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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Multicultural Recognition
Bill 2012
Queensland
Multicultural Recognition Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 2 Multicultural Queensland Charter
6 The Multicultural Queensland Charter . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Multicultural Queensland Advisory Council
7 Establishment of Multicultural Queensland Advisory Council . . . 6
8 Functions of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Term of appointment as member . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 4 Responsibilities of the Minister and departments
15 Minister must develop multicultural action plan . . . . . . . . . . . . . . 9
16 Timing of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Report on multicultural action plan . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Chief executives to ensure awareness . . . . . . . . . . . . . . . . . . . . . 10
19 Departments to consider charter . . . . . . . . . . . . . . . . . . . . . . . . . 10
20 Departments' reporting obligations . . . . . . . . . . . . . . . . . . . . . . . 11
21 Action plans for departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 5 Miscellaneous
22 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Multicultural Recognition Bill 2012
Contents
Schedule The Multicultural Queensland Charter . . . . . . . . . . . . . . . . . . 12
Page 2
2012
A Bill
for
An Act to provide for a Multicultural Queensland Charter, a
Multicultural Queensland Advisory Council and a multicultural
action plan and for related purposes
Multicultural Recognition Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Multicultural Recognition Act 4
2012. 5
2 Act binds all persons 6
This Act binds all persons, including the State. 7
3 Purposes of Act 8
The purposes of this Act are-- 9
(a) to recognise the valuable contribution of diverse groups 10
of people to the Queensland community; and 11
(b) to promote Queensland as a united, harmonious and 12
inclusive community by establishing the charter; and 13
(c) to ensure government services are responsive to the 14
diversity of the people of Queensland by-- 15
(i) establishing the council; and 16
(ii) providing for the multicultural action plan; and 17
(iii) requiring that employees of departments be made 18
aware of the charter and the multicultural policy; 19
and 20
(iv) establishing reporting obligations for departments. 21
4 Definitions 22
In this Act-- 23
Page 4
Multicultural Recognition Bill 2012
Part 1 Preliminary
[s 5]
charter means the Multicultural Queensland Charter set out in 1
the schedule. 2
council see section 7. 3
diversity means cultural, linguistic and religious diversity. 4
employees means-- 5
(a) public service employees; and 6
(b) employees appointed under the Ambulance Service Act 7
1991, section 13; and 8
(c) employees appointed under the Fire and Rescue Service 9
Act 1990, section 25; and 10
(d) persons employed under the Hospital and Health 11
Boards Act 2011. 12
multicultural action plan see section 15. 13
multicultural policy means-- 14
(a) the document, published by the department, entitled 15
`Queensland multicultural policy 2011--A multicultural 16
future for all of us'; or 17
Editor's note-- 18
This document is available on the department's website at 19
. 20
(b) another policy about multiculturalism in Queensland 21
approved by the Minister for this Act and published by 22
the department. 23
5 Application of Act 24
(1) This Act does not-- 25
(a) create rights for anyone; or 26
(b) impose legally enforceable obligations on the State, the 27
Minister, a department, a chief executive, a member of 28
the council, a public service employee or anyone else. 29
(2) No provision of this Act creates a civil cause of action based 30
on a contravention of the provision. 31
Page 5
Multicultural Recognition Bill 2012
Part 2 Multicultural Queensland Charter
[s 6]
(3) Failure to comply with this Act does not affect the validity of 1
any decision. 2
(4) If there is a conflict between this Act and another Act that 3
requires an entity to consider principles or comply with 4
requirements in the exercise of the entity's functions or 5
powers, the other Act prevails to the extent of the 6
inconsistency. 7
Part 2 Multicultural Queensland 8
Charter 9
6 The Multicultural Queensland Charter 10
The Multicultural Queensland Charter is set out in the 11
schedule. 12
Part 3 Multicultural Queensland 13
Advisory Council 14
7 Establishment of Multicultural Queensland Advisory 15
Council 16
The Multicultural Queensland Advisory Council (the council) 17
is established. 18
8 Functions of the council 19
(1) The functions of the council are to give advice and make 20
recommendations to the Minister about the following-- 21
(a) encouraging awareness of the charter within the 22
Queensland community; 23
Page 6
Multicultural Recognition Bill 2012
Part 3 Multicultural Queensland Advisory Council
[s 9]
(b) developing and implementing government policies 1
about multiculturalism; 2
(c) how services and programs funded by the Government 3
can accommodate the needs of people from diverse 4
backgrounds; 5
(d) the needs, aspirations and contributions of people from 6
diverse backgrounds. 7
(2) The council may also perform other functions as directed by 8
the Minister. 9
9 Appointment 10
(1) The council consists of the Minister and 11 members 11
appointed by signed notice by the Minister. 12
(2) When appointing members of the council, the Minister must 13
take into account the need for the council to be representative 14
of the diverse groups of people in the Queensland community 15
including people from regional locations. 16
10 Term of appointment as member 17
(1) A member is to be appointed for the term, of no more than 3 18
years, stated in the member's notice of appointment. 19
(2) If a member is reappointed, the total of the member's terms of 20
appointment may not be more than 6 years. 21
11 Chairperson 22
(1) The chairperson of the council is the Minister. 23
(2) The Minister may appoint the Parliamentary Secretary 24
responsible for multicultural affairs to act as the chairperson 25
for any time when the Minister can not perform the functions 26
of the office. 27
(3) If the Parliamentary Secretary can not perform the functions 28
of the office of chairperson under subsection (2), the Minister 29
may appoint a designated person to act as the chairperson for 30
Page 7
Multicultural Recognition Bill 2012
Part 3 Multicultural Queensland Advisory Council
[s 12]
any time when the Minister can not perform the functions of 1
the office. 2
(4) In this section-- 3
appropriately qualified includes having the qualifications, 4
experience or standing appropriate to perform the functions of 5
the office of chairperson. 6
Example of standing for a public service employee-- 7
the employee's classification or level in a department 8
designated person means-- 9
(a) a member of the council; or 10
(b) a member of the Legislative Assembly; or 11
(c) an appropriately qualified public service employee. 12
functions includes powers. 13
12 Vacation of office 14
(1) A member's office becomes vacant if-- 15
(a) the member dies; or 16
(b) the member resigns by signed notice of resignation 17
given to the Minister; or 18
(c) the member's appointment is ended by the Minister. 19
(2) The Minister may end a member's appointment by written 20
notice given to the member if-- 21
(a) in the opinion of the Minister, the member is unable, 22
because of illness or absence from the State, to perform 23
the functions of the office; or 24
(b) in the opinion of the Minister, the member commits 25
misconduct of a kind that could justify dismissal from 26
the public service if the member were a public service 27
employee; or 28
(c) the member is an insolvent under administration within 29
the meaning of the Corporations Act, section 9; or 30
Page 8
Multicultural Recognition Bill 2012
Part 4 Responsibilities of the Minister and departments
[s 13]
(d) the member is absent from 3 consecutive meetings of 1
the council without the council's permission and 2
without reasonable excuse; or 3
(e) in the opinion of the Minister, the member is performing 4
the member's duties carelessly, incompetently or 5
inefficiently. 6
13 General procedure 7
(1) Council meetings are to be held at the times and places the 8
council decides. 9
(2) However, the council must meet at least twice a year. 10
(3) The chairperson may call a council meeting at any time. 11
(4) The chairperson is to preside at all council meetings at which 12
the chairperson is present. 13
(5) If the chairperson is absent, a member chosen by the members 14
present is to preside. 15
(6) The council may conduct its meetings as it considers 16
appropriate. 17
14 Minutes 18
The council must keep a record of the minutes of its meetings 19
and its decisions. 20
Part 4 Responsibilities of the Minister 21
and departments 22
15 Minister must develop multicultural action plan 23
(1) The Minister must develop a plan to implement the principles 24
of the charter and the priorities of the multicultural policy 25
(multicultural action plan). 26
Page 9
Multicultural Recognition Bill 2012
Part 4 Responsibilities of the Minister and departments
[s 16]
(2) The purposes of the multicultural action plan are to-- 1
(a) provide a coordinated whole-of-government approach to 2
developing policies and providing services to people 3
from diverse backgrounds; and 4
(b) ensure each department considers the principles of the 5
charter and the priorities of the multicultural policy 6
when developing policies or providing services. 7
(3) The Minister may determine a set of core outcomes for all 8
departments to achieve as part of the multicultural action plan. 9
16 Timing of plans 10
(1) The Minister must develop and commence the first 11
multicultural action plan under this Act by 1 July 2014. 12
(2) The Minister must develop and commence a further plan at 13
least once every 3 years. 14
17 Report on multicultural action plan 15
The Minister must, as soon as practicable after 3 years has 16
passed from the commencement of each multicultural action 17
plan, table a report in the Legislative Assembly about the 18
implementation of the multicultural action plan. 19
18 Chief executives to ensure awareness 20
The chief executive of a department must ensure employees of 21
the department have an awareness of the charter and the 22
multicultural policy. 23
19 Departments to consider charter 24
The employees of a department must consider the charter 25
when developing policies or providing services of the 26
department. 27
Page 10
Multicultural Recognition Bill 2012
Part 5 Miscellaneous
[s 20]
20 Departments' reporting obligations 1
(1) Each annual report of a department must include a report 2
stating the department's progress in implementing the 3
multicultural action plan for the year to which the report 4
relates. 5
(2) In this section-- 6
annual report see the Financial Accountability Act 2009, 7
schedule 3. 8
21 Action plans for departments 9
(1) A department may develop its own action plan to implement 10
the multicultural action plan. 11
(2) The department's action plan may identify-- 12
(a) how the department will implement key priorities in the 13
multicultural action plan that are the responsibility of 14
that department; and 15
(b) how the department plans to achieve the core set of 16
outcomes mentioned in the multicultural action plan. 17
Part 5 Miscellaneous 18
22 Regulation-making power 19
The Governor in Council may make regulations under this 20
Act. 21
Page 11
Multicultural Recognition Bill 2012
Schedule
Schedule The Multicultural Queensland 1
Charter 2
section 6 3
Because-- 4
the Parliament recognises that our cultural heritage forms an 5
integral part of Queensland's identity and that diversity 6
deepens and enriches our community and provides an 7
invaluable asset for Queensland's future; 8
this Act establishes the following Multicultural 9
Queensland Charter-- 10
1 A shared commitment to-- 11
(a) Queensland and Australia; and 12
(b) a free and democratic society governed by the rule 13
of law; 14
fosters a strong and unified community. 15
2 The people of Queensland come from many diverse 16
backgrounds and have worked, and continue to work, 17
together to build a prosperous, fair and harmonious 18
Queensland. 19
3 The people of Queensland should be able to express, in 20
a lawful way, their diverse backgrounds. 21
4 All people of Queensland should receive equal rights 22
and responsibilities under the law. 23
5 There should be mutual respect and fair treatment 24
among members of the Queensland community. 25
6 There should be equitable access to the services 26
provided or funded by the Government and any 27
impediments to this access should be removed. 28
7 Opportunities should be created that encourage the full 29
participation of people from diverse backgrounds in the 30
Page 12
Multicultural Recognition Bill 2012
Schedule
cultural, economic, political and social life of 1
Queensland. 2
3
Page 13
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