Queensland Consolidated Regulations

ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) REGULATION 2008 - SCHEDULE 3

SCHEDULE 3 – Cherbourg

Part 1 - Preliminary

1 Definitions for sch 3

In this schedule—

"council" means the Cherbourg Shire Council.

"main Indigenous social grouping" means each of the following groups of Indigenous people—

• traditional owners of the community government area of the Cherbourg Shire Council

• other Indigenous residents of the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council.

Part 2 - Name of community justice group

2 Name

The name of the community justice group for the community government area of the Cherbourg Shire Council is Barambah Community Justice Group.

Part 3 - Membership

3 Number of members

The justice group is comprised of 13 members.

4 Eligibility

(1) A person is eligible to be a member of the justice group if the person—

(a) is a member of a main Indigenous social grouping; and

(b) lives in the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council (the
"relevant area" ); and

(c) has lived in the relevant area for at least 5 years immediately before the person is nominated to be a member of the justice group.

(2) For subsection (1) (c) , it is irrelevant whether the person has, for the 5 years, lived in 1 or more of the areas mentioned in subsection (1) (b) .

5 Nomination, and withdrawal of nomination, of members

(1) Each entity mentioned in column 1 of the following table (a
"nominating entity" ) must nominate the person or persons mentioned in column 2 opposite the entity to be members of the justice group—

Table

	Column 1		Column 2
	1 The main Indigenous social grouping that is the traditional owners of the community government area of the Cherbourg Shire Council		1 female person and 1 male person
	2 The main Indigenous social grouping that is the other Indigenous residents of the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council		2 female persons and 2 male persons
	3 Cherbourg Elders Group		1 female person and 1 male person
	4 Cherbourg Shire Council		1 elected member of the Council
	5 Cherbourg Elders Family Support Program Inc ABN 89 169 476 479		1 female person
	6 Jundah Aboriginal Corporation Inc ABN 67 108 840 684		1 female person
	7 Cherbourg Primary P&C Association ABN 52 467 302 311		1 person
	8 The chief executive of the department in which the Hospital and Health Boards Act 2011 is administered		1 person

(2) A nominating entity may, at any time, withdraw a nomination made by it.

(3) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it.

(4) The nomination of a person takes effect on the later of the following—

(a) the day notice of the nomination is published on the Queensland Courts website under section 6 (1) (a) ;

(b) the day, if any, stated in the notice.

(5) The withdrawal of the nomination of a person takes effect on the day stated in the notice given to the person under section 6 (2) (a) .

6 Notification by Minister

(1) The Minister must, if satisfied a person nominated under section 5 (1) is eligible for membership of the justice group—

(a) publish notice of the nomination on the Queensland Courts website; and

(b) give the person written notice of the nomination.

(2) If the Minister is advised of the withdrawal of the nomination of a person under section 5 (3) , the Minister must—

(a) give the person written notice of the withdrawal of the nomination; and

(b) publish notice of the withdrawal of the nomination on the Queensland Courts website.

(3) A notice given to a person under subsection (2) (a) must state the day, not earlier than the day the notice is given to the person, the withdrawal of the nomination takes effect.

(4) A notice published under subsection (1) (a) or (2) (b) must state—

(a) the name of the person nominated or whose nomination is withdrawn; and

(b) the nominating entity that nominated, or withdrew the nomination of, the person.

7 Vacation of office

(1) The office of a member of the justice group becomes vacant if—

(a) the member—

(i) dies; or

(ii) resigns office by notice given to the coordinator for the justice group; or

(iii) ceases to be eligible to be a member of the justice group; or

(iv) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or

(b) the member’s nomination is withdrawn under section 5 .

(2) A notice mentioned in subsection (1) (a) (ii) may be given orally or in writing.

8 Coordinator to advise Minister of vacancy

The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7 (1) (a) , advise the Minister of the vacancy.

9 Term of membership

(1) Subject to subsection (2) , a member of the justice group holds office for the term—

(a) starting on the day the member’s nomination takes effect under section 5 (4) ; and

(b) ending on the earlier of the following—

(i) 4 years after the day the member’s nomination takes effect;

(ii) the day the member’s office becomes vacant under section 7 (1) .

(2) If the office of a member (the
"former member" ) becomes vacant under section 7 (1) , a person nominated to fill the resulting vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant.

(3) If the term of office of a member (the
"former member" ) ends under subsection (1) (b) (i) , the former member may continue to act as a member in the office left vacant by the former member until the vacancy is filled.

Part 4 - Business and meetings

10 Conduct of business

(1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom.

(2) The justice group may only make decisions about business relating to its functions under section 19 (1) (a) , (c) , (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a
"special meeting" ).

11 Times and places of special meetings

(1) Special meetings must be held at the times and places the justice group decides.

(2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group.

12 Quorum for special meeting

A quorum for a special meeting of the justice group is 5, at least 1 of whom must be a person who represents a main Indigenous social grouping.

13 Presiding at special meeting

At a special meeting, the member of the justice group chosen by the members present is to preside.

14 Voting at special meeting

A question at a special meeting is to be decided by a majority of the votes of the members present and, if the votes are equal, the member presiding has a casting vote.