Bills

Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:44): Obtained leave and introduced a bill for an act to amend the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:44): I move:

That this bill be now read a second time.

I rise to introduce the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Bill 2017.

This bill amends the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 to continue my current power to suspend the APY Executive Board for any reason I see fit, for such period as I deem appropriate and for this power to be made ongoing.

The Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill 2016 came into operation on 1 January 2017, with the exception of section 13, which is due to commence on 1 July 2017. This section will vary section 13O(1) of the APY act to restrict my power to suspend the APY Executive Board. I would only be able to suspend the board if it fails to comply with certain ministerial directions, such as to prepare a report or take an action that prevents detriment to Anangu.

It is the government's view that a ministerial direction under section 13 of the APY amendment act would be too limited and unlikely to facilitate timely remedial action should the need arise. A broad and ongoing reserve ministerial power to suspend the board for any reason is a better safeguard against serious failings in APY governance.

On 5 April 2017, a new APY Executive Board was elected following changes to the electoral process, in particular requiring gender balance. The day was historic for APY, and particularly so given the inclusion of a legislative requirement for gender balance. Seven Anangu men and four Anangu women have now been elected to the board, with supplementary elections to be undertaken for women in three electorates. I am pleased to inform members that on election day the implementation of reforms to the electoral process went very smoothly, such as the use of a voters roll and computer voting instead of marbles.

Nonetheless, the task ahead for the new board is not without its challenges. I believe it is prudent and appropriate to continue the existing ministerial power in section 13O(1) of the APY act to be able to suspend the board for any reason. I emphasise that this is a reserve power, it is a safeguard, that has to date not been exercised and I hope remains unexercised.

I would like to extend my congratulations to all the new members of the APY Executive Board, and I look forward to working constructively with them for the benefit of all Anangu over the next three years. I commend the bill to members and seek leave to have the explanation of clauses inserted without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

4—Amendment of section 13O—Minister may suspend Executive Board

This clause amends section 13O(1) of the principal Act to allow the Minister to suspend the Executive Board for any reason the Minister thinks fit.

Debate adjourned on motion of Hon. T.J. Stephens.