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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
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Bills

Aboriginal Representative Body Bill

Introduction and First Reading

The Hon. S.S. MARSHALL (Dunstan—Premier) (16:06): Obtained leave and introduced a bill for an act to give Aboriginal people a voice that will be heard by the Parliament of South Australia, the cabinet, state authorities and other persons and bodies, to establish the Commissioner for Aboriginal Engagement, to establish the Aboriginal representative body, to repeal the Aboriginal Lands Parliamentary Standing Committee Act 2003, to make a related amendment to the Parliamentary Committees Act 1991, and for other purposes. Read a first time.

Second Reading

The Hon. S.S. MARSHALL (Dunstan—Premier) (16:07): I move:

That this bill be now read a second time.

This is a bill to establish an Aboriginal representative body and a legislative framework for an Aboriginal voice to the South Australian parliament and to government. The initiative in this bill represents a landmark in the social and political development of our state and our people and an important step in the national journey towards reconciliation.

The Aboriginal nations of this continent have a rich and proud history spanning tens of millennia. When the British parliament passed legislation in 1834 and 1836 to establish the province of South Australia, the original intention was that the rights of Aboriginal peoples living in this land would not be adversely affected. Tragically, the opposite happened. For the traditional owners and First Nations peoples, the physical and social and spiritual effects wrought by the coming of Europeans were and have continued over successive generations to be devastating.

In more recent decades, there has been a gradual recognition of these effects and the need to address them at the state level alongside national measures. From the 1960s, a significant area of focus in South Australia was land rights. Areas of land were vested in Aboriginal South Australians by the Aboriginal Lands Trust Act 1966, now the 2013 act, and the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 and the Maralinga Tjarutja Land Rights Act 1984.

In 1988, the need to protect and preserve Aboriginal culture was recognised with the enactment of the Aboriginal Heritage Act 1988. In 2013, the Constitution Act 1934 was amended to include a formal statement recognising Aboriginal peoples as the first peoples and nations of South Australia. In addition to these legislative actions, in 1997 the South Australian parliament was the first in the nation to make an apology to the stolen generations, but further measures are needed. Our First Nations require and deserve a seat at the table in our representative system of government.

The national discussion about the needs for a First Nations' voice speaking to government and parliament has been gaining momentum, especially since the Uluru Statement from the Heart in 2017. There is a clear call for government at all levels to better engage with Australia's First Nations peoples and to find ways to formally include their voice at the highest levels of decision-making.

In the National Agreement on Closing the Gap 2020, our state, along with all other Australian governments, committed to building and strengthening structures that empower Aboriginal and Torres Strait Islander people to accelerate progress in Closing the Gap. While the national conversation is still underway, this bill seeks to answer the call to include the voice of Aboriginal South Australians at the highest level of our state system of government. It will also provide an opportunity to link with any scheme that may be created at the commonwealth level for a voice to the national parliament.

The bill provides for a formal, ongoing, regular dialogue between a body representing all Aboriginal and Torres Strait Islander peoples in this state and both the South Australian parliament and the executive government. It may be thought that existing mechanisms are sufficient. The South Australian Aboriginal Advisory Council, the Commissioner for Aboriginal Engagement and the South Australian Aboriginal Community Controlled Organisation Network all work well to represent the Aboriginal community to government.

While their work is important and highly valued, these bodies are administrative creations. Their existence and the influence of their advice depend on the discretion of the government of the day, and their independence from government may be perceived to be limited. This bill will establish an Aboriginal body whose existence, functions and independence will be enshrined in law.

The model for this body was developed through broad consultation conducted by the Commissioner for Aboriginal Engagement, Dr Roger Thomas. As Dr Thomas reported in his historic address and report to this parliament last December, he consulted with Aboriginal communities across the state in 2018 and 2019. Further consultation has been undertaken with Aboriginal bodies and individuals this year. Overall, the feedback has been positive and supportive of a model for legislative representation.

The bill establishes an Aboriginal representative body (ARB) as an independent, statutory body. Its role will be to seek the views of all Aboriginal South Australians on matters of concern and interest to them and to present those views and provide advice about them to parliament and government through formal meetings and reporting channels. The ARB will not affect the operation of other state and commonwealth laws relating to specific subjects, such as native title, South Australian and Aboriginal lands and Aboriginal heritage.

The ARB's focus will be on all other matters of statewide, regional and local significance to the economic, social and spiritual wellbeing of Aboriginal South Australians. The bill also establishes the Commissioner for Aboriginal Engagement as a statutory office with the same high-level policy, advocacy and advisory functions currently vested in that position. Both the ARB and the commissioner will be independent of direction or control by the Crown or any minister or office of the Crown.

The composition of the ARB is designed to be broadly representative of Aboriginal South Australians and inclusive of their diversity. It will comprise the Commissioner for Aboriginal Engagement as the ex officio presiding member, five members elected from five geographic wards across the state, five members appointed on the recommendation of a panel convened by the ARB and two members appointed on the nomination of the governing bodies of Anangu Pitjantjatjara Yankunytjatjara and Maralinga Tjarutja.

All ARB positions will be for terms of up to three years. The bill contains transitional provisions that will allow the ARB established upon commencement of the act to comprise up to 13 members, who will be appointed by the Governor on the recommendation of the commissioner. This transitional ARB will prepare an Aboriginal electoral roll for use by the Electoral Commissioner, who will be the returning officer for ARB elections.

The first election must occur on or before 22 December 2022, or otherwise on a date prescribed by the regulations. Excluding Anangu Pitjantjatjara Yankunytjatjara and Maralinga Tjarutja lands, the state has been divided into five wards designed to broadly reflect communities of common interest and relative populations but with boundaries that may be reviewed and altered by regulation if required.

An individual may vote in an ARB election if he or she is an Aboriginal person aged 18 years or more and has resided in one of the five wards for at least three months immediately prior to the closing date for the relevant election.

Eligibility to stand as a candidate for election is based on the same criteria as eligibility to vote plus a prescribed criminal history check. While the election provides for direct representation of Aboriginal South Australians on a regional basis, the ARB will also include five appointed positions to ensure that the diversity of the Aboriginal community is always represented as fully as possible.

Accordingly, the bill requires that the ARB membership must include at least one elder and one person under the age of 25, and that appointments must be made having regard to the desirability of achieving gender balance.

The bill establishes formal legal requirements for the exchange of information and communication of advice between the ARB and both the parliament and the government. The aim is to ensure that policy developments and initiatives that may affect Aboriginal South Australians have regard for their concerns and perspectives.

The ARB's voice to parliament will be established through a new parliamentary standing committee. The Aboriginal Lands Parliamentary Standing Committee Act 2003 will be repealed and replaced by the new Aboriginal Affairs and Representation Standing Committee established by an amendment to the Parliamentary Committees Act 1991. The new standing committee will retain the functions of the previous committee but will also have the new function of inquiring into matters referred to it by the ARB.

The standing committee will meet with the ARB at least four times a year. The ARB may, by notice in the Gazette, refer to the standing committee for inquiry any matter that is relevant to the ARB's functions. It may also provide to the standing committee for presentation to parliament reports on any matters relevant to its functions. While the standing committee itself must report to parliament annually on the operation of the ARB legislation, this mechanism does not create a third chamber in the parliament.

Instead, it creates a legislated channel for communication between the ARB and the parliament through the medium of a new parliamentary standing committee whose function will require it to liaise regularly with the ARB. The bill provides for ARB engagement with executive government by requiring the establishment, in consultation with the ARB, of a committee of ministers, which must include the Premier, the Attorney-General and the Minister for Aboriginal Affairs.

The ARB will meet with the ministerial committee at least four times a year and with cabinet twice a year. The ARB may provide reports to the ministerial committee for submissions to cabinet on any matters relating to its functions. This engagement structure is completed with a chief executives committee representing each administrative unit of the Public Service. This committee must also meet with the ARB at least four times a year.

The ARB may provide reports to state agencies through the relevant chief executives and may, by written notice, require a state agency to prepare and provide a report on any matter that would assist the ARB in performing its functions.

It is nearly a decade since South Australia acknowledged in our constitution the unique and fundamental place of our First Nations peoples in our state, the past injustices that they have suffered and the importance of their ongoing contribution to the life of our state. It is time to build on what constitutional recognition means to create a real place for Aboriginal South Australians within our state system of representative government. It is time to make room for a First Nations voice in the business of government.

Representative democracy is fundamental to our way of life, and we value the principle of equal opportunity to participate in our system of governance. This will not diminish our system of representative government in any way for any of our citizens. The ARB will not be part of parliament nor of executive government.

With this bill we create formal, legal communication channels through which a representative body of Aboriginal South Australians can speak to the heart of our system of government with reciprocal obligations to listen. In doing so, we will strengthen and enrich the life of our state and the way in which we are governed. In commending this bill to the house, I seek leave to have the detailed explanation of clauses inserted in Hansard without my reading it.

Leave granted.

EXPLANATION OF CLAUSES

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause is formal.

3—Interpretation

This clause defines terms used in the measure.

4—Aboriginal persons

This clause establishes that a person will be taken to be an Aboriginal person, or to be Aboriginal, if they are biologically descended from the persons who inhabited Australia before European settlement.

A reference to an Aboriginal person includes a reference to a Torres Strait Islander.

5—Aboriginal elders

This clause establishes that a reference to an Aboriginal elder is a reference to a person of Aboriginal descent who is at least 60 years of age, or who is recognised by a particular community as an Aboriginal elder in accordance with the traditions of that community.

6—Interaction with other Acts and laws

This clause sets out the interaction of the measure with the Public Finance and Audit Act 1987 and the Equal Opportunity Act 1984.

Part 2—Purposes and principles of Act

7—Purposes of Act

This clause sets out the purposes of the measure. The primary purpose of the measure is to provide Aboriginal persons with a voice to the South Australian Parliament, Cabinet, State authorities and other persons and bodies.

8—Principles to be observed in operation of Act

This clause establishes various principles that are, subject to the measure, applicable in relation to the operation and administration of the measure.

9—Aboriginal Representative Body to represent views of all Aboriginal persons in South Australia

This clause establishes that the Aboriginal Representative Body created by the measure is, as far as is reasonably practicable, to represent the views of all Aboriginal persons in South Australia.

10—Aboriginal Representative Body and committees to work together to ensure Aboriginal voice is heard

This clause requires the Aboriginal Representative Body to work cooperatively with the Aboriginal Affairs and Representation Committee, as well as the Ministerial Committee and Chief Executives committee established by the measure, to ensure the views of Aboriginal persons are heard and considered by the Parliament and government of South Australia and other relevant persons and bodies.

Part 3—Commissioner for Aboriginal Engagement

11—Commissioner for Aboriginal Engagement

This clause requires that there be a Commissioner for Aboriginal Engagement.

12—Appointment of Commissioner

This clause sets out how the Commissioner is to be appointed and removed from office and provides that the Commissioner must be an Aboriginal person.

13—Functions of Commissioner

This clause sets out the functions of the Commissioner.

14—Appointment of acting Commissioner

This clause enables the Governor to appoint an acting Commissioner and provides that the acting Commissioner must be an Aboriginal person.

15—Interaction with Public Sector (Honesty and Accountability) Act

This clause establishes the interaction of the Commissioner, or any person acting as the Commissioner, with the Public Sector (Honesty and Accountability) Act 1995.

16—Delegation

This clause allows the Commissioner to delegate certain functions and powers under the measure.

17—Staff and resources

This clause requires the Minister to provide the Commissioner with the staff and resources they reasonably need to carry out their functions under the measure.

18—Annual report

This clause requires the Commissioner to report to the Minister each year, and requires the Minister to lay the annual report of the Commissioner before Parliament.

Part 4—Aboriginal Representative Body

Division 1—Aboriginal Representative Body

19—Establishment of Aboriginal Representative Body

This clause establishes the Aboriginal Representative Body.

20—Independence of Aboriginal Representative Body

This clause establishes that the Aboriginal Representative Body is independent of direction and control by the Crown, or a Minister or officer of the Crown.

21—Composition of Aboriginal Representative Body

This clause outlines the composition of the Aboriginal Representative Body, including identifying the numbers of both elected and appointed members, and establishes certain requirements that must be met such as a requirement that at least 1 member be an Aboriginal elder, and 1 a young person.

22—Presiding member and deputy presiding member

This clause establishes how the presiding and deputy presiding members of the Aboriginal Representative Body are to be determined.

23—Remuneration, allowances and expenses

This clause establishes that a member of the Aboriginal Representative Body is entitled to such remuneration, allowances and expenses as may be determined by the Minister.

24—Term of office

This clause establishes the length of terms of office for members of the Aboriginal Representative Body, and whether they are eligible to be re-elected or reappointed.

It also establishes a term limit of 7 years.

25—Vacancies

This clause outlines how the office of a member of the Aboriginal Representative Body may become vacant, and the process for filling a vacancy.

26—Interaction with Public Sector (Honesty and Accountability) Act

This clause outlines the interaction of the Aboriginal Representative Body with the Public Sector (Honesty and Accountability) Act 1995.

27—Functions and powers of Aboriginal Representative Body

This clause sets out the functions and powers of the Aboriginal Representative Body. The Aboriginal Representative Body must, in carrying out its functions, endeavour to represent the views of all Aboriginal persons in the State.

28—Procedures of Aboriginal Representative Body

This clause establishes the procedures of the Aboriginal Representative Body.

29—Committees

This clause empowers the Aboriginal Representative Body to establish committees.

30—Delegation

This clause allows the Aboriginal Representative Body to delegate a function or power under the measure to either a member of the Aboriginal Representative Body or a committee of the Aboriginal Representative Body.

31—Resources

This clause requires the Minister to provide the Aboriginal Representative Body with the resources it reasonably needs to carry out its functions under the measure.

32—Use of staff etc of Public Service

This clause allows the Aboriginal Representative Body, by agreement with the Minister responsible for an administrative unit of the Public Service, to make use of the staff, equipment or facilities of that administrative unit.

33—Accounts and audit

This clause requires the Aboriginal Representative Body to maintain proper accounting records in respect of its financial affairs, and must have annual statements of account prepared in respect of each financial year.

The Auditor-General may at any time, and must once a year, audit the Aboriginal Representative Body's accounts.

Division 2—Elections of members of Aboriginal Representative Body

34—First elections of members of Aboriginal Representative Body to be held by prescribed date

This clause requires the first election of members of the Aboriginal Representative Body to be held by a certain date.

35—Conduct of elections of members of Aboriginal Representative Body

This clause establishes how the elections of members of the Aboriginal Representative Body are to be conducted.

Division 3—Secretariat

36—Secretariat

This clause establishes the secretariat for the Aboriginal Representative Body, which will consist of whichever Public Sector employees are assigned or appointed to the secretariat.

Division 4—Annual report and other reporting

37—Annual report

This clause requires the Aboriginal Representative Body, on or before 31 October each year, to prepare a report on the operations of the Aboriginal Representative Body during the preceding financial year, and to present it to the President of the Legislative Council, the Speaker of the House of Assembly and the Minister. The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving an annual report, lay it before their respective Houses.

38—Special reporting obligations

This clause requires the Aboriginal Representative Body to prepare reports on any matter relevant to its functions at the written request of the Minister, and in such a form and within such a period as is requested by the Minister.

Part 5—Interaction with Parliament of South Australia

39—Purpose and application of Part

This clause outlines the purpose of this Part.

40—Aboriginal Representative Body and Aboriginal Affairs and Representation Committee to meet regularly

This clause requires the Aboriginal Representative Body and the Aboriginal Affairs and Representation Committee to meet at least 4 times per calendar year, unless the presiding members agree that it is not reasonably practicable for a meeting to go ahead and to reschedule the meeting within the relevant year.

The procedures at a meeting will be as determined by the Aboriginal Representative Body and the presiding member of the Aboriginal Affairs and Representation Committee.

41—Aboriginal Representative Body may refer matter to Aboriginal Affairs and Representation Committee

This clause allows the Aboriginal Representative Body, by notice in the Gazette, to refer a matter that is relevant to the functions of the Aboriginal Affairs and Representation Committee to that Committee.

42—Aboriginal Representative Body may present report to Parliament through Aboriginal Affairs and Representation Committee

This clause allows the Aboriginal Representative Body to prepare and provide to the Aboriginal Affairs and Representation Committee, reports for presentation to Parliament on any matter relating to the functions of the Aboriginal Representative Body under the measure or any other Act. The presiding member of the Aboriginal Affairs and Representation Committee must, within 6 sitting days after receiving such a report, cause it to be laid before both Houses of Parliament.

43—Aboriginal Affairs and Representation Committee to report annually to Parliament

This clause requires the Aboriginal Affairs and Representation Committee, on or before 31 December each year, to report on the operation of the measure to its appointing Houses during the preceding 12 months.

Part 6—Interaction with South Australian Government

Division 1—Preliminary

44—Purpose and application of Part

This clause outlines the purpose of this Part.

Division 2—Meeting with Cabinet and Ministerial Committee etc

45—Premier to establish Ministerial Committee

This clause requires the Premier to establish a committee of Ministers for the purposes of the measure. It requires the Premier to consult with the Aboriginal Representative Body with a view to determining which Ministers should constitute the committee, and requires that it include the Premier, the Attorney-General, and the Minister.

46—Both Cabinet and Ministerial Committee to meet regularly with Aboriginal Representative Body

This clause outlines the number of meetings that must take place each year between Cabinet and the Aboriginal Representative Body as well as the Ministerial Committee and the Aboriginal Representative Body. It establishes when it is acceptable to meet fewer times than otherwise would be required, and establishes how procedures for the meetings are to be determined.

47—Aboriginal Representative Body may submit report to Cabinet through Ministerial committee

This clause allows the Aboriginal Representative Body to prepare and provide to the Ministerial Committee, reports for submission to Cabinet on any matter relating to the functions of the Aboriginal Representative Body under the measure or any other Act. The presiding member of the Ministerial Committee must, within 3 months after receiving such a report, cause it to be laid before Cabinet.

48—Protection of communications etc with Ministerial committee

This clause establishes that, for the purposes of the Freedom of Information Act 1991 or any other Act or law, any information and documents prepared for, or provided to, the Ministerial Committee by the Aboriginal Representative Body will be taken to have been specifically prepared for submission to Cabinet.

Division 3—Meeting with State authorities

49—Premier to establish Chief Executives committee

This clause requires the Minister to create a Chief Executives Committee for the purposes of the measure, which comprises of the Chief Executive of each administrative unit of the Public Service.

50—Aboriginal Representative Body and Chief Executives Committee to meet regularly

This clause outlines the number of meetings that must take place each year between the Chief Executives Committee and the Aboriginal Representative Body. It establishes when it is acceptable to meet fewer times than otherwise would be required, and establishes how procedures for the meetings are to be determined.

51—Aboriginal Representative Body may present report to State authority through Chief Executives committee

This clause allows the Aboriginal Representative Body to prepare and provide to the Chief Executives Committee, reports for presentation to the relevant State authority or State authorities on any matter relating to the functions of the Aboriginal Representative Body under the measure or any other Act. The presiding member of the Chief Executives Committee must, as soon as is reasonably practicable after receiving such a report, cause it to be laid before the relevant State authority or State authorities.

Part 7—Information gathering

52—Aboriginal Representative Body may require State authority to provide report

This clause empowers the Aboriginal Representative Body to require a State authority to provide a report if the Aboriginal Representative Body believes it is necessary, or would assist it in performing its functions under the measure, and establishes the consequences of non-compliance.

Part 8—Miscellaneous

53—Obstruction etc

This clause requires that a person must not, without reasonable excuse, obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the Aboriginal Representative Body, a member of the Aboriginal Representative Body, a member of the secretariat or any other person in the performance of their duties or functions under the measure. The proposed maximum penalty is $10,000.

54—False or misleading statements

This clause requires a person to not make a statement that is false or misleading in a material particular in information provided under the measure. The proposed maximum penalty is $10,000.

55—Confidentiality

This clause requires persons who obtained information in the course of the administration of the measure not to divulge any such information except in certain circumstances. The proposed maximum penalty is $10,000.

Any information disclosed under this clause must not be used for any other purpose by the person to whom it is disclosed, or by any other person who gains access to the information as a result of the disclosure. The proposed maximum penalty is $10 000.

56—Victimisation

This clause is a standard victimisation clause protecting people who provide information under the measure.

57—Protections, privileges and immunities

This clause confers protections from liability on the Aboriginal Representative Body, members of the Aboriginal Representative Body or any other person for any act or omission in good faith in the exercise of functions or powers under the measure and establishes that a person who provides information or a document to the Aboriginal Representative Body under the measure has the same protections as a witness in the Supreme Court.

A person who acts in accordance with the measure, or as they are required or authorised to under the measure, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.

58—Service

This clause outlines how documents may be served on a person for the purposes of the measure.

59—Review of Act

This clause requires the Minister to cause a review of the operation of the measure to be undertaken, and a report on the review to be prepared and submitted to the Minister. It outlines the requirements of the review.

The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receiving the report.

60—Regulations and fee notices

This clause provides power to make regulations and to prescribe fees by fee notice.

Schedule 1—Wards

1—Constitution of wards for elections

This clause establishes the boundaries of the wards that will be used in the elections for the Aboriginal Representative Body under the measure.

Schedule 2—Rules of election Part 1—Returning officer

1—Returning officer

This clause establishes that the Electoral Commissioner will be the returning officer for elections under the measure, and that they may appoint 1 or more electoral officials to assist them in conducting the election.

2—Distribution of information

This clause establishes that the returning officer is responsible for publicity of an election in each ward and outlines what that requires.

Part 2—Voters roll

3—Voters roll

This clause requires the Aboriginal Representative Body to establish, prepare and maintain a voters roll for the purposes of each election under the measure. It outlines the requirements of the voters roll, who is eligible to be enrolled and what information the roll must contain in relation to each enrolled person.

The clause allows the Aboriginal Representative Body to appoint such number of electoral registrars as it thinks appropriate. These registrars must assist in the preparation of the voters roll according to any requirements of the Aboriginal Representative Body.

Part 3—Eligibility and nomination for election to Aboriginal Representative Body

4—Nominations for office of member of Aboriginal Representative Body

This clause establishes the process for a person to nominate for an office of member of the Aboriginal Representative Body, as well as who is eligible to nominate.

5—Eligibility to vote in elections

This clause establishes who is eligible to vote in elections in relation to a ward.

Part 4—General rules relating to an election

6—Election timetable

This clause establishes that the returning officer will determine the period and times when voting will occur. The period for voting must be the same in each ward and must be between 1 and 7 days (inclusive).

7—Uncontested elections

This clause establishes that where only 1 nomination for a given office is received, the returning officer will, subject to the Schedule, declare the candidate duly elected.

8—Voting

This clause establishes the process to be followed if there are 2 or more nominations for a given office.

9—Postal voting may be used

This clause establishes that postal voting may be used in an election under the measure in accordance with the rules and procedures established by the returning officer in consultation with the Aboriginal Representative Body.

10—Counting of votes

This clause establishes how the counting of votes is to be performed.

Part 5—Declaration of results

11—Provisional declarations

This clause establishes that when the result of the election has become apparent, the returning officer must make a provisional declaration of the result.

12—Recounts

This clause outlines in what circumstances a recount of the votes may be requested and what procedure is to be followed in performing a recount.

13—Declaration of results and certificate

This clause establishes the procedure that is to be followed if either a recount has been made, or the period in which a recount can be requested has expired.

Part 6—Supplementary elections on failure of election

14—Supplementary elections on failure of election etc

This clause sets out that a supplementary election may be required to be held, after consultation with the Aboriginal Representative Body and the returning officer, if an election fails for certain reasons.

Part 7—Disputed Returns

15—Constitution of Court

This clause requires that there be a Court of Disputed Returns for the purposes of the measure that is constituted of a District Court Judge.

16—Clerk of Court

This clause requires that there be a clerk of the Court appointed by the Chief Judge of the District Court.

17—Jurisdiction of Court

This clause sets out the jurisdiction of the Court.

18—Procedure upon petition

This clause sets out the requirements for a petition to the Court.

19—Powers of Court

This clause sets out the powers of the Court.

20—Effect of decision

This clause outlines the effect of the decision of the Court.

21—Right of appearance

This clause provides that a party to proceedings before the Court may appear personally or be represented by counsel.

22—Case stated

This clause allows the Court to state a question of law for the opinion of the Court of Appeal.

23—Costs

This clause allows the Court to make orders for costs, sets out circumstances in which any costs must be awarded against the Crown and provides that an order for costs may be enforced as an order of the District Court.

24—Rules of Court

This clause sets out the rules that the Chief Judge of the District Court may make in respect of the Court.

Schedule 3—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Amendment of Parliamentary Committees Act 1991

2—Amendment of section 3—Interpretation

This clause inserts a definition of Aboriginal Representative Body into the principal Act.

3—Insertion of Part 5F

This clause inserts new Part 5F into the principal Act.

Part 5F—Aboriginal Affairs and Representation Committee

Division 1—Establishment and membership of Committee

15P—Establishment of Committee

This clause establishes the Aboriginal Affairs and Representation Committee as a committee.

15Q—Membership of Committee

This clause outlines the membership of the Aboriginal Affairs and Representation Committee.

Division 2—Functions of Committee

15R—Functions of Committee

This clause sets out the functions of the Aboriginal Affairs and Representation Committee.

15S—Committee to meet regularly with Aboriginal Representative Body

This clause requires the Aboriginal Affairs and Representation Committee to comply with the meeting requirements outlined in the measure.

Part 3—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003

4—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003

This clause repeals the Aboriginal Lands Parliamentary Standing Committee Act 2003.

Part 4—Transitional provisions

5—Composition of first Aboriginal Representative Body

This clause outlines the composition of the first Aboriginal Representative Body following the commencement of the measure.

6—Incomplete reviews etc of Aboriginal Lands Parliamentary Standing Committee to continue

This clause establishes that any reviews, inquiries or other matters being undertaken by, or that had been referred to, the Aboriginal Lands Parliamentary Standing Committee but had not been completed or reported on before the commencement of this clause will be taken to continue as a review, inquiry or other matter (as appropriate) of the Aboriginal Affairs and Representation Committee.

Debate adjourned on motion of Hon. A. Koutsantonis.

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