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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Multicultural
Bill 2020
A BILL FOR
An Act to advance multiculturalism and interculturalism in South Australia,
to establish the South Australian Multicultural Commission, to provide for the
South Australian Multicultural Charter, to repeal the
South
Australian Multicultural and Ethnic Affairs Commission
Act 1980
, and for other purposes.
Contents
Part 2—Parliamentary
declaration
Part 3—South Australian Multicultural
Commission
5South Australian
Multicultural Commission
6Constitution of Multicultural
Commission
7Presiding member and deputy presiding
member
8Meetings of Multicultural Commission
etc
13Conflict of interest under Public Sector
(Honesty and Accountability) Act
15Use of staff etc of Public
Service
16Principles guiding consultation under
Act
17Multicultural Commission to provide report to
Minister etc
Part 4—South Australian Multicultural
Charter
18South Australian
Multicultural Charter
19Statutory duty of State authorities in respect
of Charter
Schedule 1—Repeal and transitional
provisions etc
Part 2—Repeal of South Australian
Multicultural and Ethnic Affairs Commission Act 1980
2Repeal of South Australian
Multicultural and Ethnic Affairs Commission Act 1980
Part 3—Transitional and savings etc
provisions
3South Australian Multicultural and Ethnic
Affairs Commission dissolved
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Multicultural
Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
South Australian Multicultural Charter means the South
Australian Multicultural Charter prepared under
section 18
, as in force from time to time;
South Australian Multicultural Commission or
Multicultural Commission means the South Australian Multicultural
Commission established under
section 5
;
State authority means—
(a) a person who holds an office established by an Act; or
(b) a public sector agency; or
(c) an agency or instrumentality of the Crown; or
(d) a local council constituted under the
Local
Government Act 1999
; or
(e) any incorporated or unincorporated body—
(i) established for a public purpose by an Act; or
(ii) established for a public purpose under an Act (other than an Act
providing for the incorporation of companies or associations, co-operatives,
societies or other voluntary organisations); or
(iii) established, or subject to control or direction, by the Governor, a
Minister of the Crown or any instrumentality or agency of the Crown or a local
council (whether or not established by or under an Act or an enactment);
or
(f) any other person or body declared by the regulations to be a State
authority,
but does not include a person or body declared by the regulations to be
excluded from the ambit of this definition.
(2) For the purposes of this Act, a reference to diversity
will be taken to be a reference to cultural, linguistic, racial and religious
diversity.
(3) For the purposes of this Act, a reference to
multiculturalism will be taken to be a reference to policies and
practices that recognise and respond to the diversity of the South Australian
community, and that have as their primary objects the creation of conditions
under which all members of the South Australian community, and groups within the
community, may—
(a) live and work together harmoniously; and
(b) fully and effectively participate in, and employ their skills and
talents for the benefit of, the economic, social and cultural life of the State;
and
(c) maintain and give expression to their distinctive cultural
heritages.
(4) For the purposes of this Act, a reference to
interculturalism will be taken to be a reference to policies and
practices that recognise and promote in the community—
(a) a deep understanding of, and respect for, all cultures; and
(b) a dynamic, inclusive interaction between diverse groups within the
community.
Part 2—Parliamentary
declaration
The Parliament of South Australia—
(a) recognises and acknowledges the cultural, linguistic, racial and
religious diversity of the people of South Australia; and
(b) values the richness that such diversity brings to the South Australian
community; and
(c) recognises the valuable contribution of South Australians from diverse
backgrounds to the State; and
(d) wishes to promote South Australia as a unified, harmonious and
inclusive community.
Part 3—South
Australian Multicultural Commission
5—South
Australian Multicultural Commission
(1) The South Australian Multicultural Commission is
established.
(2) The Multicultural Commission—
(a) is a body corporate with perpetual succession and a common seal;
and
(b) is capable of suing and being sued; and
(c) has the powers of a natural person; and
(d) holds its property on behalf of the Crown.
(3) Where an apparently genuine document purports to bear the common seal
of the Multicultural Commission, it will be presumed in any legal proceedings,
in the absence of proof to the contrary, that the common seal of the
Multicultural Commission has been duly affixed to that document.
(4) Except in relation to the formulation of advice and reports to the
Minister, the Multicultural Commission is subject to the direction and control
of the Minister.
6—Constitution
of Multicultural Commission
(1) The Multicultural Commission consists of up to 15 persons
appointed by the Minister who together have, in the Minister's opinion, the
abilities, knowledge and experience required for the effective performance of
the Multicultural Commission's functions.
(2) In appointing members to the Multicultural Commission, the Minister
should, as far as is reasonably practicable, ensure that the membership of the
Multicultural Commission reflects an appropriate diversity of cultural
backgrounds and gender, and should have regard to—
(a) the knowledge; and
(b) the sensitivity; and
(c) the enthusiasm and personal commitment; and
(d) the experience and involvement with culturally diverse
groups,
of each person to be so appointed.
(3) The members of the Multicultural Commission must include at least
1 woman and 1 man.
(4) A member of the Multicultural Commission will be appointed for a term
not exceeding 3 years and on conditions determined by the Minister and
specified in the instrument of appointment.
(5) A member of the Multicultural Commission will, at the expiration of a
term of appointment, be eligible for reappointment (however, a member cannot
hold office for more than 3 consecutive terms).
(6) The Minister
may remove a member from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of the member's
office satisfactorily; or
(c) for contravention of a condition of the member's appointment;
or
(d) for dishonourable conduct; or
(e) if the member has, without leave of the Multicultural Commission, been
absent from 4 consecutive meetings of the Multicultural
Commission.
(7) The Minister may
remove all members of the Multicultural Commission from office if, in the
opinion of the Minister, the Multicultural Commission has failed to carry out
its functions satisfactorily and its membership should, in the opinion of the
Minister, be reconstituted for that reason.
(8) The office of a member of the Multicultural Commission becomes vacant
if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is removed from office under this section.
(9) On the office of a member of the Multicultural Commission becoming
vacant, the Minister may appoint a person to the vacant office (and the person
will hold office for the remainder of the member's term of office).
7—Presiding
member and deputy presiding member
The Minister must appoint a member (the presiding member) to
preside at meetings of the Multicultural Commission and may appoint another
member (the deputy presiding member) to preside at meetings of the
Multicultural Commission in the absence of the presiding member.
8—Meetings
of Multicultural Commission etc
(1) Subject to this Act, a quorum of the Multicultural Commission consists
of one half the total number of its members (ignoring any fraction resulting
from the division) plus 1.
(2) The Multicultural Commission must meet at least 4 times in any
calendar year.
(3) The presiding member will preside at a meeting of the Multicultural
Commission and, in the absence of that person, or, in that member's absence, by
the deputy presiding member (if any) and, in the absence of both the presiding
member and the deputy presiding member (if any), the members present at a
meeting of the Multicultural Commission must choose 1 of their number to
preside at the meeting.
(4) A decision carried by a majority of the votes cast by members of the
Multicultural Commission at a meeting is a decision of the Multicultural
Commission.
(5) Each member present at a meeting of the Multicultural Commission has
1 vote on any question arising for decision (and the member presiding at
the meeting will have a casting vote if the votes are equal).
(6) A conference by
telephone or other electronic means between the members of the Multicultural
Commission will, for the purposes of this section, be taken to be a meeting of
the Multicultural Commission at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the Multicultural Commission for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(7) A proposed
resolution of the Multicultural Commission becomes a valid decision of the
Multicultural Commission despite the fact that it is not voted on at a meeting
of the Multicultural Commission if—
(a) notice of the proposed resolution is given to all members of the
Multicultural Commission in accordance with procedures determined by the
Multicultural Commission; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, email or other written communication setting out the terms
of the resolution.
(8) The Multicultural Commission must have accurate minutes kept of its
meetings.
(9) Subject to this Act and any direction of the Minister, the
Multicultural Commission may determine its own procedures.
A member of the Multicultural Commission is entitled to remuneration,
allowances and expenses determined by the Minister.
The Multicultural Commission has the following functions under this
Act:
(a) to advise the Minister in relation to the operation of this Act, and
multiculturalism generally;
(b) to advise the Minister in relation to the needs, aspirations and
contributions of South Australians from diverse backgrounds;
(c) to increase awareness and understanding of the diversity of the South
Australian community and the implications of that diversity;
(d) to promote unity, understanding and harmony among all
communities;
(e) to raise awareness, and promote understanding, of
interculturalism;
(f) to promote the South Australian Multicultural Charter and the
advantages of a multicultural society;
(g) to undertake such consultation as may required by or under this Act,
or by the Minister;
(h) to keep under review and report on the extent to which government
funded services and programs are achieving and furthering the purposes of this
Act;
(i) such other functions as may be assigned to the Multicultural
Commission under this or any other Act, or by the Minister.
(1) The Multicultural Commission may delegate a function or power of the
Multicultural Commission under this Act—
(a) to a specified person or body; or
(b) to a person for the time being occupying a specified office or
position.
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) must be made by instrument in writing; and
(b) may be made subject to conditions specified in the instrument of
delegation; and
(c) is revocable at will and does not prevent the delegator from acting in
a matter.
(1) The Multicultural Commission may, with the approval of the Minister,
establish committees—
(a) to advise the Multicultural Commission; or
(b) to carry out functions on behalf of the Multicultural
Commission.
(2) The membership of a committee will be determined by the Multicultural
Commission and may, but need not, consist of, or include, members of the
Multicultural Commission.
(3) The Multicultural Commission will determine who will be the presiding
member of a committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined
by the Multicultural Commission; and
(b) insofar as a procedure is not determined under
paragraph (a)
—as determined by the committee.
13—Conflict
of interest under Public Sector (Honesty and Accountability)
Act
A member of the Multicultural Commission will not be taken to have a direct
or indirect interest in a matter for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
by reason only of the fact that the member has an interest in the matter
that is shared in common with people from a particular cultural group generally
or a substantial section of such people in this State.
(1) The Multicultural Commission must, on or before 31 October in
each year, report to the Minister on the operations of the Multicultural
Commission during the preceding financial year.
(2) The Minister must, within 6 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
(3) A report under this section may be combined with the annual report of
the administrative unit of the Public Service that is, under a Minister,
responsible for the administration of this Act.
15—Use
of staff etc of Public Service
The Multicultural Commission may, by agreement with the Chief Executive of
an administrative unit of the Public Service, make use of the services of the
staff, equipment or facilities of that administrative unit.
16—Principles
guiding consultation under Act
(1) In undertaking consultation for the purposes of this Act, the
Multicultural Commission must—
(a) establish and maintain processes to ensure the participation of South
Australians from diverse backgrounds in the consultation; and
(b) comply with any other requirement of the Minister in respect of a
particular consultation; and
(c) comply with any other requirements set out in the regulations for the
purposes of this paragraph.
(2) Nothing in this section prevents the Minister from directing the
Multicultural Commission to undertake consultation in a specified matter in
accordance with the directions of the Minister (and, in such a case, this
section will be taken not to apply to the extent of any inconsistency with the
Minister's directions).
17—Multicultural
Commission to provide report to Minister etc
(1) The Multicultural
Commission must, at the request of the Minister, provide a report to the
Minister on the performance of its functions or on any other matter specified by
the Minister.
(2) A report under
subsection (1)
must be provided in the form, and within the period, specified by the
Minister.
(3) Without
limiting
subsection (1)
, the Multicultural Commission may prepare and provide to the Minister such
other reports on matters related to the functions of the Multicultural
Commission under this Act as the Multicultural Commission considers
appropriate.
(4) The Minister must, within 6 sitting days after receiving a report
under this section, cause a copy of the report to be laid before both Houses of
Parliament.
Part 4—South
Australian Multicultural Charter
18—South
Australian Multicultural Charter
(1) The Minister must, in consultation with the Multicultural Commission,
prepare and maintain the South Australian Multicultural Charter.
(2) The Charter must contain the following provisions:
(a) provisions setting out the principles of multiculturalism in relation
to South Australia;
(b) provisions recognising the Aboriginal peoples of South Australia and
their role in the diversity of the people of South Australia;
(c) such other provisions as may be required by the regulations,
and may contain any other provisions as the Minister thinks
appropriate.
(3) The Minister—
(a) may vary or substitute the Charter from time to time; and
(b) must review the Charter at least every 5 years.
(4) In preparing,
varying or substituting the Charter, the Minister—
(a) must, after consultation with the Multicultural Commission, prepare a
draft version of the Charter or variation and publish the draft Charter on a
website determined by the Minister; and
(b) invite submissions on the draft Charter with a view to obtaining a
wide range of views in relation to the matters under consideration;
and
(c) cause the Multicultural Commission to undertake consultation in
accordance with this Act in relation to the draft Charter or variation;
and
(d) comply with any other requirements set out in the regulations for the
purposes of this subsection.
(5) The Minister must, once the requirements under
subsection (4)
have been met, cause the Charter, or the Charter as varied (as the case
requires)—
(a) to be published in the Gazette; and
(b) to be published on a website determined by the Minister.
(6) The Charter, as varied from time to time, has effect from the day on
which it is published in the Gazette.
(7) The Minister must, within 6 sitting days after the Charter, as
varied from time to time, is published in the Gazette, cause a copy of the
Charter, or the Charter as varied, (as the case requires) to be laid before both
Houses of Parliament.
(8) The Charter is an expression of policy and does not create legally
enforceable rights or entitlements.
19—Statutory
duty of State authorities in respect of Charter
(1) Every State
authority must, in carrying out its functions or exercising its powers, have
regard to, and seek to give effect to, the South Australian Multicultural
Charter.
(2) A State authority will be taken not to be in breach of
subsection (1)
if the State authority is acting—
(a) in accordance with a requirement under this or any other Act;
or
(b) in circumstances prescribed by the regulations.
(3) A failure by a
State authority to comply with this section does not, of itself, give rise to
any civil liability against the Crown, the State authority or any other
person.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may provide for the exemption of a person, or a class of
persons, from the operation of a specified provision or provisions of this
Act.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; and
(c) make provisions of a saving or transitional nature; and
(d) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of a specified person or
body; and
(e) apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or another specified person or body.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Repeal
and transitional provisions etc
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Repeal of South Australian
Multicultural and Ethnic Affairs Commission
Act 1980
2—Repeal
of South Australian Multicultural and Ethnic
Affairs Commission Act 1980
The
South
Australian Multicultural and Ethnic Affairs Commission
Act 1980
is repealed.
Part 3—Transitional and savings etc
provisions
3—South
Australian Multicultural and Ethnic Affairs Commission
dissolved
(1) The South Australian Multicultural and Ethnic Affairs Commission is
dissolved on the day on which
clause 2
of this Schedule comes into operation.
(2) Any rights, assets and liabilities of the South Australian
Multicultural and Ethnic Affairs Commission will, by force of this subclause,
vest in the Minister on the day on which
clause 2
of this Schedule comes into operation.