the specified remote communities to a

standard broadly comparable with that in non-Indigenous

communities of similar size, location and needs elsewhere in

Australia, including through:

(i) improvements to the coordination of the development

and delivery of such services and facilities; and

(ii) reforms to the development and delivery of such

services and facilities; and

(b) progress towards achieving the Closing the Gap targets in the

specified remote communities.

9 Powe rs of Coordinator-General

(1) The Coordinator-General has power to do all things necessary or

convenient to be done for or in connection with the performance of

his or her functions.

(2) The Coordinator-General's powers include, but are not limited to,

the following powers:

(a) the power under section 10 to request persons to produce

information and documents to the Coordinator-General;

(b) the power to request persons to attend meetings convened by

the Coordinator-General;

(d) the power under section 16 to report failures to comply with

requests made by the Coordinator-General, including the

power to report such failures to the Minister;

(e) the power under section 14 to comment on Local

Implementation Plans;

Part 2 Establishment and functions of Coordinator-General for Remote Indigenous

Services

Division 3 Monitoring

Section 10

8 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

Division 3--Monitoring

10 Coordinator-General may request persons to provide

information and documents etc.

(1) For the purpose of performing his or her functions, the

Coordinator-General may request a person:

(a) to give the Coordinator-General specified information within

a specified time; or

(b) to produce to the Coordinator-General specified documents

within a specified time; or

at a specified place at a specified time.

Note 1:

Section 11 provides that compliance with a request does not result in a

loss of legal professional privilege.

Note 2:

If a person fails to comply with a request, the Coordinator-General

may report the failure: see section 16.

(2) A person who, in good faith, complies with a request under

subsection (1) is not liable:

(a) to any proceedings for contravening any other law because of

that conduct; or

(b) to civil proceedings for loss, damage or injury of any kind

suffered by another person because of that conduct.

11 No loss of legal professional privilege

Information or a document does not cease to be the subject of legal

professional privilege merely because it is:

(a) given or produced in response, or included or referred to in a

response, to a request made under section 10; or

(b) referred to in answering a question asked pursuant to a

request made under section 10.

12 Coordinator-General may make and keep copies of docume nts

The Coordinator-General may make and keep copies of all or part

of any documents produced under section 10.

Establishment and functions of Coordinator-General for Remote Indigenous Services

Part 2

Reporting Division 5

Section 15

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 11

Division 5--Reporting

15 Regular reports on government services and facilities in specified

re mote communities

The Coordinator-General must prepare and give to the Minister

twice each year, or as otherwise required by the Minister, a report

on:

(a) the development and delivery, during the period since the

Coordinator-General last gave a report to the Minister under

this section, of government services and facilities in each of

the specified remote communities to a standard broadly

comparable with that in non-Indigenous communities of

similar size, location and needs elsewhere in Australia,

including through:

(i) improvements to the coordination of the development

and delivery of such services and facilities; and

(ii) reforms to the development and delivery of such

services and facilities; and

(b) the progress that has been made during that period towards

achieving the Closing the Gap targets in the specified remote

communities.

16 Reports on failures to comply with requests

Scope

(1) This section applies if:

(a) a person fails to comply with a request made by the

Coordinator-General under:

(i) paragraph 9(2)(b) (attendance at meetings); or

(ii) section 10 (provision of information and documents

etc.); or

(b) a service agency fails to comply with a request for assistance

made by the Coordinator-General under paragraph 9(2)(c); or

Coordinator-General.

Part 2 Establishment and functions of Coordinator-General for Remote Indigenous

Services

Division 5 Reporting

Section 17

12 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

Initial discussion of Coordinator-General's concerns

(2) The Coordinator-General may discuss the matter with such persons

as the Coordinator-General considers appropriate.

Coordinator-General may escalate concerns

(3) If the Coordinator-General is not satisfied with the result of the

discussions under subsection (2), the Coordinator-General may

report the matter to the head of the relevant service agency.

(4) If the Coordinator-General is not satisfied with the response of the

head of the service agency, the Coordinator-General may report the

matter to:

(a) the Minister; and

(b) if the Coordinator-General considers it necessary to do so--

the Prime Minister.

17 Other reports

For the purpose of performing his or her functions, the

Coordinator-General may prepare and give to the Minister reports

other than those mentioned in sections 15 and 16.

18 Criticism of service agencies

If the Coordinator-General proposes to include in a report under

this Division material that is expressly or impliedly critical of a

service agency, or a part of a service agency, the

Coordinator-General must consult with the head of that service

agency.

Note:

Compliance with this section for the purposes of including material in

one report under this Division also counts as compliance for the

purposes of including substantially the same material in another report

under this Division.

Admin istrative provisions about Coordinator-General Part 3

Section 19

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 13

Part 3--Administrative provisions about

Coordinator-General

19 Appointment

Appointment by Governor-General on full-time basis

(1) The Coordinator-General is to be appointed by the

Governor-General by written instrument. The appointment is to be

on a full-time basis.

Note:

The Coordinator-General is eligible for reappointment: see subsection

33(4A) of the Acts Interpretation Act 1901.

Obligation to fill vacancy as soon as practicable

(2) Whenever a vacancy occurs in the office of Coordinator-General,

an appointment must be made to the office as soon as practicable.

Period of appointment

(3) The Coordinator-General holds office for the period specified in

the instrument of appointment. The period must not exceed 5 years.

Terms and conditions not covered by this Act

(4) The Coordinator-General holds office on the terms and conditions

(if any) in relation to matters not covered by this Act that are

determined by the Governor-General.

20 Acting appointments

(1) The Minister may, by written instrument, appoint a person to act as

the Coordinator-General:

(a) during a vacancy in the office of Coordinator-General

(whether or not an appointment has previously been made to

the office); or

(b) during any period, or during all periods, when the

Coordinator-General:

(i) is absent from duty or from Australia; or

Part 3 Ad min istrative provisions about Coordinator-General

Section 21

14 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

(ii) is, for any reason, unable to perform the duties of the

office.

(2) An appointment under subsection (1) ceases to have effect after 12

months if it does not cease earlier.

(3) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See sections 20 and 33A of the Acts Interpretation Act 1901.

21 Remuneration

(1) The Coordinator-General is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the

Coordinator-General is to be paid the remuneration that is

prescribed by the regulations.

(2) The Coordinator-General is to be paid the allowances that are

prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

22 Leave of absence

(1) The Coordinator-General has the recreation leave entitlements that

are determined by the Remuneration Tribunal.

(2) The Minister may grant the Coordinator-General leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

Admin istrative provisions about Coordinator-General Part 3

Section 23

Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009 15

23 Engaging in other paid work

The Coordinator-General must not engage in paid employment

outside the duties of his or her office without the Minister's

approval.

24 Disclosure of interests to the Minister

The Coordinator-General must give written notice to the Minister

of all interests, pecuniary or otherwise, that the

Coordinator-General has or acquires and that could conflict with

the proper performance of the Coordinator-General's functions.

25 Resignation

(1) The Coordinator-General may resign his or her appointment by

giving the Governor-General a written resignation.

(2) The resignation takes effect:

(a) on the day it is received by the Governor-General; or

(b) if a later day is specified in the resignation--on that later day.

Termination of appointment

Obligation to terminate on certain grounds

(1) The Governor-General must terminate the appointment of the

Coordinator-General if:

(a) the Coordinator-General:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the Coordinator-General is absent, except on leave of

absence, for 10 consecutive days or for 28 days in any 12

months; or

Part 3 Ad min istrative provisions about Coordinator-General

Section 26

16 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

approval, in paid employment outside the duties of his or her

office (see section 23); or

(d) the Coordinator-General fails, without reasonable excuse, to

comply with section 24.

Discretion to terminate for misbehaviour or physical or mental

incapacity

(2) Subject to subsections (3), (4) and (5), the Governor-General may

terminate the appointment of the Coordinator-General:

(a) on the ground of misbehaviour or physical or mental

incapacity; or

(b) if the Minister is satisfied that the performance of the

Coordinator-General has been unsatisfactory.

(3) If the Coordinator-General:

(a) is an eligible employee for the purposes of the

Superannuation Act 1976; and

(b) has not reached his or her maximum retiring age (within the

meaning of that Act);

his or her appointment cannot be terminated on the ground of

physical or mental incapacity unless the Board (within the meaning

of that Act) has given a certificate under section 54C of that Act.

(4) If the Coordinator-General:

(a) is a member of the superannuation scheme established by

deed under the Superannuation Act 1990; and

(b) is under 60 years of age;

his or her appointment cannot be terminated on the ground of

physical or mental incapacity unless the Board (within the meaning

of that Act) has given a certificate under section 13 of that Act.

(5) If the Coordinator-General:

(a) is an ordinary employer-sponsored member of PSSAP,

within the meaning of the Superannuation Act 2005; and

(b) is under 60 years of age;

his or her appointment cannot be terminated on the ground of

physical or mental incapacity unless the Board (within the meaning

Part 4 Other matters

Section 28

18 Coordinator-General for Remote Indigenous Services Bill 2009 No. , 2009

Part 4--Other matters

28 Annual reports

Annual report to be given to Minister

(1) The Coordinator-General must, as soon as practicable after 30 June

in each year, prepare and give to the Minister a report (an annual

report) on the operations of the Coordinator-General, and the

Coordinator-General's staff, during the year that ended on that

30 June.

Annual report to be tabled in Parliament

(2) The Minister must cause a copy of each annual report to be tabled

in each House of the Parliament within 15 sitting days of that

House after the day on which the Minister receives the report.

29 Delegation of ce rtain powe rs by Coordinator-General

The Coordinator-General may delegate all or any of his or her

powers under this Act (other than section 27) to a member of the

Coordinator-General's staff.

30 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

COORDINATOR-GENERAL FOR REMOTE INDIGENOUS SERVICES BILL 2009