Australian Capital Territory
Aboriginal and Torres Strait Islander Elected Body Regulation 2017
Subordinate law SL2017–34
made under the  
Aboriginal and Torres Strait Islander Elected Body Act 2008, Section 36 (Regulation-Making Power)
EXPLANATORY STATEMENT

Presented by
Rachel Stephen-Smith MLA
Minister for Aboriginal and Torres Strait Islander Affairs

EXPLANATORY STATEMENT
This explanatory statement relates to the Aboriginal and Torres Strait Islander Elected Body Regulation 2017 (the Regulation). It has been prepared in order to assist the reader of the Regulation and to help inform debate. It does not form part of the Regulation and has not been endorsed by the Legislative Assembly.

This statement must be read in conjunction with the Regulation. It is not, and is not meant to be, a comprehensive description of the Regulation. What is said about a provision is not taken as an authoritative guide to the meaning of a provision, this being a task for the courts.

Background
The role of the Aboriginal and Torres Strait Islander Elected Body (ATSIEB) is to receive, and pass on to the Minister, the views of Aboriginal and Torres Strait Islander people living in the ACT on issues of concern to them.  Further, when asked by the Minister, provide information or advice about the views of Aboriginal and Torres Strait Islander people.

Members of ATSIEB are elected by the Aboriginal and Torres Strait Islander People of the ACT to represent them and to act as an advocate on systemic or whole-of-government issues affecting their interests.

The Aboriginal and Torres Strait Islander Elected Body Act 2008 (the Act) was amended and the amendment came into effect on 15 July 2017. Under the amended Act, section 36 allows for the Executive to make regulations for the Act including a prescribed code of conduct referred to in Section 19.

Section 36 (1) of the Act allows for the Executive to make a regulation. 

Section 36 (2) defines that a regulation can be made to make provision for an ATSIEB code of conduct, the roles and responsibilities of the ATSIEB chair and ATSIEB deputy chair and other ATSIEB governance matters. 

While Section 36 (3) identifies that the Executive should consult with ATSIEB before making a regulation.

Overview 
The new Regulation under the Aboriginal and Torres Strait Islander Elected Body Act 2008 provides clarity on how ATSIEB members should declare their pecuniary and personal interests; defines the role of the chair and deputy chair and institutes a prescribed code of conduct referred to in section 19. 

The Code of conduct for ATSIEB members in Schedule 1 covering:
i.	Honesty and fairness
ii.	Care and diligence
iii.	Conflict of interest
iv.	Respect for privacy and reputation
v.	Confidential information
vi.	Accountability and transparency
vii.	Mutual respect
viii.	Accessibility
ix.	ATSIEB chair

Regulatory impact statement
A regulatory impact statement is not required for the Amending Regulation as it does not impose any appreciable costs on the community, or a part of the community.

Human Rights
The Standing Committee on Justice and Community Safety (Legislative Scrutiny Role) terms of reference requires consideration of human rights, among other matters. In this case, no human rights are impacted.

Outline of Provisions
Clause 1 	Name of regulation
This clause names the regulation.

Clause 2 	Commencement
This clause provides for the commencement of the regulation. 

Clause 3	Dictionary
This clause states that the dictionary at the end of the regulation is part of the regulation.

Clause 4	Notes
This clause identifies that the notes within the regulation are explanatory only.

Clause 5	Code of conduct for ATSIEB members
This clause states that the Code of Conduct that members must comply with is in Schedule One (1) of the Regulation.  It also outlines that the code of conduct does not displace any duty or liability that an ATSIEB member has under any law within Australia.

Clause 6	Pecuniary and personal interests declaration
This clause requires an ATSIEB member to table a declaration of pecuniary and personal interests, outlines the information it must contain and that ATSIEB as a body must maintain a record of pecuniary and personal interests declarations and make the record available to the Minister.

Transitional provisions in subsection four (4) require current members must table a declaration of pecuniary and personal interests within six (6) months after the regulation commences and the section will expire after 12 months.

Clause 7	Role of ATSIEB chair
This clause outlines the role of the chair of ATSIEB.

Clause 8	Role of ATSIEB deputy chair
This clause outlines the role of the deputy chair of ATSIEB.

Schedule 1	Code of conduct for ATSIEB members

1.1	Honesty and fairness
The clause requires an ATSIEB member must act honestly and fairly.

1.2	Care and diligence
The clause requires an ATSIEB member must exercise reasonable care and diligence.

1.3	Conflict of interest
The clause requires an ATSIEB member to take all reasonable steps to avoid any actual or perceived conflict of interest.

1.4	Respect for privacy and reputation
The clause requires an ATSIEB member to respect the dignity and privacy of an individual and must consider the rights and reputation of a person before making a statement.

1.5	Confidential information
The clause requires an ATSIEB member to not take improper advantage of information or improperly disclose confidential information they may receive.

1.6	Accountability and transparency
The clause requires an ATSIEB member to not improperly use a territory resource and use public resources in an open and accountable way.

1.7	Mutual respect
The clause requires an ATSIEB member in their interactions with others to be professional and act with respect; and not bully, harass or intimidate anyone.

1.8	Accessibility
The clause requires ATSIEB members to be reasonably accessible to their constituents.

1.9	ATSIEB chair
The clause outlines how the chair performs their functions under the Act.