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PARLIAMENT OF VICTORIA
Multicultural Victoria Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1 Purposes 2
2 Commencement 3
3 Definitions 3
PART 2--PRINCIPLES OF MULTICULTURALISM 5
4 Principles of multiculturalism 5
5 Effect of this Part 6
PART 3--VICTORIAN MULTICULTURAL COMMISSION 7
6 Victorian Multicultural Commission 7
7 Objectives of the Commission 7
8 Functions of the Commission 8
9 Powers of the Commission 9
10 Commission represents the Crown 9
11 Commission subject to directions of the Minister 9
12 Members of the Commission 10
13 Validity of decisions 11
14 Chairperson of the Commission 12
15 Staff of the Commission 12
16 Deputy Chairperson of the Commission 13
17 Acting Chairperson of the Commission 13
18 When the Commission is to meet 13
19 Procedure at meetings 13
20 Delegation 14
21 Annual report 14
PART 4--REGIONAL ADVISORY COUNCILS 16
22 Establishment of regional advisory councils 16
23 Function of regional advisory councils 16
24 Constitution of regional advisory councils 16
571011B.I-22/3/2011 i BILL LA INTRODUCTION 22/3/2011
Clause Page
PART 5--REPORTING REQUIREMENTS OF THE
COMMISSION 17
25 Reporting by the Commission 17
PART 6--REPORTING REQUIREMENTS OF GOVERNMENT
DEPARTMENTS AND MINISTERS 18
26 Reporting requirements of Government Departments 18
27 Minister may require additional information 19
28 Reporting requirements of Minister 19
PART 7--MISCELLANEOUS 20
29 Regulations 20
30 Repeal of former Act 20
31 Transitional provisions 20
ENDNOTES 22
571011B.I-22/3/2011 ii BILL LA INTRODUCTION 22/3/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Multicultural Victoria Bill 2011
A Bill for an Act to repeal and re-enact with amendments the
Multicultural Victoria Act 2004 and for other purposes.
Preamble
(1) The Parliament recognises and values the
cultural, religious, racial and linguistic
diversity of the people of Victoria.
(2) The Parliament further recognises that one of
the central tenets of multiculturalism is
citizenship and that the expression
citizenship is not limited to formal Australian
citizenship, but refers to the rights and
responsibilities of all people in a
multicultural society.
(3) The Parliament wishes to promote Victoria
as a united community with shared laws,
values, aspirations and responsibilities within
which people from a diversity of
backgrounds have--
571011B.I-22/3/2011 1 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
s. 1
(a) the freedom and opportunity to
preserve and express their cultural
heritage; and
(b) the freedom and opportunity to
participate and contribute to the social,
cultural, economic and political life of
Victoria; and
(c) equal rights and responsibilities under
the laws of Victoria.
The Parliament of Victoria therefore enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to--
(a) establish the principles of multiculturalism;
5 and
(b) provide for the establishment of the
Victorian Multicultural Commission; and
(c) provide for the establishment of regional
advisory councils; and
10 (d) establish reporting requirements for the
Victorian Multicultural Commission; and
(e) establish reporting requirements for
government departments in relation to
multicultural affairs; and
15 (f) repeal and re-enact with amendments the
Multicultural Victoria Act 2004 and make
necessary transitional provisions.
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Multicultural Victoria Bill 2011
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 February 2012, it comes into
operation on that day.
3 Definitions
(1) In this Act--
Acting Chairperson means a member of the
10 Commission appointed to act as the
Chairperson under section 17;
Chairperson means the member of the
Commission appointed to be the Chairperson
of the Commission under section 14;
15 Commission means the Victorian Multicultural
Commission established by section 6;
Councillor has the same meaning as in the Local
Government Act 1989;
Department has the same meaning as in the
20 Public Administration Act 2004;
Department Head has the same meaning as in the
Public Administration Act 2004;
Deputy Chairperson means the member of the
Commission appointed to be the Deputy
25 Chairperson of the Commission under
section 16;
diverse means culturally, religiously, racially and
linguistically diverse;
diversity means cultural, religious, racial and
30 linguistic diversity;
electorate officer means a person employed as an
electorate officer under Part 4 of the
Parliamentary Administration Act 2005;
571011B.I-22/3/2011 3 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 1--Preliminary
s. 3
Ministerial officer means a person employed as a
Ministerial officer under Division 1 of Part 6
of the Public Administration Act 2004;
Parliamentary adviser means a person employed
5 as a Parliamentary adviser under Division 2
of Part 6 of the Public Administration Act
2004;
regional advisory council means a regional
advisory council established under
10 section 22.
(2) A reference in sections 12, 18 and 19 to
Chairperson includes a reference to Acting
Chairperson.
__________________
571011B.I-22/3/2011 4 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 2--Principles of Multiculturalism
s. 4
PART 2--PRINCIPLES OF MULTICULTURALISM
4 Principles of multiculturalism
(1) The Parliament recognises that the people of
Victoria are united in their shared commitment
5 to--
(a) a democratic framework governed by the
rule of law; and
(b) Victoria and Australia and to the people,
interests and future of Victoria and Australia.
10 (2) The Parliament further recognises that all
Victorians come from diverse backgrounds and
values the richness that such diversity brings to
the Victorian community.
(3) The Parliament supports the rights and
15 responsibilities of citizenship to which subsection
(1) refers and promotes the diversity to which
subsection (2) refers by recognising the following
principles of multiculturalism--
(a) all individuals in Victoria are entitled to
20 mutual respect and understanding regardless
of their diverse backgrounds;
(b) all individuals and institutions in Victoria
should promote and preserve diversity within
the context of shared laws, values,
25 aspirations and responsibilities;
(c) all individuals in Victoria (regardless of
background) have shown that they can work
together to build a positive and progressive
future and this co-operation is to be
30 encouraged so as to enhance Victoria as a
great place in which to live;
(d) all individuals in Victoria are equally entitled
to access opportunities and participate in and
contribute to the social, cultural, economic
35 and political life of the State;
571011B.I-22/3/2011 5 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 2--Principles of Multiculturalism
s. 5
(e) all individuals in Victoria have a
responsibility to abide by the State's laws
and respect the democratic processes under
which those laws are made;
5 (f) all individuals in Victoria should be united in
a shared commitment to Australia and to
community service;
(g) all individuals and institutions should
recognise Victoria's diversity as an asset and
10 a valuable resource benefiting Australia.
(4) The Parliament further recognises that Victoria's
diversity should be reflected in a whole of
government approach to policy development,
implementation and evaluation.
15 (5) It is the intention of the Parliament that this Act is
to be administered and interpreted having regard
to the principles of multiculturalism set out in
subsection (3).
5 Effect of this Part
20 The Parliament does not intend by this Part to
create in any person any legal right or to give rise
to any civil cause of action.
__________________
571011B.I-22/3/2011 6 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 6
PART 3--VICTORIAN MULTICULTURAL COMMISSION
6 Victorian Multicultural Commission
(1) The Victorian Multicultural Commission is
established.
5 (2) The Commission is to adopt the phrase
"strengthening our community" for use in
conjunction with the name of the Commission.
7 Objectives of the Commission
The objectives of the Commission are to--
10 (a) promote full participation by Victoria's
diverse communities in the social, cultural,
economic and political life of Victoria; and
(b) promote access by Victoria's diverse
communities to services made available by
15 governments and other bodies; and
(c) encourage all of Victoria's diverse
communities to retain and express their
social identity and cultural inheritance and to
promote mutual respect; and
20 (d) promote co-operation between bodies
concerned with multicultural affairs and
diversity; and
(e) promote unity, understanding and harmony
among Victoria's diverse communities; and
25 (f) promote a better understanding of Victoria's
diverse communities; and
(g) promote interaction between individuals and
communities from diverse backgrounds; and
(h) promote the social, cultural and economic
30 benefits of diversity; and
571011B.I-22/3/2011 7 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 8
(i) promote the rights and responsibilities of
citizenship as a unifying force that
strengthens our diverse multicultural
community; and
5 (j) promote community service as a principle
that builds a stronger society.
8 Functions of the Commission
The functions of the Commission are to--
(a) ensure that the objectives of the Commission
10 are met to the maximum extent that is
practicable; and
(b) research, report and advise the Minister on
systemic community issues relating to the
objectives of the Commission--
15 (i) that are identified by regional advisory
councils or through other community
consultation; or
(ii) that relate to the adequacy of
government services, settlement
20 support or service delivery for diverse
communities; and
(c) investigate, report and make
recommendations to the Minister on any
aspect of multicultural affairs referred to it
25 by the Minister; and
(d) advise the Minister on factors inhibiting the
development of harmonious community
relations and on barriers to the participation
of Victoria's diverse communities in the
30 social, cultural, economic and political life of
Victoria; and
571011B.I-22/3/2011 8 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 9
(e) undertake systematic and wide-ranging
consultation with bodies and people to--
(i) determine the needs of Victoria's
diverse communities, including any
5 needs covered by a report prepared by
the Minister under section 28; and
(ii) promote the objectives of the
Commission; and
(f) develop and maintain partnerships between
10 community organisations in providing
assistance in settlement support and service
delivery for diverse communities; and
(g) develop and maintain harmonious
community relations between all relevant
15 groups in the context of Victoria's diverse
communities.
9 Powers of the Commission
(1) Subject to subsection (2), the Commission has
power to do all things necessary or convenient to
20 be done for, or in connection with, carrying out its
objectives and performing its functions.
(2) The Chairperson may enter into contracts or
agreements on behalf of the Commission for, or in
connection with, carrying out the objectives or
25 performing the functions of the Commission.
10 Commission represents the Crown
In performing its functions and exercising its
powers, the Commission represents the Crown.
11 Commission subject to directions of the Minister
30 (1) The Minister may give written directions to the
Commission in relation to the performance of its
functions, other than the function set out in
section 8(b).
571011B.I-22/3/2011 9 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 12
(2) The Commission must comply with any directions
given to it under subsection (1).
12 Members of the Commission
(1) The Commission consists of--
5 (a) a Chairperson; and
(b) a Deputy Chairperson; and
(c) a member who is a youth representative,
being a person who is aged at least 18 years
but no more than 24 years at the time of his
10 or her appointment; and
(d) a member who is a representative of a
community organisation; and
(e) eight other members.
(2) Members are to be appointed by the Governor in
15 Council on the recommendation of the Minister.
(3) In recommending a person for appointment as a
member, the Minister must have regard to the
desirability of having people of diverse
backgrounds on the Commission, as well as
20 people of different occupational and social
backgrounds, including people who normally
reside in different parts of the State.
(4) The following persons may not be recommended
for appointment as a member--
25 (a) a member of the Parliament of Victoria;
(b) a Councillor;
(c) an electorate officer;
(d) a Ministerial officer;
(e) a Parliamentary adviser.
571011B.I-22/3/2011 10 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 13
(5) A member of the Commission--
(a) holds office for the term, not exceeding
4 years, that is specified in his or her
instrument of appointment; and
5 (b) must be appointed on a part-time basis unless
appointed as the Chairperson; and
(c) is eligible for re-appointment to a second or
third term; and
(d) may be removed from office at any time by
10 the Governor in Council on the
recommendation of the Minister.
(6) A member--
(a) is, in respect of his or her office as a
member, subject to the Public
15 Administration Act 2004 (other than Part 3
of that Act); and
(b) holds office on the terms and conditions
specified in his or her instrument of
appointment; and
20 (c) may resign from office by delivering a
signed letter of resignation to the Minister.
(7) The office of a member becomes vacant if he or
she fails, without giving prior notice to the
Chairperson, to attend 3 consecutive meetings of
25 the Commission of which he or she has received
notice.
13 Validity of decisions
An act or decision of the Commission is not
invalid merely because of--
30 (a) a defect or irregularity in, or in connection
with, the appointment of a member of the
Commission; or
571011B.I-22/3/2011 11 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 14
(b) a vacancy in the membership of the
Commission.
14 Chairperson of the Commission
(1) The Governor in Council, on the recommendation
5 of the Minister, must appoint one of the members
of the Commission to be the Chairperson of the
Commission.
(2) The Governor in Council must appoint the
Chairperson to act on a full-time basis.
10 (3) The Chairperson must not directly or indirectly
engage in any other paid employment or carry on
a business, profession or trade without the consent
of the Minister.
15 Staff of the Commission
15 (1) There may be employed under Part 3 of the
Public Administration Act 2004 any persons that
are necessary for the purposes of performing the
functions of the Commission.
(2) For the purposes of subsection (1), the
20 Chairperson has the functions of a public service
body Head in relation to persons employed for the
purposes of performing the functions of the
Commission.
(3) For the purposes of this section, sections 15
25 and 20 of the Public Administration Act 2004
apply as if any reference in those sections to--
(a) a public service body or the public service
were a reference to the Commission; and
(b) a public service body Head were a reference
30 to the Chairperson.
(4) In this section--
public service body Head has the same meaning
as in the Public Administration Act 2004.
571011B.I-22/3/2011 12 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 16
16 Deputy Chairperson of the Commission
The Governor in Council, on the recommendation
of the Minister, must appoint one of the members
of the Commission to be the Deputy Chairperson
5 of the Commission.
17 Acting Chairperson of the Commission
(1) The Minister may appoint a member of the
Commission to act as the Chairperson during a
vacancy in the office of the Chairperson.
10 (2) An Acting Chairperson is appointed for the
period, not exceeding 3 months, specified in his or
her instrument of appointment as the Acting
Chairperson.
(3) An Acting Chairperson is subject to the terms and
15 conditions specified in his or her instrument of
appointment as the Acting Chairperson.
18 When the Commission is to meet
(1) The Chairperson must ensure that there are at least
6 meetings of the Commission each year.
20 (2) The dates of meeting are to be determined by the
Chairperson.
(3) The Chairperson must also convene a meeting of
the Commission within 3 days of any date asked
for in writing by more than half of its members.
25 19 Procedure at meetings
(1) The Chairperson or, in his or her absence, the
Deputy Chairperson or, in the absence of both the
Chairperson and Deputy Chairperson, a member
of the Commission elected by the members
30 present at the meeting, must preside at a meeting
of the Commission.
(2) The quorum for a meeting of the Commission is
half of the members for the time being.
571011B.I-22/3/2011 13 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 20
(3) A question arising at a meeting of the
Commission is determined by a majority of the
votes of the members present and voting on the
question.
5 (4) The person presiding at a meeting has a
deliberative vote and, in the event of an equal
number of votes on any question, a second or
casting vote.
(5) The person presiding at a meeting must ensure
10 that the decisions made at the meeting are
recorded in writing.
(6) The Chairperson must ensure that a copy of any
such decisions are given to the Minister within
14 days after the meeting.
15 (7) Subject to this Act, the Commission may regulate
its own procedure.
20 Delegation
The Commission may, by instrument, delegate to
a member or to 2 or more members any of its
20 powers in relation to--
(a) a matter initiated by the Commission under
section 8(b); or
(b) a matter referred to the Commission by the
Minister under section 8(c).
25 21 Annual report
(1) On or before 30 September each year the
Commission must submit to the Minister a report
of its operations for the year ending on 30 June
that year.
30 (2) The report must also contain any information
relating to the Commission's objectives or
functions specifically requested by the Minister.
571011B.I-22/3/2011 14 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 3--Victorian Multicultural Commission
s. 21
(3) The Minister must cause each annual report
submitted to him or her under this section to be
laid before each House of Parliament within
7 sitting days after receiving it.
__________________
571011B.I-22/3/2011 15 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 4--Regional Advisory Councils
s. 22
PART 4--REGIONAL ADVISORY COUNCILS
22 Establishment of regional advisory councils
(1) The Commission is to establish 8 regional
advisory councils for regional areas of the State.
5 (2) The Minister must, by notice published in the
Government Gazette, declare the establishment of
a regional advisory council.
(3) A declaration under subsection (2) must specify--
(a) the name of the regional advisory council;
10 and
(b) by means of a description, map or other
document, the regional area of the State to be
covered by the regional advisory council.
(4) The regional areas of the State covered by each
15 regional advisory council must not overlap.
(5) The regional areas covered by all of the regional
advisory councils must cover the whole of the
State.
23 Function of regional advisory councils
20 The function of regional advisory councils is to
provide advice to the Commission on matters
relating to the objectives and functions of the
Commission.
24 Constitution of regional advisory councils
25 A regional advisory council is to consist of--
(a) a member of the Commission referred to in
section 12(1)(e), who is to preside over the
regional advisory council; and
(b) volunteers drawn from the regional area of
30 the State covered by the regional advisory
council.
__________________
571011B.I-22/3/2011 16 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 5--Reporting Requirements of the Commission
s. 25
PART 5--REPORTING REQUIREMENTS OF THE
COMMISSION
25 Reporting by the Commission
(1) The Commission must prepare and submit to the
5 Minister a report on--
(a) a matter initiated by the Commission under
section 8(b); or
(b) a matter referred to the Commission by the
Minister under section 8(c) within the time
10 specified by the Minister.
(2) Department Heads must ensure that every
reasonable effort is made to assist the Commission
with respect to a report prepared under subsection
(1), including providing any non-identifying
15 information the Commission requires for that
report.
(3) Department Heads must not provide any
identifying information to the Commission for the
purposes of this section.
20 (4) In this section--
identifying information means information--
(a) that identifies any person or discloses
their address or location; or
(b) from which any person's identity,
25 address or location could reasonably be
determined.
__________________
571011B.I-22/3/2011 17 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 6--Reporting Requirements of Government Departments and Ministers
s. 26
PART 6--REPORTING REQUIREMENTS OF GOVERNMENT
DEPARTMENTS AND MINISTERS
26 Reporting requirements of Government
Departments
5 As soon as practicable after the end of each
financial year, each Department Head must
prepare and submit to the Minister a report on--
(a) the use of interpreting and translating
services by the Department during the
10 financial year; and
(b) communications in languages other than
English and communications in the
multicultural media made by the Department
during the financial year; and
15 (c) any major improvements made, or initiatives
developed, by the Department during the
financial year that promote multiculturalism
in Victoria and meet the identified needs of
Victoria's diverse communities, including the
20 identified needs of youth, older persons and
women within these communities; and
(d) the extent to which people from diverse
backgrounds were represented during the
financial year on boards and committees
25 established by the Department or for which
the Department is administratively
responsible; and
(e) the Department's progress under its cultural
diversity plan (by whatever name called) to
30 address provision for culturally sensitive
service delivery to Victoria's communities;
and
(f) any initiatives developed by the Department
that meet the identified needs of diverse
35 communities in regional and rural areas of
Victoria; and
571011B.I-22/3/2011 18 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 6--Reporting Requirements of Government Departments and Ministers
s. 27
(g) any measures taken by the Department to
promote human rights in accordance with the
Charter of Human Rights and
Responsibilities Act 2006 for diverse
5 communities.
27 Minister may require additional information
The Minister may in writing at any time direct a
Department Head--
(a) to include in a report under section 26; or
10 (b) otherwise to provide the Minister with--
any additional information that the Minister
considers appropriate and is relevant to his or her
reporting requirements under section 28.
28 Reporting requirements of Minister
15 (1) The Minister must cause to be prepared in respect
of each financial year a report consolidating
information submitted to him or her by
Department Heads in respect of that year under
section 26.
20 (2) The Minister must cause the report prepared under
subsection (1) in respect of a financial year to be
laid before each House of Parliament before the
end of the following financial year.
__________________
571011B.I-22/3/2011 19 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 7--Miscellaneous
s. 29
PART 7--MISCELLANEOUS
29 Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
5 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
30 Repeal of former Act
See: The Multicultural Victoria Act 2004 is
Act No.
10 100/2004 repealed.
and
amending
Act Nos
108/2004,
80/2006 and
80/2008.
LawToday:
www.
legislation.
vic.gov.au
31 Transitional provisions
(1) In this section--
former Act means the Multicultural Victoria Act
2004;
15 former Commission means the Victorian
Multicultural Commission established by
section 6 of the Multicultural Victoria Act
2004;
new Commission means the Victorian
20 Multicultural Commission established by
section 6 of this Act.
(2) On the commencement of this Act--
(a) the former Commission is abolished and its
members go out of office as members;
571011B.I-22/3/2011 20 BILL LA INTRODUCTION 22/3/2011
Multicultural Victoria Bill 2011
Part 7--Miscellaneous
s. 31
(b) all rights, property and assets that
immediately before that commencement
were vested in the former Commission are
vested in the new Commission;
5 (c) all debts, liabilities and obligations of the
former Commission existing immediately
before that commencement become debts,
liabilities and obligations of the new
Commission;
10 (d) the new Commission is substituted as a party
to any proceeding pending in any court or
tribunal to which the former Commission
was a party immediately before that
commencement;
15 (e) the new Commission is substituted as a party
to any arrangement or contract entered into
by or on behalf of the former Commission as
a party and in force immediately before that
commencement;
20 (f) any reference to the former Commission in
any Act (other than this Act) or in any rule,
regulation, order, agreement, instrument,
deed or other document whatever must, so
far as it relates to any period on or after that
25 commencement and if not inconsistent with
the context or subject matter, be taken to be a
reference to the new Commission.
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Multicultural Victoria Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571011B.I-22/3/2011 22 BILL LA INTRODUCTION 22/3/2011
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