Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


STOLEN GENERATION COMPENSATION BILL 2008

2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Stolen Generation Compensation Bill
2008
No. , 2008
(Senator Bartlett)
A Bill for an Act to provide for ex gratia payments
to be made to the stolen generation of Aboriginal
children, and for related purposes
i Stolen Generation Compensation Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Interpretation....................................................................................... 2
4
Entitlement to ex gratia payment ........................................................ 2
5
Eligibility criteria for ex gratia payment ............................................ 2
6
Applications for ex gratia payment..................................................... 3
7
Referral of application to Stolen Generations Tribunal...................... 4
8
Time for completion of assessments................................................... 4
9
Stolen Generations Tribunal to decide applications ........................... 4
10
Establishment of Stolen Generations Fund......................................... 4
11
Amount of ex gratia payment ............................................................. 5
12
Payment of ex gratia payment ............................................................ 5
13
Stolen Generations Tribunal decision is reviewable .......................... 5
14
Appointment of Stolen Generations Tribunal..................................... 5
15
Procedures for merit selection of appointments under this
Act....................................................................................................... 5
16
Functions of Stolen Generations Tribunal .......................................... 6
17
Powers of Stolen Generations Tribunal .............................................. 6
18
Protection from liability...................................................................... 7
19
Confidentiality .................................................................................... 7
20
Report to Minister............................................................................... 7
21
Death of applicant............................................................................... 7
22
Additional support .............................................................................. 8
23
Regulations ......................................................................................... 8
Schedule 1-- Provisions in relation to the Stolen
Generations Tribunal
9
1
Remuneration and conditions of appointment .................................... 9
2
Removal from office........................................................................... 9
Stolen Generation Compensation Bill 2008 No. , 2008 1
A Bill for an Act to provide for ex gratia payments
1
to be made to the stolen generation of Aboriginal
2
children, and for related purposes
3
The Parliament of Australia enacts:
4
5
1 Short title
6
This Act may be cited as the Stolen Generation Compensation Act
7
2008.
8
2 Commence ment
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
Section 3
2 Stolen Generation Compensation Bill 2008 No. , 2008
3 Inte rpretation
1
In this Act, unless the contrary intention appears:
2
Aboriginal or Torres Strait Islander person means anybody who
3
identifies as an Aboriginal or Torres Strait Islander descendant as
4
defined in the Aboriginal and Torres Strait Islander Act 2005.
5
eligibility criteria means the criteria for which determines whether
6
an applicant for an ex gratia payment is eligible for the payment set
7
out in section 5.
8
ex gratia payment means a payment referred to in section 9.
9
stolen generations means persons eligible for ex gratia payments
10
under this Act.
11
Stolen Generations Tribunal means a group of 6 persons, half or
12
more of those persons being of Aboriginal or Torres Strait Islander
13
descent.
14
4 Entitle ment to ex gratia payme nt
15
(1) An ex gratia payment is payable from funds appropriated by the
16
Parliament for the purpose of this section on an application under
17
this Act if the applicant satisfies the eligibility criteria in subsection
18
5(1), (2) or (3).
19
(2) If a person makes an application under the eligibility criteria set
20
out in subsection 5(1), (2) or (3) and the Stolen Generations
21
Tribunal determines that the person satisfies one or more of the
22
eligibility criteria, the person is entitled to receive only one ex
23
gratia payment.
24
(3) A person who has already received a payment under State or
25
Territory Stolen Generation compensation legislation or like
26
legislation is not eligible for an ex gratia payment under this Act.
27
5 Eligibility criteria for ex gratia payment
28
(1) To be eligible for an ex gratia payment under this subsection, an
29
applicant must be one of the following:
30
Section 6
Stolen Generation Compensation Bill 2008 No. , 2008 3
(a) an Aboriginal or Torres Strait Islander person who was
1
subject to the Aborigines Ordinance (1911 or 1918) and was
2
removed from their family; or
3
(b) any Aboriginal or Torres Strait Islander person who was not
4
subject to the Aborigines Ordinance 1911 or 1918, but was
5
subject to similar legislation which resulted in their being
6
forcibly removal from their family prior to 31st December
7
1975.
8
(2) To be eligible for an ex gratia payment under this subsection, an
9
applicant must be one of the following:
10
(a) an Aboriginal or Torres Strait Islander person who was
11
removed from their family prior to 31st December 1975 and
12
was under the age of 21 years at the time of their removal,
13
and who the Stolen Generations Tribunal is satisfied was
14
subject to duress by a state agency as a consequence, in
15
whole or in part, of race-based policies operating at the time;
16
(b) an Aboriginal or Torres Strait Islander person who was
17
subject to the Aborigines Ordinance 1911 or 1918 or similar
18
legislation which permitted forcible removal of children from
19
their family.
20
(3) To be eligible for an ex gratia payment under this subsection, an
21
applicant must be one of the following:
22
(a) an Aboriginal or Torres Strait Islander person; and
23
(b) a living descendent of a deceased person who would have
24
satisfied the criteria:
25
(i) in subsection (1)(a) or (b); or
26
(ii) in subsection (2)(a) or (b).
27
6 Applications for ex gratia payment
28
(1) An application for an ex gratia payment is to be made to the
29
Secretary of the Department.
30
(2) An application may be presented through oral evidence to the
31
Stolen Generations Tribunal by the applicant/s either in person or
32
by other means necessary.
33
Section 7
4 Stolen Generation Compensation Bill 2008 No. , 2008
(3) An application must be made within 7 years commencing on the
1
commencement of this Act.
2
(4) An applicant for an ex gratia payment may, with the consent of the
3
Secretary of the Department, amend an application.
4
(5) An application for an ex gratia payment may be made on behalf of
5
a person under a legal disability by a guardian of that person.
6
(6) For the purposes of determining eligibility, the person under the
7
legal disability is to be regarded as the applicant.
8
7 Referral of application to Stolen Generations Tribunal
9
On receipt of an application under section 6, the Secretary of the
10
Department is to forward the application to the Stolen Generations
11
Tribunal.
12
8 Time for completion of assessments
13
The Stolen Generations Tribunal must make their decision in
14
relation to eligibility for an ex gratia payment within 12 months
15
after receiving an application.
16
9 Stolen Generations Tribunal to decide applications
17
If the Stolen Generations Tribunal is satisfied that an ex gratia
18
payment is payable on an application, he or she must, by notice in
19
writing, authorise the Secretary of the Department to make the ex
20
gratia payment.
21
10 Establishme nt of Stolen Gene rations Fund
22
(1) An account to be known as the Stolen Generations Fund is
23
established to disburse funds to claimants eligible under this Act.
24
(2) Payments from the Stolen Generations Fund are to be met from
25
funds appropriated by the Parliament for the purpose.
26
(3) Administration of the Stolen Generations Fund is by the
27
Department.
28
Section 11
Stolen Generation Compensation Bill 2008 No. , 2008 5
(4) The fund is a special amount for the purposes of the Financial
1
Management and Accountability Act 1997.
2
11 Amount of ex gratia payme nt
3
The amount of an ex gratia payment in respect of an applicant
4
referred to in subsection 5(3), is an amount not exceeding $20,000
5
as common experience payment and $3,000 for each year of
6
institutionalisation.
7
12 Payment of ex gratia payment
8
The Secretary of the Department is to make the ex gratia payment
9
to the applicant by electronic funds transfer, by cheque or in any
10
other manner determined by the Secretary of the Department on
11
receipt of a form, approved by the Secretary of the Department,
12
signed by the applicant.
13
13 Stolen Generations Tribunal decision is reviewable
14
All decisions made by the Stolen Generations Tribunal are eligible
15
for judicial review.
16
14 Appointment of Stolen Generations Tribunal
17
(1) Following nominations by the Attorney-General in accordance
18
with the merit selection process set out in section 15, the Stolen
19
Generations Tribunal is to be appointed by the Governor-General
20
by written instrument, for a period not exceeding 10 years.
21
(2) The Attorney-General must make the nomination mentioned in
22
subsection (1) within 14 days of the publication of the code
23
mentioned in subsection 15(2).
24
(3) Schedule 1 has effect in relation to the Office of the Stolen
25
Generations Tribunal.
26
15 Procedures for merit selection of appointments under this Act
27
(1) The Attorney-General must by writing determine a code of practice
28
within 15 days of the commencement of this Act, for selecting
29
Section 16
6 Stolen Generation Compensation Bill 2008 No. , 2008
persons to be nominated by the Attorney-General for appointment
1
to a position under this Act, that sets out general principles on
2
which the selections are to be made, including but not limited to:
3
(a) merit; and
4
(b) independent scrutiny of appointments; and
5
(c) probity; and
6
(d) openness and transparency; and
7
(e) at least three persons on the tribunal must identify as
8
Aboriginal or Torres Strait Islander.
9
(2) After determining a code of practice under subsection (1), the
10
Attorney-General must publish the code in the Gazette.
11
(3) A code of practice determined under subsection (1) is a legislative
12
instrument for the purposes of the Legislative Instruments Act
13
2003.
14
16 Functions of Stolen Generations Tribunal
15
The Stolen Generations Tribunal has the following functions:
16
(a) to decide whether an applicant is eligible for an ex gratia
17
payment;
18
(b) such other functions as may be prescribed.
19
17 Powe rs of Stolen Generations Tribunal
20
(1) The Stolen Generations Tribunal has power to do all things
21
necessary or convenient to be done to perform their functions and,
22
in particular, has power:
23
(a) to obtain information from departments and agencies; and
24
(b) to obtain further information from the applicant, if unable to
25
decide from the information obtained under paragraph (a)
26
whether an applicant is eligible for an ex gratia payment.
27
(2) The Stolen Generations Tribunal may exercise their powers
28
notwithstanding any other legislation relating to the confidentiality
29
or privacy of information.
30
Section 18
Stolen Generation Compensation Bill 2008 No. , 2008 7
18 Protection from liability
1
The Stolen Generations Tribunal does not incur any personal
2
liability for an act done or omitted to be done by the Stolen
3
Generations Tribunal in good faith in the performance or exercise,
4
or purported performance or exercise, of any of their functions or
5
powers under this Act.
6
19 Confidentiality
7
(1) The Stolen Generations Tribunal must not divulge the information
8
obtained under this Act otherwise than as provided by this section.
9
(2) The Stolen Generations Tribunal may divulge the information
10
obtained under this Act in so far as it is necessary to do so to carry
11
out their functions under this Act.
12
20 Report to Minister
13
(1) The Stolen Generations Tribunal is to give the Minister a report on
14
the performance of their functions within 30 days after the day on
15
which they make a decision on the final application for an ex gratia
16
payment.
17
(2) The Minister is to cause a copy of the report prepared in
18
accordance with subsection (1) to be tabled in both Houses of
19
Parliament within 5 sitting days of receiving it.
20
21 Death of applicant
21
(1) An application for an ex gratia payment does not lapse because the
22
applicant dies before the application is decided.
23
(2) If an applicant for an ex gratia payment dies before the application
24
is decided, an ex gratia payment, if payable on the application, is to
25
be paid to the estate of the deceased.
26
Section 22
8 Stolen Generation Compensation Bill 2008 No. , 2008
22 Additional support
1
(1) Funding is to be allocated for healing centres and services of
2
assistance for people in receipt of compensation as a result of the
3
removal from their families.
4
(2) For the purpose of subsection (1), healing centres and related
5
services are to be set up in consultation with Aboriginal and Torres
6
Strait Islander persons of the Stolen Generation in a variety of
7
locations across Australia.
8
(3) Funding is to be allocated for a Funeral Trust Fund for the
9
provision of funeral services for the deceased.
10
23 Regulations
11
The Governor-General may make regulations for the purposes of
12
this Act.
13
14
Provisions in relation to the Stolen Generations Tribunal Schedule 1
Section 1
Stolen Generation Compensation Bill 2008 No. , 2008 9
1
Schedule 1-- Provisions in relation to the
2
Stolen Generations Tribunal
3
1 Remuneration and conditions of appointment
4
(1) The Stolen Generations Tribunal is to be paid such remuneration,
5
including travelling and other allowances, as is determined by the
6
Remuneration Tribunal.
7
(2) The Stolen Generations Tribunal holds office on such terms and
8
conditions in relation to matters not provided for by this Act as are
9
specified in their instrument of appointment.
10
2 Removal from office
11
The Governor-General may remove the Stolen Generations
12
Tribunal if the Governor-General is satisfied on the basis of a
13
written report and recommendation from the Minister that the
14
Stolen Generations Tribunal is unable to perform adequately or
15
competently the duties of office.
16

 


[Index] [Search] [Download] [Related Items] [Help]