South Australian Multicultural Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (16:52): I move:

That this bill be now read a second time.

I am pleased to introduce the South Australian Multicultural Bill 2020. Implemented under the Tonkin Liberal government, the South Australian Multicultural and Ethnic Affairs Commission Act 1980, commonly known as the SAMEAC Act, is the sole piece of state legislation on multicultural affairs. It was reformist for its time by establishing the South Australian Multicultural and Ethnic Affairs Commission and setting out the commission's functions and operations. Indeed, in 1989, amendments to the act defined multiculturalism in legislation for the first time in Australia.

Since then, the cultural, linguistic and religious make-up of South Australia has changed and so have the opportunities and challenges for many of our communities. The nature of our diversity has also changed, along with the ways in which we perceive and value it. In the immediate postwar years, almost all migrants to South Australia were European-born. Today, while European migrants still comprise about half of our migrant population, there has been a substantial increase in the share of migrants from other parts of the world.

South Australia is now home to people from more than 200 culturally, linguistically and religiously diverse backgrounds, and it is important that we have a modernised legislation which reflects and accommodates our established as well as the newer and emerging communities. Over time, the language which we use to describe multiculturalism, diversity and linguistically diverse communities has also shifted. The very concept of cultural identity has evolved beyond simplistic links to one's country of origin, race or primary language. Despite these changes, the SAMEAC Act has not undergone a major review in 30 years.

Early government initiatives under the SAMEAC Act aimed to assist individual groups to integrate into our state and address barriers to their participation. While this focus is still important, and the SAMEAC Act served our state well, it is time to produce an updated act that reflects the needs of our multicultural state today and sets a broad foundation for modern policy directions.

In light of this, in 2019 the government conducted a legislative review of the act to help shape new legislation. The consultation phase of the review featured six community forums, a stakeholder workshop, written submissions, an online forum and an online survey via YourSAy. Key themes from the review consultation included that:

the concept of multiculturalism should be modernised to reflect changes in thinking and practice;

the commission's functions and appointment of members should be updated and more transparent;

the language in the act should be contemporised; and

multicultural principles should be included in the legislation.

These themes and other feedback from the consultation phase are captured in the final consultation report, which is published on the government's YourSAy website, and I encourage members to peruse it.

The government is pleased to introduce the South Australian Multicultural Bill, which will replace the SAMEAC Act and reflects the feedback received during consultation. This fulfils the review's aim to develop fresh legislation and, by setting a foundation for new multicultural policy directions, affirms the government's ongoing commitment to building stronger and vibrant multicultural communities.

The bill's language has been refreshed and modernised, with the main changes being the removal of the term 'ethnic' and the introduction of the concept of interculturalism. In the consultations, the term 'ethnic' was widely acknowledged as being outdated and potentially divisive. In line with this modernising of language, the bill changes the commission's name from the South Australian Multicultural and Ethnic Affairs Commission to the South Australian Multicultural Commission.

The consultation also called for us to expand our thinking on multiculturalism. Many suggested that the concept of interculturalism be incorporated into the legislation as being inclusive, contemporary and encouraging the exchange of ideas between communities. This is reflected in the bill, helping foster policies and practices that promote acceptance, understanding and respect, as well as a dynamic and inclusive interaction between diverse sections of our community.

Also of significance, the bill requires that a South Australian multicultural charter be prepared and maintained. The charter will be informed by consultation and reflect a set of clear foundational principles defining what multiculturalism means to South Australia. It will be expressed in inclusive and positive language, be aspirational in nature and lay a foundation for the development of future government policies and better services for our community.

Importantly, I note that the bill requires that the charter contain provisions recognising the First Nations peoples of South Australia and their role in the diversity of the people of South Australia. This provision directly responds to feedback from the 2019 review. The bill also modernises and realigns the functions of the multicultural commission to reflect the way they have evolved since 1980, as well as related changes in the sector. These are not significant changes. Many of the new commission's functions in the bill are based on those in the current act, just in updated language.

Significantly, however, the bill includes two new multicultural commission functions, which will further expand the new commission's engagement with communities. These functions are, firstly, to raise awareness and promote understanding of interculturalism and, secondly, to promote the South Australian multicultural charter and the advantages of a multicultural society. As the lead statutory advisory body on multiculturalism in the state, the renamed multicultural commission will be well placed to lead a shift in our thinking about multiculturalism and interculturalism.

The commission's expanded role to promote the charter further cements its ongoing leadership in multicultural affairs in our state. The bill retains most of the provisions of the SAMEAC Act in relation to the multicultural commission's constitution, conditions of membership, terms of office, number of members, remuneration and procedures, but modernises these provisions to ensure consistency with the policy and guidelines for South Australian government boards and committees. The bill makes other changes to the commission's operational powers, but these will have little impact on the commission's day-to-day operations and how it carries out its core functions.

Some minor amendments to the bill have been made since its introduction to the House of Assembly. The first of these amendments is to clause 4—Parliamentary declaration, which has been reframed to more strongly set the tone for the principles of multiculturalism that will underpin the South Australian multicultural charter when that is developed following the passage of the legislation. The amended parliamentary declaration is also more comprehensive and explicit about the parliament's commitment and intent regarding multiculturalism.

Most of the other amendments, which are all minor in nature, relate to the South Australian Multicultural Commission. A new clause 5A—Resources of Multicultural Commission, has been inserted to ensure the commission is appropriately resourced to carry out its functions under the act.

Directly in response to feedback received during the review consultation, there is an additional clause, 6(1a), which provides for the minister to call for expressions of interest before appointing a member to the multicultural commission. I am pleased to inform you that the government implemented a public call for expressions of interest for the recruitment of the new commission members, who will commence their terms on 1 July 2021.

An amendment to clause 6(2) has seen the inclusion of 'backgrounds, gender, lived experiences, age and geographic location' as requiring consideration in appointing members to the commission. Clause 6(3) has been amended to ensure that membership on the commission clearly reflects gender equity.

In terms of the functions of the commission, which are set out in clause 10 of the bill, we have seen the reinstatement of two functions of SAMEAC (ab and ba), which have been slightly reworded to reflect current need. These functions charge the commission, through the minister, with working with state government departments to ensure there is a coordinated approach to multicultural affairs in this state, and to advise on the extent to which services and facilities meet the needs of diverse communities of our state.

Also, in clause 10 of the bill we have seen the inclusion of the word 'multiculturalism' in the function at 10(e) and the word 'intercultural' in the function at 10(f). Clause 12, which enables the commission to establish committees with the approval of the minister to either advise it or carry out functions on its behalf, has been amended to provide for membership of any such committee to be in line with the characteristics sought of commission members.

There is one amendment to the provisions around the South Australian Multicultural Charter. In clause 18(4)(a), the minister must consult with the Commissioner for Aboriginal Engagement in preparing, varying or substituting the charter.

Finally, a transitional clause has been inserted in schedule 1, part 3(1a), to provide for the commission members who were appointed on 1 July 2021 to transfer to the South Australian Multicultural Commission when the new legislation comes into effect.

On behalf of the South Australian government, I thank all those who contributed to the review consultations for your passion and for your interest in modernising our state's multicultural laws. I also thank the current chair, Mr Norman Schueler OAM, and members of the commission for their ongoing contributions to multiculturalism in South Australia.

I extend particular gratitude to our well-known, well-respected and very capable assistant minister, the Hon. Jing Lee MLC, for her hard work and dedication in this area. Assistant Minister Jing Lee is the face of the Liberal government for multicultural affairs, and her commitment to the multicultural community and the South Australian community at large does not go unnoticed. South Australia has been a leader in multicultural affairs legislation for a long time.

As a state with a proud and justified reputation in this area, it is vital that we continue to underpin policies, programs and activities with contemporary legislation. This bill is an important reaffirmation of the importance of multiculturalism to South Australia. It reasserts our government's commitment to continue to serve and deliver for the contemporary South Australian multicultural community.

I commend the bill to members and I seek leave to insert the detailed explanation of clauses in Hansard without my reading them.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines key terms used in this proposed Act.

Part 2—Parliamentary declaration

4—Parliamentary declaration

This clause sets out a series of statements reflecting the wishes of the Parliament in respect of this measure.

Part 3—South Australian Multicultural Commission

5—South Australian Multicultural Commission

This clause establishes the South Australian Multicultural Commission as a body corporate, and provides that the SAMC is subject to the direction and control of the Minister in all but the formulation of advice and reports.

6—Constitution of Multicultural Commission

This clause sets out the composition of the SAMC, and the terms and conditions on which members of the SAMC hold office.

7—Presiding member and deputy presiding member

This clause requires the Minister to appoint a presiding member of the SAMC, and allows the Minister to appoint a deputy presiding member if so desired.

8—Meetings of Multicultural Commission etc

This clause sets out provisions relating to how the SAMC conducts its meetings.

9—Remuneration

This clause provides that members of the SAMC are entitled to remuneration, allowances and expenses, with the Minister to determine such matters.

10—Functions

This clause sets out the functions of the SAMC under the proposed Act.

11—Delegation

This clause is a standard power of delegation.

12—Committees

This clause allows the SAMC to establish committees.

13—Conflict of interest under Public Sector (Honesty and Accountability) Act

This clause clarifies that certain common interests of members of the SAMC will not constitute a conflict of interest under the Public Sector (Honesty and Accountability) Act 1995.

14—Annual reporting

This clause requires the SAMC to report annually to the Minister.

15—Use of staff etc of Public Service

This clause enables the SAMC to use the staff etc of administrative units pursuant to an agreement with the Chief Executive of that administrative unit.

16—Principles guiding consultation under Act

This clause sets out how consultation under the proposed Act is to be conducted by the SAMC.

17—Multicultural Commission to provide report to Minister etc

This clause enables the Minister to require the SAMC to prepare and provide a report to the Minister in relation to the performance of the SAMC's functions, or on other specified matters.

Part 4—South Australian Multicultural Charter

18—South Australian Multicultural Charter

This clause requires the Minister, in consultation with the SAMC, to prepare the South Australian Multicultural Charter, and sets out how the charter is to be prepared and published.

19—Statutory duty of State authorities in respect of Charter

This clause provides that each State authority, as defined, must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the South Australian Multicultural Charter.

Part 5—Miscellaneous

20—Regulations

This clause is a standard regulation making power.

Schedule 1—Repeal and transitional provisions etc

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Repeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980

2—Repeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980

This clause repeals the South Australian Multicultural and Ethnic Affairs Commission Act 1980.

Part 3—Transitional and savings etc provisions

3—South Australian Multicultural and Ethnic Affairs Commission dissolved

This clause dissolves the South Australian Multicultural and Ethnic Affairs Commission on the commencement of clause 2 of this Schedule, and transfers all assets, rights and liabilities of the Commission to the Minister. The clause also extends the appointments of current members of the SAMEAC as initial members of the new Commission.

Debate adjourned on motion of Hon. R.P. Wortley.