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Stronger Futures in the Northern Territory Bill 2012

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7230

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Stronger Futures in the Northern Territory Bill 2012

 

 

(1)     Clause 3, page 4 (after line 10), insert:

Part 4A—Consultation

Part 4A is about consultation with Aboriginal people in the Northern Territory to enable them to effectively engage in matters affecting them under this Act.

Part 4A requires the Minister to make rules prescribing consultation requirements that must be complied with in making a decision or legislative instrument under this Act that is likely to affect Aboriginal people living in one or more areas in the Northern Territory.

[consultation]

(2)     Clause 4, page 4 (lines 19 to 22), omit the clause, substitute:

4  Objects of this Act

                   The objects of this Act are:

                     (a)  to support Aboriginal people in the Northern Territory to live strong, independent lives, where communities, families and children are safe and healthy; and

                     (b)  to enable Aboriginal people in the Northern Territory to effectively engage in matters affecting them under this Act.

[consultation]

(3)     Clause 27, page 32 (lines 22 and 23), omit subclause (8).

[consultation]

[Amendment (3) will only be moved if amendment (15) on sheet 7221 is not agreed to.]

(4)     Clause 34, page 41 (lines 9 and 10), omit subclause (9).

[consultation]

(5)     Clause 35, page 43 (lines 9 and 10), omit subclause (5).

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(6)     Clause 41, page 50 (lines 12 and 13), omit subclause (3).

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(7)     Page 94 (after line 15), after Part 4, insert:

Part 4A—Consultation

Division 1—Introduction

110A  Guide to this Part

This Part is about consultation with Aboriginal people in the Northern Territory to enable them to effectively engage in matters affecting them under this Act.

It requires the Minister to make rules prescribing consultation requirements that must be complied with in making a decision or legislative instrument under this Act that is likely to affect Aboriginal people living in one or more areas in the Northern Territory. Those rules must be consistent with principles set out in this Part.

Consultation requirements under this Part apply in addition to any other consultation requirements under this Act.

Division 2—Consultation

110B  Minister to make rules specifying consultation requirements

             (1)  The Minister must make rules prescribing consultation requirements to be complied with in making a decision or legislative instrument under this Act (other than a rule under this section) that is likely to affect Aboriginal people living in one or more areas in the Northern Territory.

             (2)  Before making a rule for the purposes of subsection (1), the Minister must:

                     (a)  have regard to the object of this Act in paragraph 4(b); and

                     (b)  be satisfied that the rule is consistent with the consultation principles set out in section 110C.

             (3)  A consultation requirement prescribed for the purposes of subsection (1) applies in addition to any other requirement relating to consultation that applies in relation to the making of the relevant decision or legislative instrument.

             (4)  Rules made for the purposes of subsection (1) may prescribe different requirements in relation to:

                     (a)  different decisions and legislative instruments; and

                     (b)  different areas.

110C  Consultation principles

             (1)  This section sets out the consultation principles for the purposes of paragraph 110B(2)(b).

Obtaining consent or agreement

             (2)  The object of consultation must be to obtain the consent or agreement of the Aboriginal people likely to be affected by the proposed decision or legislative instrument, not simply to outline what is proposed.

Using feedback

             (3)  Consultation is a two-way process, which includes listening to the Aboriginal people likely to be affected by the proposed decision or legislative instrument, and using this feedback to influence and develop the decision or instrument.

Consensus negotiations

             (4)  Consultation processes must be products of, and build, consensus. Consultations must be in the nature of negotiations and the Aboriginal people being consulted must not be pressured into making a decision.

Adequate time

             (5)  Consultations must begin early, be ongoing (if necessary), and have adequate timeframes built into them.

Assistance to participate

             (6)  The Aboriginal people likely to be affected by the proposed decision or legislative instrument must have access to financial, technical and other assistance to enable them to participate in the consultation process.

Coordination across agencies

             (7)  Consultations that involve a number of Commonwealth, State and Territory agencies must be coordinated across those agencies.

Reaching people in places most convenient for them

             (8)  Consultation processes must reach the Aboriginal people likely to be affected by the proposed decision or legislative instrument, and must be held in the location that is most convenient for, and chosen by, those people.

Respecting protocols

             (9)  Consultation processes must respect the protocols, including the representative and decision-making structures, followed by the Aboriginal people likely to be affected by the proposed decision or legislative instrument.

Information to be given

           (10)  Information about the proposed decision or legislative instrument, and its potential impact, must be provided to the Aboriginal people likely to be affected by it, being information that is:

                     (a)  full and accurate; and

                     (b)  clear, accessible, easy to understand and otherwise in accordance with plain language principles; and

                     (c)  in the language of the people being consulted (if necessary).

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