Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to establish a Commission for peace and non-violence, and for related purposes.
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 19 Jun 2007
Introduced Senate 18 Jun 2007

 

 

2004‑2005‑2006‑2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Peace and Non‑Violence Commission Bill 2007

 

No.      , 2007

 

(Senator Allison)

 

 

 

A Bill for an Act to establish a Commission for peace and non‑violence, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Objects of Act.................................................................................... 2

4............ Application to Crown........................................................................ 2

Part 2—Establishment of Peace and Non‑Violence Commission                3

6............ Establishment of Peace and Non‑Violence Commission.................... 3

7............ Mission of PNVC............................................................................... 3

8............ Functions and responsibilities of PNVC............................................ 3

Part 3—Responsibilities of Offices of PNVC                                                         9

Division 1—Office of Peace Education and Training                                   9

9............ General................................................................................................ 9

10.......... Peace curriculum................................................................................. 9

11.......... Grants................................................................................................. 9

Division 2—Office of Domestic Peace Activities                                        10

12.......... General.............................................................................................. 10

13.......... Responsibilities................................................................................ 10

Division 3—Office of International Peace Activities                                 10

14.......... General.............................................................................................. 10

15.......... Responsibilities................................................................................ 11

Division 4—Office of Technology for Peace                                                   11

16.......... General.............................................................................................. 11

17.......... Grants............................................................................................... 11

Division 5—Office of Arms Control and Disarmament                            12

18.......... General.............................................................................................. 12

19.......... Responsibilities................................................................................ 12

Division 6—Office of Peaceful Coexistence and Non‑Violent Conflict Resolution         13

20.......... General.............................................................................................. 13

21.......... Responsibilities................................................................................ 13

Division 7—Office of Human Rights and Economic Rights                   14

22.......... General.............................................................................................. 14

23.......... Responsibilities................................................................................ 14

Part 4—Constitution of PNVC                                                                                       16

24.......... Constitution of PNVC...................................................................... 16

25.......... Duty of PNVC Commissioner......................................................... 16

26.......... Conduct of PNVC Commissioner and Assistant Commissioners.... 16

27.......... Appointment of commissioners....................................................... 16

28.......... Procedures for merit selection of appointments under this Act....... 17

29.......... Remuneration.................................................................................... 18

30.......... Leave of absence............................................................................... 18

31.......... Outside employment........................................................................ 18

32.......... Other terms and conditions.............................................................. 18

33.......... Resignation....................................................................................... 18

34.......... Termination of appointment............................................................ 19

35.......... Meetings........................................................................................... 19

36.......... Notice of meetings............................................................................ 20

37.......... Conduct of meetings......................................................................... 20

38.......... Disclosure of interests...................................................................... 20

39.......... Organisation of PNVC...................................................................... 21

Part 5—Chief Executive Officer and staff of PNVC                                         22

Division 1—Chief Executive Officer                                                                  22

Subdivision A—Establishment and functions of Chief Executive Officer       22

40.......... Chief Executive Officer..................................................................... 22

41.......... Functions of CEO............................................................................. 22

Subdivision B—Appointment of CEO                                                                    22

42.......... Appointment of CEO....................................................................... 22

43.......... Acting CEO...................................................................................... 22

44.......... Remuneration.................................................................................... 23

45.......... Leave of absence............................................................................... 23

46.......... Outside employment........................................................................ 24

47.......... Other terms and conditions.............................................................. 24

48.......... Resignation....................................................................................... 24

49.......... Termination of appointment............................................................ 24

50.......... Disclosure of interests...................................................................... 25

51.......... Delegation......................................................................................... 25

Division 2—Staff etc. to assist PNVC                                                                25

52.......... Staff of PNVC.................................................................................. 25

53.......... Secondment of persons to assist PNVC........................................... 25

54.......... Consultants and independent contractors........................................ 25

Part 6—Review of PNVC                                                                                                 25

55.......... Review of PNVC.............................................................................. 25

56.......... Sunset provision............................................................................... 25

57.......... Annual report................................................................................... 25

58.......... Regulations....................................................................................... 25

 


A Bill for an Act to establish a Commission for peace and non‑violence, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Peace and Non‑Violence Commission Act 2007.

2  Commencement

                   This Act commences on the day on which it receives Royal Assent.

3  Objects of Act

                   The objects of this Act are to:

                     (a)  establish the Peace and Non‑Violence Commission as an independent statutory body to promote throughout the community the pursuit of peace and non‑violence as an objective and responsibility of national government; and

                     (b)  align Commonwealth government activity with United Nations policy in the promotion of peace; and

                     (c)  promote Australia’s obligations under international humanitarian law.

4  Application to Crown

                   This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.


 

Part 2Establishment of Peace and Non‑Violence Commission

6  Establishment of Peace and Non‑Violence Commission

                   The Peace and Non‑Violence Commission (the PNVC) is established by this section.

7  Mission of PNVC

                   The mission of the PNVC is to:

                     (a)  endeavour to promote justice and democratic principles to expand human rights;

                     (b)  strengthen non‑military means of peacemaking;

                     (c)  promote the development of human potential;

                     (d)  work to create peace, prevent violence, divert from armed conflict and develop new structures for the resolution of disputes by non‑violent means;

                     (e)  take a proactive, strategic approach in the development of policies that promote national and international conflict prevention, non‑violent intervention, mediation, peaceful resolution of conflict and structured mediation of conflict;

                      (f)  address matters both domestic and international in scope;

                     (g)  encourage the development of initiatives from local communities, religious groups and nongovernmental organisations for the promotion of peace.

8  Functions and responsibilities of PNVC

             (1)  The PNVC must:

                     (a)  work proactively and interactively with all departments and agencies of the Commonwealth Government on all policy matters relating to conditions of peace; and

                     (b)  call on the intellectual and spiritual wealth of the people of Australia and seek participation in its administration and in its development of policy from private, public and nongovernmental organisations; and

                     (c)  monitor and analyse causative principles of conflict and make policy recommendations for developing and maintaining peaceful conduct.

             (2)  The PNVC must also:

                     (a)  develop policies that address domestic violence, including spousal abuse, child abuse and mistreatment of the elderly; and

                     (b)  create new policies and incorporate existing programs that reduce drug and alcohol abuse; and

                     (c)  develop new policies and incorporate existing policies regarding crime, punishment and rehabilitation; and

                     (d)  develop policies to address violence against animals; and

                     (e)  analyse existing policies, employ successful field‑tested programs and develop new approaches for dealing with the implements of violence, including gun‑related violence; and

                      (f)  develop new programs that relate to the challenges in society of school violence, gangs, racial and ethnic violence, violence against gays and lesbians, and police‑community relations disputes; and

                     (g)  make policy recommendations to the Attorney‑General regarding civil rights and to the Minister for Employment and Workplace Relations regarding labour law; and

                     (h)  assist in the establishment and funding of community‑based violence prevention programs, including violence prevention counselling and peer mediation in schools; and

                      (i)  counsel and advocate on behalf of women victimised by violence; and

                      (j)  provide for public education programs and counselling strategies concerning hate crimes; and

                     (k)  promote racial, religious and ethnic tolerance; and

                      (l)  promote local community initiatives that can draw on neighbourhood resources to create peace projects that facilitate the development of conflict resolution at a national level and thereby inform and inspire national policy.

             (3)  The PNVC must also:

                     (a)  advise the Ministers for Defence and Foreign Affairs on all matters relating to national security, including the protection of human rights and the prevention of, amelioration of and de‑escalation of unarmed and armed international conflict; and

                     (b)  provide ethical‑based and value‑based analyses to the Department of Defence; and

                     (c)  undertake the task of forecasting comparative costs of violent and non‑violent solutions as a basis for advice; and

                     (d)  provide for the training of all civilian Australian personnel who administer post‑conflict reconstruction and demobilisation in war‑torn societies; and

                     (e)  sponsor country and regional conflict prevention and dispute resolution initiatives, create special task forces and draw on local, regional, and national expertise to develop plans and programs for addressing the root sources of conflict in troubled areas; and

                      (f)  provide for exchanges between Australia and other nations of individuals who endeavour to develop domestic and international peace‑based initiatives; and

                     (g)  encourage the development of international sister city programs, pairing Australian cities with cities around the world for artistic, cultural, economic, educational and faith‑based exchanges; and

                     (h)  administer the training of civilian peacekeepers who participate in multinational non‑violent police forces and support civilian police who participate in peacekeeping; and

                      (i)  jointly with the Departments of Defence and Foreign Affairs, strengthen peace enforcement through hiring and training monitors and investigators to help with the enforcement of international arms embargoes;

                      (j)  facilitate the development of peace summits at which parties to a conflict may gather under safe and neutral conditions to promote non‑violent communication and mutually beneficial solutions; and

                     (k)  submit to the Prime Minister recommendations for reductions in weapons of mass destruction, and make annual reports to the Prime Minister on the sale of arms and munitions from Australia to other nations, with analysis of the impact of such sales on the defence of Australia and how such sales affect peace; and

                      (l)  in consultation with the Minister for Foreign Affairs, develop strategies for sustainability and management of the distribution of international funds; and

                    (m)  advise the Australian Ambassador to the United Nations on matters relating to the United Nations Security Council.

             (4)  In advising the Ministers for Defence and Foreign Affairs in accordance with paragraph (3)(a), the PNVC may also advise on Australia’s obligations, responsibilities and negotiations in relation to treaties, international agreements and matters relating to the following subjects:

                     (a)  atmosphere and outer space;

                     (b)  defence and security;

                     (c)  diplomatic and consular relations;

                     (d)  human rights;

                     (e)  international cooperation;

                      (f)  international law;

                     (g)  maritime law and law of the sea;

                     (h)  war and peace.

             (5)  If the Minister of Defence or the Minister for Foreign Affairs is conducting negotiations or deliberations relating to treaties, international agreements or matters listed in subsection (4), a representative of the PNVC must be invited to attend and participate in those negotiations or deliberations.

             (6)  The PNVC must also consider and offer non‑violent conflict resolution strategies to all relevant parties on issues of human security if such security is threatened by conflict, whether such conflict is geographic, religious, ethnic, racial or class‑based in its origin, derives from economic concerns (including trade or mal‑distribution of wealth) or is initiated through disputes concerning scarcity of natural resources (such as water and energy resources), food, trade or environmental concerns.

             (7)  The PNVC must also:

                     (a)  seek assistance in the design and implementation of non‑violent policies from media professionals; and

                     (b)  study the role of the media in the escalation and de‑escalation of conflict at domestic and international levels and make findings public; and

                     (c)  make recommendations to professional media organisations in order to provide opportunities to increase media awareness of peace‑building initiatives.

             (8)  The PNVC must also:

                     (a)  develop a peace education curriculum, which is to include studies of:

                              (i)  the civil rights movement throughout the world, with special emphasis on how individual endeavour and involvement have contributed to advancements in peace and justice; and

                             (ii)  peace agreements and circumstances in which peaceful intervention has worked to stop conflict; and

                     (b)  in cooperation with the Department of Education, Science and Training:

                              (i)  commission the development of such curricula and make such curricula available to schools to enable the utilisation of peace education objectives at all primary and secondary schools in Australia; and

                             (ii)  offer incentives in the form of grants and training to encourage the development of State and Territory peace curricula and assist schools in applying such curricula; and

                     (c)  work with educators to equip students to become skilled in achieving peace through reflection and facilitate instruction in the ways of peaceful conflict resolution; and

                     (d)  maintain a site on the Internet for the purposes of soliciting and receiving ideas for the development of peace from the wealth of political, social and cultural diversity; and

                     (e)  proactively engage the critical thinking capabilities of primary, secondary and university students and teachers through the Internet and other media and issue periodic reports concerning submissions; and

                      (f)  create and establish a Peace Institute, which will provide an accredited course of instruction in peace education, after which graduates may elect to serve in public service in programs dedicated to domestic or international non‑violent conflict resolution; and

(g)    provide grants for peace studies departments in universities throughout Australia.


 

Part 3Responsibilities of Offices of PNVC

Division 1Office of Peace Education and Training

9  General

                   There must be in the PNVC an Office of Peace Education and Training, the head of which is the Assistant Commissioner for Peace Education and Training. The Assistant Commissioner for Peace Education and Training is to carry out those functions of the Office relating to the creation, encouragement and impact of peace education and training at the primary, secondary, university and postgraduate levels, including the development of a Peace Institute.

10  Peace curriculum

                   The Assistant Commissioner of Peace Education and Training, in cooperation with the Secretary of the Department of Education, Science and Training, must develop a peace curriculum and supporting materials for distribution to the departments of education in each State and Territory. The peace curriculum must include the development of communicative peace skills, non‑violent conflict resolution skills and related skills to increase the knowledge and application of peace processes.

11  Grants

             (1)  The Assistant Commissioner of Peace Education and Training must provide:

                     (a)  peace education grants to universities for the creation and expansion of peace studies departments; and

                     (b)  community peace grants to not‑for‑profit community and non‑governmental organisations for the development of neighbourhood programs for non‑violent conflict resolution and local peace building initiatives.

             (2)  Grants made by the Assistant Commissioner of Peace Education and Training under this section are to be made out of money appropriated by the Parliament for the purpose.

Division 2Office of Domestic Peace Activities

12  General

                   There must be in the PNVC an Office of Domestic Peace Activities, the head of which is the Assistant Commissioner for Domestic Peace Activities. The Assistant Commissioner for Domestic Peace Activities is to carry out those functions of the Office relating to domestic peace activities, including the development of policies that increase awareness about intervention and counselling on domestic violence and conflict.

13  Responsibilities

                   The Assistant Commissioner for Domestic Peace Activities must:

                     (a)  develop policy alternatives for the treatment of drug and alcohol abuse; and

                     (b)  develop new policies and build on existing programs responsive to the prevention of crime, including the development of community policing strategies and peaceful settlement skills among police and other public safety officers; and

                     (c)  develop community‑based strategies for celebrating diversity and promoting tolerance.

Division 3Office of International Peace Activities

14  General

                   There must be in the PNVC an Office of International Peace Activities, the head of which is the Assistant Commissioner for International Peace Activities. The Assistant Commissioner for International Peace Activities is to carry out those functions of the Office relating to international peace activities.

15  Responsibilities

                   The Assistant Commissioner for International Peace Activities must:

                     (a)  provide for the training and deployment of all Peace Institute graduates and other non‑military conflict prevention and peacemaking personnel; and

                     (b)  sponsor country and regional conflict prevention and dispute resolution initiatives in countries experiencing social, political or economic conflict; and

                     (c)  advocate the creation of a multinational non‑violent peace force; and

                     (d)  provide training for the administration of post‑conflict reconstruction and demobilisation in war‑torn societies; and

                     (e)  provide for exchanges between individuals from Australia and other nations who are endeavouring to develop domestic and international peace‑based initiatives.

Division 4Office of Technology for Peace

16  General

                   There must be in the PNVC an Office of Technology for Peace, the head of which is the Assistant Commissioner of Technology for Peace. The Assistant Commissioner of Technology for Peace is to carry out those functions of the Office relating to the awareness, study and impact of developing new technologies on the creation and maintenance of domestic and international peace.

17  Grants

             (1)  The Assistant Commissioner of Technology for Peace must provide grants for the research and development of technologies in transportation, communications and energy that:

                     (a)  are non‑violent in their application; and

                     (b)  encourage the conservation and sustainability of natural resources in order to prevent future conflicts regarding scarce resources.

             (2)  Grants made by the Assistant Commissioner of Technology for Peace under this section are to be made out of money appropriated by the Parliament for the purpose.

Division 5Office of Arms Control and Disarmament

18  General

                   There must be in the PNVC an Office of Arms Control and Disarmament, the head of which is the Assistant Commissioner of Arms Control and Disarmament. The Assistant Commissioner of Arms Control and Disarmament is to carry out those functions of the Office relating to arms control programs and arms limitation agreements.

19  Responsibilities

                   The Assistant Commissioner of Arms Control and Disarmament must:

                     (a)  advise the PNVC Commissioner on all interdepartmental and Commonwealth agency discussions and all international negotiations regarding the reduction and elimination of weapons of mass destruction throughout the world, including the dismantling of such weapons and the safe and secure storage of related materials; and

                     (b)  assist nations, international agencies and nongovernmental organisations in assessing the locations of the build‑up of nuclear arms; and

                     (c)  develop non‑violent strategies to deter the testing or use of offensive or defensive nuclear weapons, whether based on land, air, sea or in outer space; and

                     (d)  serve as a depository for copies of all contracts, agreements, and treaties that deal with the reduction and elimination of nuclear weapons or the protection of outer space from militarisation; and

                     (e)  provide technical support and legal assistance for the implementation of such agreements.

Division 6Office of Peaceful Coexistence and Non‑Violent Conflict Resolution

20  General

                   There must be in the PNVC an Office of Peaceful Coexistence and Non‑violent Conflict Resolution, the head of which is the Assistant Commissioner for Peaceful Coexistence and Non‑violent Conflict Resolution. The Assistant Commissioner for Peaceful Coexistence and Non‑violent Conflict Resolution is to carry out those functions of the Office relating to research and analysis into creating, initiating and modelling approaches to peaceful coexistence and non‑violent conflict resolution.

21  Responsibilities

                   The Assistant Commissioner for Peaceful Coexistence and Non‑violent Conflict Resolution must:

                     (a)  study the impact of war, especially on the physical and mental condition of children (using the ten‑point agenda in the United Nations Children’s Fund report, State of the World’s Children 1996, as a guide), which must include the study of the effect of war on the environment and public health; and

                     (b)  regularly forecast the comparative costs of violent and non‑violent solutions; and

                     (c)  publish a monthly journal of the activities of the Office and encourage scholarly participation; and

                     (d)  gather information on effective community peace building activities and disseminate such information to local governments and non‑governmental organisations in Australia and abroad; and

                     (e)  research the effect of violence in the media and make such reports available to both Houses of the Parliament annually; and

                      (f)  sponsor conferences throughout Australia to create awareness of the work of the Office.

Division 7Office of Human Rights and Economic Rights

22  General

                   There must be in the PNVC an Office of Human Rights and Economic Rights, the head of which is the Assistant Commissioner for Human Rights and Economic Rights. The Assistant Commissioner for Human Rights and Economic Rights is to carry out those functions of the Office supporting the principles of the Universal Declaration of Human Rights passed by the General Assembly of the United Nations on 10 December 1948.

23  Responsibilities

                   The Assistant Commissioner for Human Rights and Economic Rights must:

                     (a)  assist the PNVC Commissioner, in cooperation with the Minister for Foreign Affairs, in furthering the incorporation of principles of human rights, as enunciated in the United Nations General Assembly Resolution 217A(III) of 10 December 1948, into all agreements between Australia and other nations to help reduce the causes of violence; and

                     (b)  gather information on and document human rights abuses, both domestically and internationally, and recommend to the PNVC Commissioner non‑violent responses for the remedy of abuses; and

                     (c)  make the information gathered and the resulting recommendations mentioned in paragraph (b) available to other agencies in order to facilitate non‑violent conflict resolution; and

                     (d)  provide trained observers to work with non‑governmental organisations for the purpose of creating a climate that is conducive to respect for human rights; and

                     (e)  conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the PNVC Commissioner for the non‑violent prevention of such scarcity, non‑violent intervention in cases of such scarcity and the development of programs of assistance for people experiencing such scarcity, whether due to armed conflict, mal‑distribution of resources or natural causes; and

                      (f)  assist the PNVC Commissioner, in cooperation with the Minister for Foreign Affairs and the Treasurer, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds and the impact of those conditions on the peace and stability of recipient nations; and

                     (g)  assist the PNVC Commissioner, in cooperation with the Minister for Foreign Affairs and the Minister for Employment and Workplace Relations, in developing strategies to promote full compliance with domestic and international labour laws.


 

Part 4Constitution of PNVC

  

24  Constitution of PNVC

                   The PNVC consists of:

                     (a)  the PNVC Commissioner; and

                     (b)  seven Assistant Commissioners who are responsible for the Offices established by this Act.

25  Duty of PNVC Commissioner

                   The PNVC Commissioner must keep the Attorney‑General informed of the general operations of the PNVC in respect of the performance of the PNVC’s functions.

26  Conduct of PNVC Commissioner and Assistant Commissioners

                   The PNVC Commissioner and Assistant Commissioners must act in the best interests of the PNVC.

27  Appointment of commissioners

             (1)  For the purposes of this section and sections 29 to 33, commissioner means the PNVC Commissioner or an Assistant Commissioner.

             (2)  A commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.

Note:          A commissioner can be re‑appointed under this section: see subsection 33(4A) of the Acts Interpretation Act 1901.

             (3)  A commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (4)  A person is not eligible for appointment as a commissioner unless the person has a high level of expertise in an area relevant to the functions of the PNVC. Relevant areas include, but are not limited to:

                     (a)  peacekeeping and peace studies;

                     (b)  international humanitarian law;

                     (c)  conflict resolution and mediation;

                     (d)  non‑proliferation and disarmament;

                     (e)  civil rights;

                      (f)  international law and treaty‑making and treaty obligations.

28  Procedures for merit selection of appointments under this Act

             (1)  The Attorney‑General must by writing determine a code of practice, for selecting a person to be nominated by the Commonwealth or a Minister for appointment to a position under this Act, that sets out general principles on which the selections are to be made, including but not limited to:

                     (a)  merit; and

                     (b)  independent scrutiny of appointments; and

                     (c)  probity; and

                     (d)  openness and transparency.

             (2)  After determining a code of practice under subsection (1), the Attorney‑General must publish the code in the Gazette.

             (3)  The Attorney‑General must review a code of practice determined under subsection (1) not later than every fifth anniversary after the code of practice has been determined.

             (4)  In reviewing a code of practice, the Attorney‑General must invite the public to comment on the code.

             (5)  A code of practice determined under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Note:          Section 42 provides for the appointment of the CEO. That appointment is also bound by the merit provisions contained in this section.

29  Remuneration

             (1)  A commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a commissioner is to be paid the remuneration that is prescribed by the regulations.

             (2)  A commissioner is to be paid the allowances that are prescribed by the regulations.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

30  Leave of absence

             (1)  A commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Attorney‑General may grant a commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Attorney‑General determines.

31  Outside employment

                   A commissioner must not engage in paid employment outside the duties in the Commission without the Attorney‑General’s consent.

32  Other terms and conditions

                   A commissioners holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.

33  Resignation

                   A commissioner may resign his or her appointment by giving the Governor‑General a written resignation.

34  Termination of appointment

All Commissioners

             (1)  The Governor‑General may terminate the appointment of the PNVC Commissioner or of an Assistant Commissioner:

                     (a)  for misbehaviour or physical or mental incapacity; or

                     (b)  if the PNVC Commissioner or an Assistant Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (c)  if the PNVC Commissioner or an Assistant Commissioner fails, without reasonable excuse, to comply with section 38.

             (2)  The Governor‑General may terminate the appointment of the PNVC Commissioner or of an Assistant Commissioner if:

                     (a)  the PNVC Commissioner or an Assistant Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (b)  the PNVC Commissioner or an Assistant Commissioner engages, except with the Attorney‑General’s consent, in paid employment outside the duties of his or her office.

             (3)  Subsection (2) does not apply if the PNVC Commissioner or the Assistant Commissioner is appointed on a part‑time basis.

35  Meetings

             (1)  The PNVC Commissioner must convene at least 8 meetings of the PNVC in each calendar year.

             (2)  Meetings of the PNVC must be held at such places as the PNVC Commissioner determines.

Note:          Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.

             (3)  At a meeting of the PNVC, the PNVC Commissioner and three Assistant Commissioners constitute a quorum, or in the absence of the PNVC Commissioner, four Assistant Commissioners constitute a quorum.

             (4)  The PNVC Commissioner must preside at all meetings of the PNVC at which he or she is present.

             (5)  If the PNVC Commissioner is absent from all or part of a meeting of the PNVC, an Assistant Commissioner chosen by the other Assistant Commissioners present is to preside at the meeting.

36  Notice of meetings

                   Each Assistant Commissioner is entitled to receive reasonable notice of meetings of the PNVC.

37  Conduct of meetings

             (1)  Subject to this Part, the PNVC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The PNVC may make other rules of procedure to be followed at meetings.

             (2)  The PNVC may alter its rules of procedure from time to time.

             (3)  The PNVC must make its rules of procedure, as altered from time to time, available to the public.

             (4)  The PNVC must ensure that minutes of its meetings are kept.

38  Disclosure of interests

Disclosure by the PNVC Commissioner

             (1)  If the PNVC Commissioner has any direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the PNVC, being an interest that could conflict with the proper performance of the PNVC Commissioner’s functions in relation to a matter arising at a meeting of the PNVC, then the PNVC Commissioner must disclose that interest to the Assistant Commissioners as soon as practicable.

             (2)  If the PNVC Commissioner has disclosed an interest, the PNVC Commissioner must not participate in the consideration of the matter by the PNVC unless all of the Assistant Commissioners agree.

Disclosure by an Assistant Commissioner

             (3)  If an Assistant Commissioner has any direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the PNVC, being an interest that could conflict with the proper performance of the Assistant Commissioner’s functions in relation to a matter arising at a meeting of the PNVC, then the Assistant Commissioner must disclose that interest to the PNVC Commissioner as soon as practicable.

             (4)  If an Assistant Commissioner has disclosed an interest, that Assistant Commissioner must not participate in the consideration of the matter by the PNVC unless the PNVC Commissioner and all of the other Assistant Commissioners agree.

Disclosure to be recorded in the minutes of the meeting

             (5)  Any disclosure, and any decision made by the PNVC Commissioner and/or by the Assistant Commissioners in relation to the disclosure, must be recorded in the minutes of the meeting.

39  Organisation of PNVC

                   The PNVC is to consist of the following offices:

                     (a)  the Office of Peace Education and Training;

                     (b)  the Office of Domestic Peace and Activities;

                     (c)  the Office of International Peace Activities;

                     (d)  the Office of Technology for Peace;

                     (e)  the Office of Arms Control and Disarmament;

                      (f)  the Office of Peaceful Coexistence in Non‑Violent Conflict Resolution;

                     (g)  the Office of Human Rights and Economic Rights.


 

Part 5Chief Executive Officer and staff of PNVC

Division 1Chief Executive Officer

Subdivision AEstablishment and functions of Chief Executive Officer

40  Chief Executive Officer

                   There is to be a Chief Executive Officer (the CEO) of the PNVC.

41  Functions of CEO

             (1)  The functions of the CEO are:

                     (a)  to administer the financial resources of the PNVC; and

                     (b)  to manage the day‑to‑day administration of the PNVC.

             (2)  All acts and things done in the name of, or on behalf of, the PNVC by the CEO are taken as having been done by the PNVC.

Subdivision BAppointment of CEO

42  Appointment of CEO

             (1)  Subject to section 28, the CEO is to be appointed by the Attorney‑General by written instrument, on either a full‑time or part‑time basis.

Note:          The CEO can be re‑appointed under this section: see subsection 33(4A) of the Acts Interpretation Act 1901.

             (2)  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

43  Acting CEO

             (1)  The Attorney‑General may appoint a person to act as the CEO:

                     (a)  during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          See also section 33A of the Acts Interpretation Act 1901, which contains additional rules about acting appointments.

             (2)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

44  Remuneration

             (1)  The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.

             (2)  The CEO is to be paid the allowances that are prescribed by the regulations.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

45  Leave of absence

             (1)  A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Attorney‑General may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Attorney‑General determines.

             (3)  The PNVC Commissioner may grant leave of absence to a part‑time CEO on the terms and conditions that the PNVC Commissioner determines.

46  Outside employment

             (1)  A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Attorney‑General’s consent.

             (2)  A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Attorney‑General’s consent.

47  Other terms and conditions

                   The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Attorney‑General.

48  Resignation

                   The CEO may resign his or her appointment by giving the Attorney‑General a written resignation.

49  Termination of appointment

Full‑time or part‑time CEO

             (1)  The Attorney‑General may terminate the appointment of the CEO:

                     (a)  for misbehaviour or physical or mental incapacity; or

                     (b)  if the CEO:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (c)  if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (d)  if the CEO fails, without reasonable excuse, to comply with section 50.

             (2)  Paragraph (1)(c) does not apply if the CEO is appointed on a part‑time basis.

Additional ground: full‑time CEO

             (3)  The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.

Additional ground: part‑time CEO

             (4)  The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.

50  Disclosure of interests

                   The CEO must give written notice to the Minister of any direct or indirect pecuniary interest that the CEO has or acquires and that conflicts or could conflict with the proper performance of the CEO’s functions.

51  Delegation

                   The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the PNVC staff.

Note 1:       Section 17AA of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.

Note 2:       See also sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901, which contain additional rules about delegations.

Division 2Staff etc. to assist PNVC

52  Staff of PNVC

             (1)  The staff necessary to assist the PNVC are to be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the CEO and the APS employees assisting the PNVC together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

53  Secondment of persons to assist PNVC

Secondment of Commonwealth officials

             (1)  The CEO, on behalf of the PNVC, may arrange with:

                     (a)  an Agency Head within the meaning of the Public Service Act 1999; or

                     (b)  an authority of the Commonwealth;

for the services of officers or employees of the Agency or the authority to be made available to assist the PNVC in the performance of its functions.

Secondment of State or Territory officials

             (2)  The CEO, on behalf of the PNVC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of that State or Territory to be made available to assist the PNVC in the performance of its functions.

Reimbursement by the Commonwealth

             (3)  An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory for the services of a person to whom the arrangement relates.

54  Consultants and independent contractors

             (1)  The CEO, on behalf of the PNVC, may engage consultants and independent contractors to give advice to, or perform services for, the PNVC.

             (2)  A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.

             (3)  The terms and conditions of an engagement under subsection (1) are as determined by the CEO in writing.


 

Part 6Review of PNVC

  

55  Review of PNVC

             (1)  A review of the operation, impact and effectiveness of the PNVC is to be conducted by two persons appointed by the Attorney-General from the following categories:

                     (a)  one person who has served as an Australian Ambassador for a period of not less then 10 years and who is retired; and

                     (b)  one person who has held the position of professor of international relations at an Australian university for a period of not less than 10 years.

             (2)  The review must be conducted by the end of 2011, and a written report of the review must be prepared and provided to the Minister.

             (3)  The Minister must cause a copy of the report prepared under subsection (2) to be laid before each House of Parliament within 7 sitting days after the Minister receives the report.

56  Sunset provision

                   This Act ceases to be in force on 30 June 2012.

57  Annual report

             (1)  The PNVC must, within 60 days after the end of each year ending on 30 June, give the Minister a report on its operations during that year, for presentation to the Parliament.

Note:          See also section 34C of the Acts Interpretation Act 1901, which contains additional rules about annual reports.

             (2)  If a person was engaged under section 54 during a year, then the report relating to that year must set out:

                     (a)  the name of the individual or body engaged; and

                     (b)  the manner in which the individual or body assisted in the performance of the PNVC’s functions.

             (3)  The report must contain a summary of:

                     (a)  all recommendations and reports made in accordance with paragraph 8(3)(k); and

                     (b)  all contributions made by the PNVC to negotiations or deliberations relating to treaties, international agreements or matters listed in subsection 8(4).

58  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.