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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-11 Daily Xml
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NOT-FOR-PROFIT SECTOR FREEDOM TO ADVOCATE BILL

Introduction and First Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (12:55): Obtained leave and introduced a bill for an act to prohibit state agreements from restricting or preventing not-for-profit entities from commenting on, advocating support for or opposing changes to state law, policy or practice; and for other purposes. Read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (12:57): I move:

That this bill be now read a second time.

The proposed Not-For-Profit Sector Freedom to Advocate Bill 2013 will promote the already strong partnership between the South Australian government and the not-for-profit sector. The bill, if enacted, would prohibit state agreements restricting or preventing not-for-profit entities from commenting on, advocating support for or opposing changes to state law, policy or practice.

This bill is based on a commonwealth act for the same purpose that received bipartisan support when it was considered by the commonwealth parliament earlier this year. The South Australian government recognises that a strong, independent and innovative not-for-profit sector is essential to building an inclusive community. The not-for-profit sector in South Australia provides services to some of our most marginalised and disadvantaged individuals, families and communities. The government's partnership with the sector is essential to the achievement of its social policy objectives.

The not-for-profit sector has a critical role in developing and commenting on public policy. The provision of funding to not-for-profit entities should not prohibit such comment. South Australian government policy already prohibits the use of gag clauses in grant agreements. However, the government is committed to ensuring that the not-for-profit sector's freedom to advocate is protected in law.

The bill, if enacted, will apply to all state government agreements with the not-for-profit sector, regardless of whether they were entered into before or after the commencement of the legislation. It will render void and have no effect on any clauses in state agreements, that is, agreements between a state government agency and a not-for-profit entity, that purport to gag the not-for-profit entity. The bill should be supported, we believe, as it protects the rights of the not-for-profit sector to engage in honest and frank public discourse on matters of government policy. I commend the bill to the members.

Debate adjourned on motion of Hon. D.W. Ridgway.

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