AGY-2027 | Community Relations Commission (2001-2014) / Multicultural NSW (2014- )

Full description

The Community Relations Commission was established as a Statutory Body on 13 March 2001, with the commencement on this date of the Community Relations Commission and Principles of Multiculturalism Act 2000 (Act No.77, 2000). (1) The Commission replaced the Ethnic Affairs Commission [II] and was a continuation of, and the same legal entity as, the Ethnic Affairs Commission [II]. (2)

The Community Relations Commission was constituted to consist of not more than nine Commissioners, with a full-time Chairperson and part-time Commissioners, appointed by the Governor. (3)

The objectives of the Commission were the promotion of the advantages of a multicultural society to promote cohesion, harmony, mutual respect and understanding of cultural diversity, equal rights and responsibilities for all residents and equal access to government and community services having regard to linguistic, religious, racial, and ethnic diversity and the promotion of social justice and community development. (4) In this process, the Commission was also responsible for the promotion of the Principles of Multiculturalism as defined by the Act –

Principle 1 - All individuals In NSW should have the greatest possible opportunity to contribute to, and participate in, all aspects of public life in which they may legally participate.
Principle 2 - All individuals and institutions should respect and make provision for the culture, language and religion of others within an Australian legal and institutional framework where English is the common language.
Principle 3 - All individuals should have the greatest possible opportunity to make use of and participate in relevant activities and programs provided or administered by the Government of NSW.
Principle 4 - All institutions of NSW should recognise the linguistic and cultural assets in the population of NSW as a valuable resource and promote this resource to maximise the development of the State.

These principles were promoted with recognition of the importance of shared values within a democratic framework governed by the rule of law, and from the perspective of a unifying commitment to Australia, its interests and future. (5)

The Commission: provided interpreter services; arranged and participated in forums; undertook systematic and wide-ranging consultation; investigated, reported, and advised the Minister on matters related to its objectives; assisted and assessed the effectiveness of public authorities in observing the principles of multiculturalism; advised and made recommendations to the Anti-Discrimination Board; provided support to community initiatives and resources to community groups and encouraged eligible people to become Australian citizens. (6)

The Commission was to prepare a report, for each calendar year, on the state of community relations in New South Wales as affected by cultural diversity, including an assessment of the effectiveness of public authorities in observing the principles of multiculturalism in the conduct of their affairs. The report could include recommendations of the Commission in relation to any relevant matters. This was published by the Commission as the Community Relations Report. (7)

The Commission was to establish Regional Advisory Councils for regional areas of the State, which were to be comprised of: a Commissioner of the Commission (the Chairperson of the Council); representatives of relevant local or regional agencies, community organisation or individuals. The composition of a Regional Advisory Council was to reflect the diversity of the local community concerned. By mid-2004, there were 10 Regional Advisory Councils. (8)

The Commission could establish standing committees to assist it in connection with the exercise of any its functions or special committees to consider and report on particular issues. By mid-2003, the Commission had established a Grants Advisory Committee to assist in the process of assessment of applications submitted under the Commission's Community Development Grants Program. By mid-2008, the Grants Advisory Committee appears to have been disbanded. (9)

The Community Relations Commission was subject to the control and direction of the Minister, in the exercise of its functions, except in relation to the contents of any advice, report or recommendation given to the Minister or any other person or body. (10) The full-time Chairperson was the chief executive officer of the Commission. (11)

On 23 October 2003, the Community Relations Commission and Principles of Multiculturalism Amendment Act 2003 (Act No.50, 2003) increased (from nine to eleven) the maximum number of Commissioners that could constitute the Commission. The Act also provided that, of the Commissioners, two were to be persons who were appointed as representatives of youth from New South Wales and who were not less than 18, and not more than 24, years of age at the time of their appointment; clarified that the function of the Commission to provide interpreter or other services approved by the Minister for Citizenship extended to the Commission's provision of such services outside New South Wales. (12)

The Public Sector Employment Legislation Amendment Act 2006 (Act No.2, 2006) amended a number of Acts to remove existing powers of statutory corporations to employ staff. However, staff to enable the affected statutory corporations to exercise their functions could be employed under Chapter 1A of the amended Public Sector Employment and Management Act 2002 (Act No.43, 2002). (13)

On 17 March 2006, the Office of the Community Relations Commission [I] was established, as a Department of the Public Service, to fulfil this function, by the Public Sector Employment Legislation Amendment Act 2006 (Act No.2, 2006). (14) The Office was a controlled entity, for reporting purposes, of the Community Relations Commission. (15)

From 1 July 2009, when the Office of the Community Relations Commission [I] was abolished the Community Relations Commission became a branch of the Principal Department, Communities NSW. (16)

On 30 November 2009, the Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009 (Act No.96, 2009) provided for the Director-General of Communities NSW to have the functions of Chairperson of the Community Relations Commission when the appointed Chairperson was absent. (17)

On 28 June 2010, the Community Relations Commission and Principles of Multiculturalism Amendment Act 2010 (Act No.62, 2010) restated the principles of multiculturalism and included the principle that all individuals should demonstrate a unified commitment to Australia, its interests and future and should recognise the importance of shared values governed by the rule of law within a democratic framework expanded the functions of the Commission to include researching matters related to the objectives of the Commission and the facilitation of consistency across Government agencies on issues associated with cultural diversity. (18)

In late 2010, the State Government announced that it would elevate the status of the Community Relations Commission in order to recognise the important role culturally diverse communities played in NSW and their importance to the State's social and cultural fabric as well as the economy. The Commission would therefore, be provided with more autonomy and direct access to the various NSW Government Ministers, and its relationship enhanced with the Anti-Discrimination Board and the Crime Prevention Division within the Department of Justice and Attorney General. (19)

On 29 October 2010, the Office of the Community Relations Commission [II] was established to fulfil this function, with staff transferred from Communities NSW, under the Public Sector Employment and Management (Office of the Community Relations Commission) Order 2010. The Order aligned the Office and the Community Relations Commission with the Department of Justice and Attorney General, but made them responsible to the Premier and the Minister for Citizenship. (20) The Office was a controlled entity, for reporting purposes, of the Community Relations Commission. (21)

On 7 January 2011, the Statute Law (Miscellaneous Provisions) Act (No.2) 2010 (Act No.119, 2010) increased from 11 to 15 the maximum number of commissioners that could constitute the Community Relations Commission. (22)

From 4 April 2011, the Office of the Community Relations Commission [II] and the Community Relations Commission became aligned with the Department of Education and Communities. (23)

On 24 February 2014, the Office of the Community Relations Commission [II] was renamed the Community Relations Commission Staff Agency, under the Government Sector Employment Act 2013 (Act No.40, 2013). The alignment with the Department of Education and Communities was unaltered. (24)

On 24 November 2014, the name of the Community Relations Commission was changed to Multicultural NSW under the Multicultural NSW Legislation Amendment Act 2014 (Act No.64, 2014). (25) This Act also changed the name of the Community Relations Commission and Principles of Multiculturalism Act to the Multicultural NSW Act 2000 (Act No.77, 2000). All references in the Act to the Community Relations Commission were also amended to Multicultural NSW. (26) The Act amended the Government Sector Employment Act 2013 (Act No.40, 2013) to rename the Community Relations Commission Staff Agency as the Multicultural NSW Staff Agency. (27)

The Act also renamed the principles of multiculturalism as the multicultural principles and updated those principles; changed the structure of the body so that it was no longer a commission constituted by commissioners; conferred management of the affairs of Multicultural NSW on the Chief Executive Officer; constituted and conferred functions on the Advisory Board of Multicultural NSW (to replace the former commissioners); included as objectives of Multicultural NSW objectives relating to promoting the rights and responsibilities of citizenship and commitment to Australia; revised the functions of Multicultural NSW to reflect its present functions and activities such as providing support to community initiatives which supported women and girls and other groups of diverse backgrounds. (28)

On 1 July 2015, the Administrative Arrangements (Administrative Changes—Public Service Agencies) Order (No.2) 2015 aligned the Multicultural NSW Staff Agency, and Multicultural NSW with the Department of Family and Community Services. The reporting arrangements to the Premier, and the Minister for Multiculturalism remained unchanged. (29)

By mid-2016, Multicultural NSW comprised four Divisions: Government Policy and Research; Community Engagement; Corporate; and Language Services. (30) The Language Services Division [Agency 4728] continued the provision of interpreting and translation services, required under the Multicultural NSW Act 2000 (Act No.77, 2000). (31)

In 2021 Multicultural NSW implemented a new organisational structure creating an improved alignment of teams within each division and reduced the number of executive positions in the Agency. This change to structure coincided with the impact of the COVID-19 pandemic and staff were able to effectively adjust to the new approach resulting in improved support for the community of NSW in a time of significant challenge. In this new structure, Multicultural NSW comprised three divisions; Community and Policy, People and Corporate and Language Services divisions. The CEO was advised by a number of Regional Advisory Councils. (32)

Endnotes
1. Community Relations Commission and Principles of Multiculturalism Act 2000, s.6; NSW Government Gazette No.41, 23 February 2001, p.777.
2. Ibid., Schedule 4, Clause 3 (2).
3. Ibid., ss.6, 7.
4. Ibid., s.12.
5. Ibid., s.3.
6. Ibid., s.13.
7. Ibid., s.14; Community Relations Commission Annual Report 2004-2005, pp. 27, 101.
8. Ibid., s.10; Community Relations Commission Annual Report 2003-2004, p.17.
9. Ibid., s.11; Community Relations Commission Annual Report 2002-2003, pp.19, 95; Community Relations Commission Annual Report 2007-2008, p.53.
10. Ibid., s.6.
11. Ibid., s.8.
12. The Community Relations Commission and Principles of Multiculturalism Amendment Bill 2003, Explanatory Note, p.1 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/649bf56b-3d15-4a60-e297-f1a57a1b9cfb (accessed 13 July 2016); Community Relations Commission and Principles of Multiculturalism Amendment Act 2003, s.2, Schedule 1, Clauses [1] - [3]. Amending ss.7, 13, and a new s.7 (1A) of the Principal Act.
13. The Public Sector Employment Legislation Amendment Bill 2006, Explanatory Note, pp.1, 4 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/docref/dd1037d0-dd17-cc0d-a461-c314d40d07b1 (accessed 12 September 2014).
14. Public Sector Employment Legislation Amendment Act 2006, s.2; Schedule 1, Amendment of the Public Sector Employment and Management Act 2002, Clause [42]. Amending Schedule 1 of the Principal Act; Schedule 4, Amendments to other Acts relating to employment of staff, Clauses [4.12] [1] - [2]. A new s.13 (2) of the Community Relations Commission and Principles of Multiculturalism Act 2000, and omitting s.9 (Staff of Commission) of the Principal Act; NSW Government Gazette, No.35, 17 March 2006, p.1378.
15. Community Relations Commission Annual Report 2005-2006, pp.82, 106.
16. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No.352) clss.5, 6; notified on NSW Legislation Website, 27 July 2009; Communities NSW Annual Report 2009-2010, pp.5-6, 13, 23, 40, 75, 95, 111, 128.
17. Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009, s.2 (1), Schedule 4, Amendment of Community Relations Commission and Principles of Multiculturalism Act 2000 No.77, Clauses [1]-[4]. Amending: Schedule 1, Clauses 2 (3) and (4), and Clause 4 (2) (b); Schedule 2, Clause 4 (1), which included adding an Explanatory Note to the Clause, of the Principal Act.
18. The New South Wales Community Relations Commission and Principles of Multiculturalism Amendment Bill 2010, Explanatory Note, p.1 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/949aba0c-d229-4e48-e059-fa84cdc00019 (accessed 13 July 2016); Community Relations Commission and Principles of Multiculturalism Amendment Act 2010, s.2, Schedule [1], Clauses [1]-[5]. Amending ss.3, and 13 of the Principal Act.
19. Ministerial Media Release, Premier of New South Wales, Kristina Keneally, 'NSW Government Strengthens Community Relations Commission - Voice for State's Culturally Diverse Communities', 8 November 2010.
20. Public Sector Employment and Management (Office of the Community Relations Commission) Order 2010 (2010 No.614) clss.1-5; Notified on NSW Legislation Website, 29 October 2010.
21. Community Relations Commission Annual Report 2011-2012, pp.130, 162; Community Relations Commission Annual Report 2012-2013, pp.95, 123; 128; Community Relations Commission Annual Report 2013-2014, pp.101, 132, 139; Multicultural NSW Annual Report 2014-2015, pp.83, 113-114.
22. Statute Law (Miscellaneous Provisions) (No.2) Act 2010, s.2, Schedule 1.4 – Minor Amendments, Community Relations Commission and Principles of Multiculturalism Act 2000. Clause [1] and Explanatory Note. Amending s.7 (1) of the Principal Act.
23. Public Sector Employment and Management (Departments) Order 2011 (2011 No.184) cls.4; Notified on NSW Legislation Website, 3 April 2011; Department of Education and Communities Annual Report 2010-2011, pp.4, 8-9, 34, 218; Department of Education and Communities Annual Report 2011-2012, pp.6, 81, 89, 106; Department of Education Annual Report 2014 - 2015, pp.52, 62, 72, 84, 96-97, 122, 163.
24. Government Sector Employment Act 2013, s.2, 22, Schedule 1; Commencement Proclamation under the Government Sector Employment Act 2013 (Act No.40, 2013), (2013 No.631); notified on NSW Legislation Website, 8 November 2013; Administrative Arrangements Order 2014 (2014 No.11) clss.2, 4, 8, 11; Notified on NSW Legislation Website, 29 January 2014.
25. Multicultural NSW Legislation Amendment Act 2014, s.2, Schedule 1, Clauses [12]-[14]. Amending s.6 of the Principal Act; Commencement Proclamation under the Multicultural NSW Legislation Amendment Act 2014 (Act No.64, 2014), (2014 No.714); notified on NSW Legislation Website, 14 November 2014.
26. Ibid., Schedule 1, Clauses [1]-[2], [4], [11]-[13], [16]-[21], [25], [27], [29]-[32] and [35]. Amending title of the Act to the Multicultural NSW Act, and amending all references, to the Commission, in the Act to Multicultural NSW.
27. Ibid., Schedule 2.5. Amending Schedule 1 of the Government Sector Employment Act 2013.
28. The Multicultural NSW Legislation Amendment Bill 2014, Explanatory Note, p.1 from the Parliamentary Counsel's Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/02e84e6f-abd4-4f64-bd21-580479541c61 (accessed 13 July 2016); Ibid., Schedule 1, Clauses [1], [5]-[6], [10], [15], [22], [24], [34], [37]-[47], [49]-[57]. Amending the Long title, ss.3, 4, 7-8, 12-14, 22, Schedules 1, 2 and 4; a new s.13A of the Principal Act.
29. Administrative Arrangements (Administrative Changes – Public Service Agencies) Order (No.2) 2015 (2015 No.250) clss.2, 4, 5; Notified on NSW Legislation Website, 29 May 2015; 'About Us' from the Multicultural NSW Website, http://multicultural.nsw.gov.au/about_us/about_mnsw/ (accessed 20 July 2016); 'Organisation Structure as of July 2016 from the Multicultural NSW Website,
http://multicultural.nsw.gov.au/about_us/organisation_structure/ (accessed 20 July 2016).
30. Loc. cit.
31. Multicultural NSW Act 2000, op.cit., s.13 (1); Community Relations Commission Annual Report 2002-2003, op.cit., pp.20-21, 74; Community Relations Commission Annual Report 2005-2006, op.cit., pp.16-17, 38, 112, 114; Community Relations Commission Annual Report 2008 - 2009, pp.58-59, 114; Community Relations Commission Annual Report 2011-2012, op.cit., pp.7, 10, 74-75, 80, 140; Multicultural NSW Annual Report 2014-2015, op.cit., pp.9, 55-57, 93.
32. Multicultural NSW Annual Report 2020-2021, p. 62.