House of Assembly Fifty-Third Parliament, First Session (53-1) 53 1 Parliament of South Australia House of Assembly published Bills Bills Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill Introduction and First Reading Introduction and First Reading Received from the Legislative Council and read a first time. Standing Orders Suspension Standing Orders Suspension The Hon. S.E. CLOSE House of Assembly Port Adelaide Minister for Manufacturing and Innovation Minister for Automotive Transformation Minister for the Public Sector The Hon. S.E. CLOSE (Port Adelaide—Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for the Public Sector) (12:55): I move: That standing orders be so far suspended as to enable the bill to pass through its remaining stages without delay. The Deputy Speaker House of Assembly The DEPUTY SPEAKER: An absolute majority not being present, ring the bells. An absolute majority of the whole number of members being present: Motion carried. Second Reading Second Reading The Hon. S.E. CLOSE House of Assembly Port Adelaide Minister for Manufacturing and Innovation Minister for Automotive Transformation Minister for the Public Sector The Hon. S.E. CLOSE (Port Adelaide—Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for the Public Sector) (12:55): I move: That this bill be now read a second time. This bill seeks to do two things. The first is to provide the minister responsible for the administration of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (known as the APY act) with a new power to suspend the executive board and appoint an administrator, exercisable on any ground the minister thinks fit. The second aim is to make clear in the APY act that the Independent Commissioner Against Corruption (the ICAC) and examiners and investigators under the Independent Commissioner Against Corruption Act 2012 do not require permission to enter the APY lands if performing a function under that act. Strong administration is necessary if the APY is to operate as an institution that is effective and accountable to the communities they represent. The APY act has served as a beacon in Australia for Aboriginal people and their hard fought struggle to regain land rights and cultural independence. The APY governing body, the APY Executive Board, is elected to make decisions for and on behalf of the APY. It must represent APY community interests at all times. However, the APY has been through a period of significant instability in the past few years. Since 2010, there have been seven different general managers. This period has shown that difficulties can arise in APY governance that are of a more systemic nature and may not fit clearly within the limited grounds for ministerial intervention currently provided for in the APY act. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it. Leave granted. The current powers may be exercised only where certain failures of a specified kind have occurred on the part of the Executive Board or individual Board members. If one of the specified failures occurs, the Minister can issue a formal direction to the Executive Board to take remedial action. Only if the Executive Board then fails to comply with that direction can the Minister suspend the Executive Board and appoint an Administrator. However, when a problem is less specific, and is of a broader, more intractable kind; there may be no particular recourse under the current APY Act. Strong self-government depends on sound mechanisms to ensure accountability to those whose interests are represented. This means having effective checks and balances that allow all governance problems to be identified and rectified. Ultimately, robust self-government by, and for APY, is essential to realising the vision for Anangu that underpins the APY Act. For this reason, this Bill proposes a broad power on the part of the Minister to intervene where other options may not work. The amendment would add a discretionary power to the existing checks and balances available to safeguard the integrity of APY governance and its accountability to communities. In relation to the second main amendment proposed by this Bill, I consider that the range of public administrative work undertaken on the APY lands is such that it is appropriate to put beyond doubt that officers of the new ICAC have scope to enter the lands without giving notice or having to apply for a permit. I propose the inclusion of an express provision in the APY Act to ensure that this is made clear. I consider the current situation warrants these immediate measures, pending further amendments to the APY Act next year to change the eligibility requirements for membership and the electoral system with the aim of ensuring enhanced Executive Board capacity and better representation of Anangu. I commend the Bill to Members. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title 2—Amendment provisions These clauses are formal. Part 2—Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 3—Amendment of section 4—Interpretation This clause inserts a definition of 'Independent Commissioner Against Corruption' into section 4 of the principal Act. 4—Amendment of section 13O—Minister may suspend Executive Board This clause substitutes a new section 13O(1) into the principal Act, allowing the Minister to suspend the Executive Board of Anangu Pitjantjatjara Yankunytjatjara for any reason he or she thinks fit. The new subsection will expire on the third anniversary of its commencement. The clause also requires an Administrator appointed under the section to provide reports to both Houses of Parliament on the operations of the Administrator and APY during any period of administration. 5—Amendment of section 19—Unauthorised entry on lands This clause inserts new paragraph (bb) into section 19(8) of the principal Act, allowing the Commissioner, examiners and investigators under the Independent Commissioner Against Corruption Act 2012 to enter the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara. Debate adjourned on motion of Mr Gardner. Sitting suspended from 12:59 to 14:00.