Youth Advisory Council Act 2000
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An Act to establish the Youth Advisory Council and for related purposes.
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows:
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Youth Advisory Council Act 2000.
Commencement
2. This Act shall come into operation on a day fixed by the Administrator by notice in the Gazette.
Interpretation
3. In this Act, unless the contrary intention appears —
“approve” means approve in writing by the Minister;
“Chairperson” means the Chairperson of the Council appointed under item 1 in Schedule 1;
“committee” means a committee established by the Council under section 9;
“Council” means the Youth Advisory Council established under section 5;
“Deputy Chairperson” means the Deputy Chairperson of the Council appointed under item 1 in Schedule 1;
“guidelines” means the guidelines issued by the Minister under section 7;
“member” means a member of the Council;
“young persons” means persons who have attained the age of 16 years and who have not attained the age of 30 years.
Objects
4. The object of this Act is to establish Youth Advisory Council:
(a) to advise the Minister on —
(i) matters of concern to young persons; and
(ii) policy and programmes concerning young persons; and
(b) to provide a channel of communication between the community and the Minister in relation to matters concerning young persons.
PART 2 — ESTABLISHMENT OF COUNCIL
Establishment of Council
5. The Youth Advisory Council is established by this Act.
Membership of Council
6. (1) The Council is constituted by not less than 6 and not more than 12 members.
(2) A person who has attained the age of 16 years but who has not attained the age of 30 years may apply to the Minister to be appointed as a member of the Council.
(3) An application under subsection (2) shall be in an approved form.
(4) In making an appointment of a person to be a member, the Minister shall have regard to the guidelines made under section 7.
Guidelines
7. (1) The Minister may issue guidelines for the purposes of this Act.
(2) The Minister shall, as soon as practicable, publish guidelines issued under subsection (1) in the Gazette.
(3) The Minister shall lay a copy of the guidelines before the Legislative Assembly at the first meeting of the Assembly after publication of the guidelines under subsection (2).
PART 3 — FUNCTIONS OF COUNCIL
Functions of Council
8. (1) The functions of the Council are, in relation to matters that are of concern and of interest to young persons —
(a) to advise the Minister on the planning, development, integration and implementation of the Administration’s policies and programmes; and
(b) to consult with young persons, community groups and the Administration on issues and policies; and
(c) to monitor and evaluate legislation, policies and planning and to recommend changes; and
(d) to conduct forums, approved by the Minister; and
(e) to collect, analyse and provide the Minister with information on issues and policies.
(2) The Council may undertake fundraising and may make representation to the Minister for funds and expenditure in connection with its functions.
(3) The Council has any other functions conferred or imposed on it by this or under any other Act.
Committees of Council
9. (1) The Minister may approve the establishment by the Council of committees to assist the Council in connection with the exercise of its functions and must approve the procedures referred to in subsection (3).
(2) A committee may be constituted by persons who are members or otherwise.
(3) The procedures for the calling of committee meetings and for the conduct of committee business are as determined by the Council or by the committee subject to a determination of the Council.
(4) A committee shall cause minutes of its meetings to be kept and copies to be forwarded as soon as practicable to the Council.
Advice to Minister
10. (1) The Council may give advice to the Minister with or without a request to do so by the Minister.
(2) If the Council complies with a request under subsection (1) and the Minister makes a decision that is at variance with the advice given by the Council, the executive must, as soon as practicable, furnish to the Council a written statement of the reasons for not following the advice.
PART 4 — MISCELLANEOUS
Staff of Council
11. The Minister may approve the use by the Council of the services of the staff or facilities of the Administration.
Annual report
12. (1) As soon as practicable after 1 January and not later than 31 March in each year, the Council must prepare and give to the Minister a report of its work and activities during the previous year.
(2) The report referred to in subsection (1) shall include a report on the work and activities of a committee established under section 8.
(3) The Minister must lay the Council’s report before the Legislative Assembly at the first meeting of the Assembly after the report is received.
Membership and procedures of Council
13. (1) Schedule 1 has effect in relation to membership of the Council.
(2) Schedule 2 has effect in relation to the procedures of the Council.
SCHEDULE 1 Section 13
MEMBERSHIP OF THE COUNCIL
Chairperson and Deputy Chairperson
1. Of the persons appointed to be members under subsection 6(1), the Minister shall appoint one to be the Chairperson and another to be the Deputy Chairperson.
2. The persons appointed under subsection 6(1) hold office at the discretion of the Minister, and may be removed from office at any time.
3. A person appointed to be the Chairperson or Deputy Chairperson vacates the office if the person –
(a) is removed from the office by the Minister; or
(b) resigns by notice in writing given to the Minister; or
(c) ceases for any reason to be a member.
Terms of office
4. A person appointed to be a member holds office for the period not exceeding 2 years specified in the person’s instrument of appointment and is eligible for reappointment.
Vacancy in office of member
5. The office of member becomes vacant if the member —
(a) dies; or
(b) is not reappointed at completion of term of office; or
(c) resigns by notice in writing given to the Minister; or
(d) is absent from 3 consecutive meetings of the Council of which the member has been given reasonable notice personally or by post, except on leave granted by the Council or unless, before the expiration of 4 weeks after the last of those meetings, the Council excuses the member’s absence.
6. The Minister may, at any time, remove a member from office.
7. If there is a vacancy in the membership of the Council, the Minister shall, as soon as practicable, appoint a person to fill the vacancy.
SCHEDULE 2 Subsection 13(2)
PROCEDURE OF COUNCIL MEETINGS
1. The Minister shall call the first meeting of the Council.
2. After the first meeting, the procedure for calling meetings of the Council and for the conduct of business shall be as determined by the Council and as approved by the Minister.
3. The Council shall meet at intervals not exceeding 3 months as determined by the Minister.
4. The Chairperson, or in the absence of the Chairperson, the Deputy Chairperson, shall preside at a meeting of the Council.
5. If both the Chairperson and the Deputy Chairperson are absent from a meeting of the Council, the members present shall elect a member from amongst their own number to preside.
6. The Council shall cause minutes of its meetings to be kept and shall promptly send a copy to the Minister.
7. At a meeting of the Council, a majority of the members for the time being form a quorum.
8. A decision supported by the majority of votes cast at a meeting at which a quorum is present is the decision of the Council.
9. The person presiding at a meeting of the Council has a deliberative vote and has in addition, in the event of an equality of votes, a casting vote.
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NOTES
The Youth Advisory Council Act 2000 as shown in this consolidation comprises Act No. 12 of 2000 and amendments as indicated in the Tables below.
| Enactment | Number and year | Date of commencement | Application saving or transitional provision |
| Youth Advisory Council Act 2000 | 12, 2000 | 25.5.00 | |
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| Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] | 14, 2012 | 28.12.12 | | |
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Table of Amendments
| ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted | |
| Provisions affected How affected | |
| 3 | am | 14, 2012 |
| 4 | am | 14, 2012 |
| 6 | am | 14, 2012 |
| 7 | am | 14, 2012 |
| 8 | am | 14, 2012 |
| 9 | am | 14, 2012 |
| 10 | am | 14, 2012 |
| 11 | am | 14, 2012 |
| 12 | am | 14, 2012 |
| Schedule 1 | am | 14, 2012 |
| Schedule 2 | am | 14, 2012 |
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© Norfolk Island Government 2013
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