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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Centre for Social Cohesion
Bill 2015
No. , 2015
(Senator Milne)
A Bill for an Act to establish the Australian Centre
for Social Cohesion, and for related purposes
No. , 2015
Australian Centre for Social Cohesion Bill 2015
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................. 2
4
Constitutional basis ............................................................................ 3
5
Definitions ......................................................................................... 3
Part 2--Australian Centre for Social Cohesion
5
Division 1--Simplified outline
5
6
Simplified outline .............................................................................. 5
Division 2--Establishment
6
7
Establishment ..................................................................................... 6
Division 3--Functions and powers of the Director
7
8
Functions and powers ........................................................................ 7
9
Independence of the Director ............................................................. 8
Part 3--Appointments and staffing
9
Division 1--Simplified outline
9
10
Simplified outline .............................................................................. 9
Division 2--The Director
10
11
Appointment .................................................................................... 10
12
Term of appointment ....................................................................... 10
13
Remuneration and allowances ......................................................... 10
14
Leave of absence .............................................................................. 10
15
Outside employment ........................................................................ 11
16
Disclosure of interests to the Minister ............................................. 11
17
Other terms and conditions .............................................................. 11
18
Resignation ...................................................................................... 11
19
Termination of appointment ............................................................ 11
20
Acting Director ................................................................................ 12
Division 3--Deputy Directors
13
21
Appointment of deputy Directors .................................................... 13
Division 4--Staff, consultants and delegations
14
22
Staff ................................................................................................. 14
23
Consultants ...................................................................................... 14
24
Delegation ........................................................................................ 14
ii
Australian Centre for Social Cohesion Bill 2015
No. , 2015
Part 4--Miscellaneous
15
25
Simplified outline ............................................................................ 15
26
Protection from criminal or civil actions ......................................... 15
27
Rule-making power.......................................................................... 15
No. , 2015
Australian Centre for Social Cohesion Bill 2015
1
A Bill for an Act to establish the Australian Centre
1
for Social Cohesion, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Australian Centre for Social Cohesion
7
Act 2015.
8
Part 1 Preliminary
Section 2
2
Australian Centre for Social Cohesion Bill 2015
No. , 2015
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
27
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the Australian Centre for Social Inclusion.
14
The Director of the Centre has functions relating to improving
15
social cohesion and preventing violent extremism. The Director
16
must, in performing these functions, engage in public consultation
17
and actively involve relevant communities in decisions that affect
18
them.
19
Preliminary Part 1
Section 4
No. , 2015
Australian Centre for Social Cohesion Bill 2015
3
4 Constitutional basis
1
Without limiting its effect apart from this section, this Act also has
2
the effect it would have if the powers and functions of the Centre
3
were confined to powers and functions that were to be exercised
4
and performed:
5
(a) in so far as it is appropriate for those powers and functions to
6
be exercised and performed by the Centre on behalf of the
7
Government of the Commonwealth as the national
8
Government of Australia; and
9
(b) for purposes for which it is appropriate for the Parliament, as
10
the national Parliament of Australia, to authorise the Centre
11
to exercise powers and perform functions; and
12
(c) in relation to the collection of statistics; and
13
(d) in relation to external affairs; and
14
(e) in relation to a Territory; and
15
(f) in relation to the executive power of the Commonwealth; and
16
(g) in relation to matters incidental to the execution of any of the
17
legislative powers of the Parliament or the executive power
18
of the Commonwealth.
19
5 Definitions
20
In this Act:
21
Centre means the Australian Centre for Social Cohesion
22
established by section 7.
23
deputy Director means a deputy Director of the Centre appointed
24
under section 21.
25
Director means the Director of the Centre appointed under
26
section 11.
27
enactment means an Act or an instrument made under an Act, and
28
includes any other legislation applied as a law of the
29
Commonwealth to the extent that it operates as such a law.
30
rules means the rules made under section 27.
31
Part 1 Preliminary
Section 5
4
Australian Centre for Social Cohesion Bill 2015
No. , 2015
staff of the Centre means the staff engaged under section 22.
1
Australian Centre for Social Cohesion Part 2
Simplified outline Division 1
Section 6
No. , 2015
Australian Centre for Social Cohesion Bill 2015
5
Part 2--Australian Centre for Social Cohesion
1
Division 1--Simplified outline
2
6 Simplified outline
3
The Centre is established under the Public Governance,
4
Performance and Accountability Act 2013.
5
The Director of the Centre has functions relating to improving
6
social cohesion and preventing violent extremism.
7
The Director is independent, and not subject to direction.
8
Part 2 Australian Centre for Social Cohesion
Division 2 Establishment
Section 7
6
Australian Centre for Social Cohesion Bill 2015
No. , 2015
Division 2--Establishment
1
7 Establishment
2
(1) The Australian Centre for Social Cohesion (the Centre) is
3
established by this section.
4
(2) The Centre consists of:
5
(a) a Director; and
6
(b) any deputy Directors; and
7
(c) the staff of the Centre.
8
(3) The function of the Centre is to assist the Director in the
9
performance of his or her functions and the exercise of his or her
10
powers.
11
(4) For the purposes of the finance law (within the meaning of the
12
Public Governance, Performance and Accountability Act 2013):
13
(a) the Centre is a listed entity; and
14
(b) the Director is the accountable authority of the Centre; and
15
(c) the following persons are officials of the Centre:
16
(i) the Director;
17
(ii) the Deputy Director;
18
(iii) the staff of the Centre; and
19
(d) the purposes of the Centre include the functions of the
20
Director referred to in section 8.
21
Australian Centre for Social Cohesion Part 2
Functions and powers of the Director Division 3
Section 8
No. , 2015
Australian Centre for Social Cohesion Bill 2015
7
Division 3--Functions and powers of the Director
1
8 Functions and powers
2
(1) The Director has the following functions:
3
(a) to bring together government bodies, law enforcement
4
agencies, members of the public, academics, researchers and
5
former extremists to:
6
(i) distribute emerging knowledge and foster dialogue
7
around issues relating to violent extremism in Australia;
8
and
9
(ii) develop policy responses to build resilient and cohesive
10
communities;
11
(b) to foster the capacity of individuals, organisations and
12
governments to achieve policy objectives relating to
13
improving social cohesion and preventing violent extremism;
14
(c) to undertake research and educational programs and other
15
programs, on behalf of the Commonwealth, for the purpose
16
of improving social cohesion and preventing violent
17
extremism, and to coordinate any such programs undertaken
18
by any other persons or authorities on behalf of the
19
Commonwealth;
20
(d) to examine enactments, and (when requested to do so by the
21
Minister) proposed enactments, for the purpose of evaluating
22
their effect or likely effect in relation to improving social
23
cohesion and preventing violent extremism, and to report to
24
the Minister the results of any such examination;
25
(e) to promote the public discussion of ways of improving social
26
cohesion and preventing violent extremism in Australia;
27
(f) on his or her own initiative or when requested by the
28
Minister, to report to the Minister as to the laws that should
29
be made by the Parliament, or action that should be taken by
30
the Commonwealth, to improve social cohesion or prevent
31
violent extremism;
32
(g) to report to the Parliament on any matter related to his or her
33
functions;
34
Part 2 Australian Centre for Social Cohesion
Division 3 Functions and powers of the Director
Section 9
8
Australian Centre for Social Cohesion Bill 2015
No. , 2015
(h) to undertake any other function conferred by this Act or any
1
other law of the Commonwealth;
2
(i) to do anything incidental or conducive to the performance of
3
any of the above functions.
4
(2) In the performance of his or her functions, the Director is to:
5
(a) engage in public consultation and have regard to the results
6
of such consultation; and
7
(b) actively involve relevant communities in decisions that affect
8
them.
9
(3) The Director has the power to do all things that are necessary or
10
convenient to be done for or in connection with the performance of
11
his or her functions.
12
9 Independence of the Director
13
The Director is not subject to direction from anyone in relation to
14
the performance of his or her functions or the exercise of his or her
15
powers.
16
Appointments and staffing Part 3
Simplified outline Division 1
Section 10
No. , 2015
Australian Centre for Social Cohesion Bill 2015
9
Part 3--Appointments and staffing
1
Division 1--Simplified outline
2
10 Simplified outline
3
The Centre is established under the Public Governance,
4
Performance and Accountability Act 2013.
5
The Director and any deputy Directors are appointed by the
6
Governor-General.
7
The staff of the Centre are to be engaged under the Public Service
8
Act 1999.
9
Part 3 Appointments and staffing
Division 2 The Director
Section 11
10
Australian Centre for Social Cohesion Bill 2015
No. , 2015
Division 2--The Director
1
11 Appointment
2
(1) The Director is to be appointed by the Governor-General, by
3
written instrument, on a full-time basis.
4
(2) A person may only be appointed as the Director if the Minister is
5
satisfied that the person has appropriate qualifications, knowledge
6
or experience.
7
(3) Whenever a vacancy occurs in the office of Director, an
8
appointment must be made to the office as soon as practicable.
9
12 Term of appointment
10
The Director holds office for the period specified in the instrument
11
of appointment. The period must not exceed 5 years.
12
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
13
1901.
14
13 Remuneration and allowances
15
(1) The Director is to be paid the remuneration that is determined by
16
the Remuneration Tribunal. If no determination of that
17
remuneration by the Tribunal is in operation, the Director is to be
18
paid the remuneration that is prescribed by the rules.
19
(2) The Director is to be paid the allowances that are prescribed by the
20
rules.
21
(3) This section has effect subject to the Remuneration Tribunal Act
22
1973.
23
14 Leave of absence
24
(1) The Director has the recreation leave entitlements that are
25
determined by the Remuneration Tribunal.
26
Appointments and staffing Part 3
The Director Division 2
Section 15
No. , 2015
Australian Centre for Social Cohesion Bill 2015
11
(2) The Minister may grant the Director leave of absence, other than
1
recreation leave, on the terms and conditions as to remuneration or
2
otherwise that the Minister determines.
3
15 Outside employment
4
The Director must not engage in paid employment outside the
5
duties of his or her office without the Minister's approval.
6
16 Disclosure of interests to the Minister
7
(1) The Director must give written notice to the Minister of all
8
interests, pecuniary or otherwise, that the Director has or acquires
9
that conflict or could conflict with the proper performance of the
10
Director's functions.
11
(2) The notice must be given to the Minister as soon as practicable
12
after the Director becomes aware of the potential for conflict of
13
interest.
14
17 Other terms and conditions
15
The Director holds office on the terms and conditions (if any) in
16
relation to matters not covered by this Act that are prescribed by
17
the rules.
18
18 Resignation
19
(1) The Director may resign his or her appointment by giving the
20
Minister a written resignation.
21
(2) The resignation takes effect on the day it is received by the
22
Minister or, if a later day is specified in the resignation, on that
23
later day.
24
19 Termination of appointment
25
The Minister may terminate the appointment of the Director:
26
(a) for misbehaviour; or
27
Part 3 Appointments and staffing
Division 2 The Director
Section 20
12
Australian Centre for Social Cohesion Bill 2015
No. , 2015
(b) if the Director is unable to perform the duties of his or her
1
office because of physical or mental incapacity; or
2
(c) if the Director:
3
(i) becomes bankrupt; or
4
(ii) applies to take the benefit of any law for the relief of
5
bankrupt or insolvent debtors; or
6
(iii) compounds with his or her creditors; or
7
(iv) makes an assignment of his or her remuneration for the
8
benefit of his or her creditors; or
9
(d) if the Director is absent, except on leave of absence, for 14
10
consecutive days or for 28 days in any 12 months; or
11
(e) if the Director engages in paid employment contrary to
12
section 15; or
13
(f) if the Director fails, without reasonable excuse, to comply
14
with section 16.
15
20 Acting Director
16
(1) The Minister may, by written instrument, appoint a person to act as
17
the Director:
18
(a) during a vacancy in the office of the Director (whether or not
19
an appointment has previously been made to the office); or
20
(b) during any period, or during all periods, when the Director:
21
(i) is absent from duty or from Australia; or
22
(ii) is, for any reason, unable to perform the duties of the
23
office.
24
Requirements before appointing a person to act
25
(2) A person may only be appointed to act as the Director if the
26
Minister is satisfied that the person has appropriate qualifications,
27
knowledge or experience.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the Acts Interpretation Act 1901.
30
Appointments and staffing Part 3
Deputy Directors Division 3
Section 21
No. , 2015
Australian Centre for Social Cohesion Bill 2015
13
Division 3--Deputy Directors
1
21 Appointment of deputy Directors
2
(1) The Governor-General may, by written instrument, appoint one or
3
more deputy Directors to assist the Director.
4
(2) The period and terms and conditions of a deputy Director's
5
appointment are as set out in the instrument of appointment.
6
(3) A person may only be appointed as a deputy Director if the
7
Minister is satisfied that the person has appropriate qualifications,
8
knowledge or experience.
9
Part 3 Appointments and staffing
Division 4 Staff, consultants and delegations
Section 22
14
Australian Centre for Social Cohesion Bill 2015
No. , 2015
Division 4--Staff, consultants and delegations
1
22 Staff
2
(1) The staff of the Centre are to be persons engaged under the Public
3
Service Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the Director, the deputy Directors and the staff of the Centre
6
together constitute a Statutory Agency; and
7
(b) the Director is the Head of that Statutory Agency.
8
23 Consultants
9
The Director may, on behalf of the Commonwealth, engage
10
consultants to assist in the performance of the Director's functions
11
and the exercise of the Director's powers.
12
24 Delegation
13
The Director may, by writing, delegate any or all of the Director's
14
functions and powers to:
15
(a) a deputy Director; or
16
(b) an SES employee, or acting SES employee, who is a member
17
of the staff of the Centre.
18
Miscellaneous Part 4
Section 25
No. , 2015
Australian Centre for Social Cohesion Bill 2015
15
Part 4--Miscellaneous
1
2
25 Simplified outline
3
This Part deals with miscellaneous matters.
4
26 Protection from criminal or civil actions
5
(1) No action, suit or proceeding (whether criminal or civil) lies
6
against a protected person in relation to anything done, or omitted
7
to be done, in good faith by the person:
8
(a) in accordance, or purportedly in accordance, with this Act; or
9
(b) in the performance, or purported performance, of the
10
Director's functions; or
11
(c) in the exercise, or purported exercise, of the Director's
12
powers.
13
Note:
This section extends to, for example, a thing done in good faith in
14
accordance with a delegation under section 24.
15
(2) The protected persons are as follows:
16
(a) the Minister;
17
(b) the Director;
18
(c) a deputy Director;
19
(d) a member of the staff of the Centre.
20
27 Rule-making power
21
The Minister may, by legislative instrument, make rules
22
prescribing matters:
23
(a) required or permitted by this Act to be prescribed by the
24
rules; or
25
(b) necessary or convenient to be prescribed for carrying out or
26
giving effect to this Act.
27
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