Title Reconciliation Bill 2001 [2004]
Database Bills & Legislation
Long Title A Bill for an Act to further advance reconciliation between Aboriginal and Torres Strait Islander peoples and all other Australians, by establishing processes to identify, monitor, negotiate and resolve unresolved issues for reconciliation, and for related purposes
Date 05-04-2001 12:00 AM
Source Senate
Parl No. 39
Bill Number 2001/069
Bill Type Private
Reps Bill Code O
Status Not Proceeding
System Id legislation/bills/s304_first/0006


Reconciliation Bill 2001 [2004]

Part 5—A process for reporting on reconciliation

Division 1—Reports

10  Reports by the Aboriginal and Torres Strait Islander Social Justice Commissioner

             (1)  The Commissioner must include in the report prepared under section 46C of the Human Rights and Equal Opportunity Commission Act 1986 a specific reference to:

                     (a)  the operation of this Act; and

                     (b)  the national progress toward reconciliation in relation to the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples.

             (2)  In carrying out the functions under this section, the Commissioner may exercise all of the powers of HREOC and the Aboriginal and Torres Strait Islander Social Justice Commissioner under the Human Rights and Equal Opportunity Commission Act 1986.

11  Three-Yearly Report on the Progress Toward Reconciliation

             (1)  As soon as practicable after each third anniversary of the commencement of this Act, the Minister must appoint an independent body or taskforce to prepare and submit to the Minister a National Report on the Progress Toward Reconciliation.

             (2)  Matters to be addressed in the National Report on the Progress Toward Reconciliation may include:

                     (a)  relevant indicators of community and individual wellbeing, including statistics, agreed benchmarks and other indicators in relation to mortality, health, housing, education, employment, poverty, representation in the criminal justice system, community development, political participation, and any other matter that may indicate progress in relation to Aboriginal and Torres Strait Islander peoples’ enjoyment of human rights; and

                     (b)  matters identified in any reports commissioned by the Council of Australian Governments; and

                     (c)  the implementation of the recommendations contained in the following national strategies developed by the Council for Aboriginal Reconciliation:

                              (i)  National Strategy to Sustain the Reconciliation Process;

                             (ii)  National Strategy to Promote Recognition of Aboriginal and Torres Strait Islander Rights;

                            (iii)  National Strategy to Overcome Disadvantage;

                            (iv)  National Strategy for Economic Independence; and

                     (d)  matters identified in the reports of the Aboriginal and Torres Strait Islander Social Justice Commissioner under section 10; and

                     (e)  matters identified at the National Reconciliation Conventions held under Part 3; and

                      (f)  the progress of negotiations under Part 4; and

                     (g)  any other matter relevant to the progress of reconciliation.

12  Tabling of the National Report on the Progress Toward Reconciliation

                   The Minister must cause a copy of the National Report on the Progress Toward Reconciliation to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.


 

Division 2—Monitoring the progress toward reconciliation

13  Parliamentary Joint Committee on Reconciliation

             (1)  As soon as practicable after the commencement of this Act and after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Reconciliation, must be appointed.

             (2)  The Parliamentary Joint Committee must consist of at least 10 members, of whom:

                     (a)  5 must be senators appointed by the Senate; and

                     (b)  5 must be members of the House of Representatives appointed by that House.

             (3)  The appointment of members by a House must be in accordance with that House’s practice relating to the appointment of members of that House to serve on joint select committees of both Houses.

             (4)  A member ceases to hold office if he or she ceases to be a member of the House by which he or she was appointed.

             (5)  A member appointed by the Senate may resign his or her office by writing signed and delivered to the President of the Senate.

             (6)  A member appointed by the House of Representatives may resign his or her office by writing signed and delivered to the Speaker of that House.

             (7)  A House may appoint one of its members to fill a vacancy among the members of the Parliamentary Joint Committee appointed by that House.

14  Powers and proceedings of Committee

                   All matters relating to the Parliamentary Joint Committee’s powers and proceedings must be determined by resolution of both Houses.

15  Duties of Committee

                   The Parliamentary Joint Committee’s duties are:

                     (a)  to consult extensively about the implementation and operation of this Act with:

                              (i)  Aboriginal and Torres Strait Islander peoples; and

                             (ii)  ATSIC and other Aboriginal and Torres Strait Islander representative organisations as appropriate; and

                            (iii)  Commonwealth, State, Territory and local governments; and

                             (v)  other appropriate persons and bodies; and

                     (b)  to report from time to time to both Houses on the implementation and operation of this Act; and

                     (c)  to examine each yearly report that is prepared by the Commissioner referred to in section 10 and of which a copy has been laid before a House, and to report to both Houses on matters:

                              (i)  that appear in, or arise out of, those reports; and

                             (ii)  to which, in the Committee’s opinion, the Parliament’s attention should be directed; and

                     (d)  to examine each Three-Yearly National Report on the Progress Toward Reconciliation that is prepared under section 11 and to report to both Houses on matters:

                              (i)  that appear in, or arise out of, that Three-Yearly Report; and

                             (ii)  to which, in the Parliamentary Joint Committee’s opinion, the Parliament’s attention should be directed; and

                     (e)  to examine the recommendations of each National Reconciliation Convention held under Part 3 and to report to both Houses on matters:

                              (i)  that appear in, or arise out of, those recommendations; and

                             (ii)  to which, in the Parliamentary Joint Committee’s opinion, the Parliament’s attention should be directed; and

                      (f)  from time to time, to inquire into and report to both Houses on:

                              (i)  the progress toward reconciliation; and

                             (ii)  the implementation of the recommendations contained in the final report produced by the Council for Aboriginal Reconciliation; and

                            (iii)  matters referred by either House..