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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-02-09 Daily Xml
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Bills

First Nations Voice Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (11:02): Obtained leave and introduced a bill for an act to give First Nations people a voice that will be heard by the Parliament of South Australia, the Government of South Australia and other persons and bodies, to establish Local First Nations Voices and the State First Nations Voice, to repeal the Aboriginal Lands Parliamentary Standing Committee Act 2003, to amend the Constitution Act 1934, and for other purposes. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (11:03): I move:

That this bill be now read a second time.

In doing so, I acknowledge the traditional owners of this land. When in this chamber, we are on the lands of the Kaurna people, the traditional owners and custodians, who have thrived and lived in balance on this land for thousands of generations. Where we are now, on Kaurna country, this whole state, the whole of this nation, always was and always will be Aboriginal land. I extend my respect to the Kaurna people, as well as to all Aboriginal and Torres Strait Islander people across the state.

I am pleased that so many Aboriginal leaders and community members who have contributed on this bill have chosen to come to parliament today. I am grateful for your longstanding willingness to walk together with this and other governments and with the broader South Australian community. It is only when we work together that we can really make a difference. As my friend Senator Pat Dodson has said:

Reconciliation is a journey for all Australians. When we acknowledge our history and share the load, we help to unburden each other and the healing together begins.

In the decades and centuries gone by, the laws of our state and those of the colony that preceded it have done so much to disadvantage, discriminate against and disempower Aboriginal people. Today, this government seeks to use the laws of our state to achieve exactly the reverse.

I have worked in and around Aboriginal affairs for more than two decades now. I have had the privilege, both as the South Australian Minister for Aboriginal Affairs and in earlier roles, to be involved with a range of legislation, programs and initiatives created to support Aboriginal people and Aboriginal communities.

In all my experiences, the one thing I am absolutely certain of is that services, programs and legal mechanisms that are created for Aboriginal people only work properly when Aboriginal people are directly involved in their design. Far too often in our history post-colonisation, it has been the practice of governments at every level not to invite, and quite often not to permit, Aboriginal people to be included in, or contribute to, the decisions that directly affect their lives. This means decisions have been made for Aboriginal people and not with them.

The legislation I introduce today seeks to change that. Whether driven by well-intentioned ignorance or deliberate cruelty, the practice of excluding Aboriginal people from the decisions that affect them has, in our history, at best stood in the way of progress. At worst, it has been used as a tool of oppression and brutality, enshrining intentionally harmful policies in law, destroying families, communities and culture.

Governments across every state and territory of our nation have failed to appropriately include and consult Aboriginal people for far too long. In May 2017, when the Uluru Statement from the Heart was released after many dozens of dialogues throughout the country, the momentum and good faith that had been built around a shared intention to make meaningful change for First Nations people filled so many with the vivid hope that real progress was imminent.

For me, I remember—a few months after that Uluru Statement was handed down in August 2017—being on Gumatj country in northeast Arnhem Land at the Garma festival with the then Prime Minister, the then opposition leader and many other government and First Nations leaders who shared that hope. There was an air of elated anticipation, so potent you could almost reach out and grasp it. We had arrived at an unprecedented moment in our history, a moment of opportunity for enduring change. The Uluru Statement from the Heart graciously showed us the path to arrive at the future we envisaged.

The Uluru Statement is, as Minister Linda Burney has said, 'a generous invitation to the Australian people to walk together'. That invitation was extended with gracious openness and a hope it would be received by the Australian people in a similar spirit. The despair that followed later that year when the federal government rejected the Voice to Parliament proposed in the Uluru Statement was devastating. It was devastating for First Nations communities around the nation and, indeed, for any Australian who wished to see change and wished to see that respect and courtesy given.

I remember on the Sunday after the 2019 federal election, talking through tears of disappointment with Senator Dodson, lamenting the opportunity this nation had lost. It was not long after, in discussions with then opposition leader and now Premier, the Hon. Peter Malinauskas, that we decided we could not wait for the possibility of a federal government that would enact the Uluru Statement. That is why we (the now South Australian government) from opposition, as one of our very first policies, committed to the full implementation of the Uluru Statement from the Heart at a state level.

We committed to take the significant and fundamentally important steps to begin to reverse the disenfranchisement and disempowerment of South Australian Aboriginal people that the Uluru Statement invited us to take. With the introduction of this bill, we open the door to a historic change. We can become the first jurisdiction in the nation to legislate for a Voice to Parliament and a Voice to government for First Nations people, empowering them to shape decisions, instead of being subject to them.

Historically, South Australia has led the nation in reforms and legislation for Aboriginal people. It has been a proud cross-partisan tradition that we seek to build on today. Then Attorney-General and Minister for Aboriginal Affairs Don Dunstan's Aboriginal Lands Trust Act 1966 conferred the first major recognition of Aboriginal land rights by any Australian government. The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was enacted during Premier David Tonkin's administration, providing Aboriginal people the right to claim their ancestral lands and to protect their cultural heritage. That was followed by the Maralinga Tjarutja Land Rights Act in 1984.

Then Minister for Aboriginal Affairs Dean Brown apologised to the stolen generations only two days after the handing down of the Bringing Them Home report in federal parliament in May of 1997. We were the first mainland state to implement a Stolen Generations Reparations Scheme. We were the first jurisdiction in the nation to begin Treaty negotiations. These moments of leadership have occurred when we have listened to the voices of South Australian Aboriginal people. Now we are poised to lead the nation again, and make no mistake, the nation will be watching very closely ahead of the referendum to be held later this year.

Now is our chance to demonstrate that First Nations Voices should be a consistent leading force to achieve better outcomes and drive meaningful change. It gives us a powerful opportunity to send a powerful message about the recognition and respect First Nations people deserve in this state and in this nation. It must be a voice that is listened to and considered and one that is recognised for the unique perspective it provides, which is underpinned by its authority of culture and experience.

This legislation has been shaped by extensive consultation aimed at ensuring the Voice will be robust, informed and inclusive. In July last year, Mr Dale Agius was appointed as South Australia's inaugural Commissioner for First Nations Voice. The commissioner led two rounds of engagement with First Nations people around our state on both the concept and the design of the model. The first round of engagement occurred between August and October last year. Dozens of sessions with hundreds of Aboriginal people and organisations were held across the state, from the APY lands to Ceduna to Mount Gambier to many points in between.

These processes and the commissioner's subsequent engagement report informed the development of the First Nations Voice Bill 2022. A draft was released for a further round of engagement sessions and online engagement between November last year and January this year. During the rounds of community engagement, there was a strong and consistent discussion around the key principles that should inform the design of the Voice. Some of these key principles were:

the Voice must be underpinned by self-determination and, as such, representatives must be chosen by First Nations communities themselves;

the Voice must come from the grassroots level and be able to speak for local issues; and

the Voice must reflect the diversity of First Nations communities. It must reflect regional issues and it must speak for men's and women's issues as well as for elders and young people.

These principles and the key issues raised during both rounds of engagements have closely informed the final version of the bill that I introduce today. In particular, the bill provides for representation at the local level and the state level that reflects the diversity amongst First Nations people and ensures the voices of First Nations people in South Australia are heard directly by this parliament and by the South Australian government.

I now turn to some of the detail of the bill itself. Part 1 of the bill sets out important preliminary matters. In response to feedback from engagement sessions, the definitions of 'Aboriginal person' and 'country' have been replaced with 'First Nations person' and 'traditional owner'. The definition of 'First Nations person' adopts the tripartite test as set out by Justice Brennan in Mabo v Queensland (No. 2) and is commonly used by governments all around Australia. A reference to a traditional owner in relation to a particular place is now modelled on references in other legislation.

Two new clauses have been included in part 1 of the bill in response to concerns raised about the interaction of the Voice with other bodies and agreements already in existence. Clause 7 makes it clear that the Voice does not limit or otherwise affect:

the functions of any First Nations persons or bodies under any other act or law; or

an agreement or arrangement entered into or relating to First Nations persons or bodies, such as native title agreements; or

anything that First Nations persons or bodies can do in accordance with First Nations tradition.

Clause 8 makes it clear that this bill is intended to be read in conjunction with and to complement the provisions of any other act that implements measures to progress Truth and Treaty, as contemplated in the Uluru Statement from the Heart.

Part 2 of the bill sets out the structure and functions of the Voice at a local level. Regions will be established within South Australia that will be represented by independent First Nations Voices with elected members. Pursuant to clauses 10 and 11 of the bill, the number of regions and the number of members that make up these Local First Nations Voices will be prescribed by regulation.

Local First Nations Voices will engage with local communities in order to determine matters of interest to First Nations people in its region and communicate those to the State First Nations Voice. This process will be a collaborative process with the State First Nations Voice.

Local First Nations Voices will also have a discretion to collaborate and assist public sector agencies and other organisations in the development of policies and procedures, and engage with local government and other organisations on matters of interest to First Nations people in that region.

Part 3 of the bill sets out the structure and functions of the Voice at a state level. The membership of the State First Nations Voice will be comprised of the joint presiding members, who must be of different genders, of each Local First Nations Voice. This State First Nations Voice will represent the diversity of First Nations people in South Australia and is the body that will formally interact with the South Australian parliament and the South Australian government.

In response to feedback, which sought greater recognition and representation for young persons, elders, native title holders, as well as members of the stolen generations, this bill now requires the State Voice to establish specific committees to represent these important groups. The membership of these advisory committees is to come from the community and not from the membership of the existing elected State Voice or Local First Nations Voices.

Parts 4 and 5 of the bill set out the formal requirements for the State First Nations Voice interaction with the South Australian parliament and the South Australian government. The State First Nations Voice will be notified of the introduction of each bill in the House of Assembly or the Legislative Council and will be able to address either, but not both, of those chambers through one of their joint presiding members in relation to any bill.

The State First Nations Voice must deliver an annual report and address a joint sitting of this parliament, and may present a report to parliament on any matters of interest to First Nations people. To ensure that the issues raised in such reports are appropriately considered, the minister is required to provide a response to the report, including whether any action has been taken or any action is proposed to be taken.

Interactions between the State First Nations Voice and the South Australian government will occur through required meetings with cabinet, briefings with chief executives and through an annual engagement process. The ability to directly address the South Australian parliament and to engage with cabinet, ministers and chief executives will give First Nations people the opportunity to influence decision-making at the highest levels and have their voice heard where it counts.

The conduct of these elections is set out in schedule 1 of the bill. Elections will be run by the Electoral Commission of South Australia and will, with the exception of the first election, be held at the same time as a state election. Transitional provisions will allow for the first election of members to be held as soon as possible after the commencement of this legislation.

A First Nations person who is on the state electoral roll, and who has completed a declaration of eligibility, will be able to vote in the election for members of their Local First Nations Voice for the region in which they reside. A person who nominates as a candidate for their Local First Nations Voice is not restricted to nominating in the region to which they reside. Instead, they may choose to stand either where they reside or where that person is a traditional owner within South Australia.

This bill embodies our government's commitment to the Uluru Statement from the Heart by giving First Nations people a direct Voice to our parliament and to the government. It is an important moment for our state, and the effects of our actions in this matter will extend far beyond our borders. I encourage each and every member in this place, and when it comes down to the House of Assembly, to take this reform to heart, to sincerely reflect on the opportunity that is before us and what it can mean for the future. Let us work together to ensure that First Nations people in South Australia are better empowered, more deeply valued and genuinely heard.

For far too long, the First Nations people of this state have been denied that formal and meaningful Voice in the decisions that impact their lives and communities. For far too long, they have suffered the consequences of policies that have been imposed on them without their input or consent, often with the deliberate intent to subjugate or cause them harm.

For far too long, First Nations people of this land have endured the devastating impacts of colonisation, including the theft of ancestral lands, the forced removal of their children and the deliberate and systematic destruction of their language, heritage and culture. For far too long, these injustices have been allowed to prolong the pain and hardship that still affects our First Nations community today through the intergenerational legacy of trauma and suffering, one that we as a government have a profound moral obligation to address in any way that is within our capacity.

The concept of a First Nations Voice to Parliament is not a new one; it is well known. We see it in a range of global jurisdictions where First Nations and Indigenous people have a formal body through which to make representations to their government. The concept is also well known in our nation and state. This particular reform has been the subject of six months of extensive consultation around South Australia. It is almost six years since the Uluru Statement from the Heart was handed down, and it is 187 years overdue.

We have nothing to fear from the First Nations Voice, and we have everything to gain. It will not diminish any single one of us. Quite the opposite is true: what diminishes us is the suffering of Aboriginal people enduring throughout our history. What diminishes us is that Aboriginal people were denied a voice in shaping the decisions that affected their lives for so long. A First Nations Voice helping to guide better outcomes for Aboriginal people and communities in this state will elevate every single South Australian.

I have heard people put forward the objection that establishing a Voice to Parliament will create further division between Aboriginal and non-Aboriginal people on the basis of race. That position is not reflective of the fact that such division already very much exists. To suggest otherwise is both insulting to Aboriginal Australians and utterly incorrect on the basis of observable fact.

That division is deeply entrenched, and the consequences arising from that division are why we see the education outcomes, the economic outcomes, the health outcomes and the life expectancy outcomes that we do for First Nations South Australians. That division is the very force that created the gap that we try and try to close.

Some have warned that we will see ugly and hurtful expressions of racism as part of this journey. Of course we will. We already have. But if we avoided making significant reforms for fear of drawing out the worst in a small minority, we would never see progress. Just imagine—just imagine—telling Rosa Parks or Charlie Perkins not to get on those buses or to challenge the status quo for fear of drawing out racism and hatred.

Campaigns like these do come at a cost, and it is one that is borne most heavily by those whom bigoted and hateful people are already inclined to denigrate and vilify. But that cost is far outweighed by the transformative outcomes and reforms that things like this can achieve.

Far from dividing us, this legislation is precisely aimed at helping Aboriginal and non-Aboriginal South Australians walk together. It will enable us to find ways together not only to remedy the consequences arising from the division that has already been allowed to persist for too long but to begin to mend that division itself.

From more than 200 years of history, and from my own personal experience, I know that in order for us to be successful in mending that division, Aboriginal people must have the ability to make representations to this parliament and to the government and to have a voice in their processes. Frankly, it is my view that Aboriginal South Australians have been exceptionally patient in waiting for that opportunity to be properly heard. It has been a slow and often excruciating journey to arrive at the point we do today.

Let us make them wait no longer for access to this crucial avenue of participation in our democracy that will elevate our whole community and help us realise a fairer and more just future for all. It was well more than fifty years ago, at the 1967 referendum, that Aboriginal people were counted, and through the First Nations Voice proposed in this bill, we propose that we will be heard.

I commend this important and historic bill to members and seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines terms used in the measure.

4—Meaning of First Nations person

This clause explains when a person will be taken to be a First Nations person and when a person will be taken to be of Aboriginal or Torres Strait Islander descent for the purposes of the measure.

5—Meaning of traditional owner

This clause explains what a reference to a traditional owner in relation to a particular place means for the purposes of the measure.

6—Act does not require disclosure of certain information

This clause provides that nothing in the measure requires a Local First Nations Voice, the State First Nations Voice or any First Nations person to disclose information that should not, according to First Nations tradition, be disclosed.

7—Act does not limit functions of other First Nations persons or bodies etc

This clause provides that nothing in the measure limits or otherwise affects—

(a) the functions of any other First Nations persons or bodies under any other Act or law;

(b) an agreement or arrangement entered into or relating to First Nations persons or bodies or the ability of First Nations persons or bodies to enter into such agreements or arrangements;

(c) anything that First Nations persons or bodies can do in accordance with First Nations tradition.

8—Act to be read in conjunction with other relevant Acts

This clause provides that the provisions of the measure are intended to be read in conjunction with, and to complement, the provisions of any other Act that implements measures to progress Truth and Treaty, as identified in the Uluru Statement from the Heart.

Part 2—Local First Nations Voices

Division 1—State to be divided into regions

9—Constitution of regions

This clause requires that South Australia be divided into 6 regions or the number of regions prescribed by the regulations for the purposes of this measure and that each region will consist of the area or areas specified by the regulations and may be known by the name assigned by the State First Nations Voice after consultation with the relevant Local First Nations Voice.

Division 2—Local First Nations Voices

10—Establishment of Local First Nations Voices

This clause provides that a Local First Nations Voice is to be established in respect of each region in the State. A Local First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown and is not an agency or instrumentality of the Crown.

11—Composition of Local First Nations Voice

This clause provides that a Local First Nations Voice consists of such number of members as may be prescribed by the regulations elected in accordance with the measure and reflecting the gender diversity contemplated by Schedule 1 of the measure.

12—Joint presiding members

This clause provides that each Local First Nations Voice must elect 2 of its members (of different gender) to be joint presiding members of the Local First Nations Voice and that a joint presiding member removed from the State First Nations Voice ceases to be a joint presiding member of the Local First Nations Voice and is not eligible to be re-elected.

13—Terms and conditions of office

This clause provides that a member of a Local First Nations Voice holds office until the next election of members, is eligible for re-election and is entitled to such remuneration, allowances and expenses as may be determined by the Governor.

14—Vacancies

This clause outlines how the office of a member of a Local First Nations Voice becomes vacant, and the rules that apply to the filling of a vacancy that occurs in the office of a member.

15—Functions of Local First Nations Voices

This clause outlines the functions and powers of a Local First Nations Voice.

16—Procedures of Local First Nations Voices

This clause sets out the procedures of Local First Nations Voices.

17—Delegation

This clause provides that a Local First Nations Voice may delegate a function under this measure to a member of the Local First Nations Voice and that a function delegated may be further delegated if the instrument of delegation so provides.

18—Accounts and audit

This clause requires a Local First Nations Voice to keep proper accounting records in relation to its financial affairs, and to 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 a Local First Nations Voice's accounts.

19—Duty to act honestly

This clause requires members of Local First Nations Voices to act honestly in the performance of the functions of their office at all times.

20—Code of conduct

This clause allows the Minister to publish a code of conduct for members of Local First Nations Voices after consultation with the State First Nations Voice and requires members of Local First Nations Voices to comply with the code of conduct.

Division 3—Elections of members of Local First Nations Voices

21—Conduct of elections of members of Local First Nations Voices

This clause sets out how an election of members of a Local First Nations Voice is to be conducted.

Division 4—Annual meeting of Local First Nations Voices

22—Annual meeting of Local First Nations Voices

This clause sets out that the State First Nations Voice must convene, at least once in each year, a meeting of all Local First Nations Voices and how that annual meeting is to be conducted.

Part 3—State First Nations Voice

23—Establishment of State First Nations Voice

This clause establishes the State First Nations Voice. The State First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown and is not an agency or instrumentality of the Crown.

24—Composition of State First Nations Voice

This clause provides that the State First Nations Voice consists of the joint presiding members of each Local First Nations Voice.

25—Joint presiding members

This clause requires the State First Nations Voice to elect 2 members (of different gender) to be joint presiding members.

26—Terms and conditions of office

This clause provides that a member of the State First Nations Voice holds office for as long as they are a joint presiding member of the relevant Local First Nations Voice and that they are entitled to such remuneration, allowances and expenses as may be determined by the Governor.

27—Vacancies

This clause outlines how the office of a member of the State First Nations Voice may become vacant.

28—Functions of State First Nations Voice

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

It also provides that the State First Nations Voice cannot delegate a function under the measure.

29—Procedures of State First Nations Voice

This clause establishes the procedures of the State First Nations Voice.

30—First Nations Elders Advisory Committee

This clause requires the State First Nations Voice to establish a First Nations Elders Advisory Committee. It sets out the composition of, eligibility of persons for membership to, and procedures of, the committee.

It also provides that a member of the committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice).

31—First Nations Youth Advisory Committee

This clause requires the State First Nations Voice to establish a First Nations Youth Advisory Committee. It sets out the composition of, eligibility of persons for membership to, and procedures of, the committee.

It also provides that a member of the committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice).

32—Stolen Generations Advisory Committee

This clause requires the State First Nations Voice to establish a Stolen Generations Advisory Committee. It sets out the composition of, eligibility of persons for membership to, and procedures of, the committee.

It also provides that a member of the committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice).

33—Native Title Bodies Advisory Committee

This clause requires the State First Nations Voice to establish a Native Title Bodies Advisory Committee. It sets out the composition of, eligibility of persons for membership to, and procedures of, the committee.

It also provides that a member of the committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice).

34—Other advisory committees

This clause enables the State First Nations Voice to establish other committees to advise the State First Nations Voice as the State First Nations Voice considers appropriate. It sets out the composition of, eligibility of persons for membership to, and procedures of, such committees.

It also provides that a member of a committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice).

35—Accounts and audit

This clause requires the State First Nations Voice to keep proper accounting records in relation to its financial affairs, and to 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 State First Nations Voice's accounts.

36—Duty to act honestly

This clause requires members of the State First Nations Voice to act honestly in the performance of the functions of their office at all times.

37—Code of conduct

This clause allows the Minister to publish a code of conduct for members of the State First Nations Voice and requires members to comply with the code of conduct.

Part 4—Addresses to Parliament

38—State First Nations Voice to deliver annual report and address to Parliament

This clause requires the State First Nations Voice to present written reports setting out a summary of the operations of the State First Nations Voice and each Local First Nations Voice to a joint sitting of Parliament, and to address the joint sitting through 1 of the joint presiding members of the State First Nations Voice, once in each year.

39—State First Nations Voice to be notified of introduction of Bills

This clause obliges the clerk of the Legislative Council or House of Assembly to notify the State First Nations Voice of the introduction of each Bill in the Council or Assembly. However, failure to provide such notice does not affect the validity of the Bill or proceedings of Parliament.

40—State First Nations Voice entitled to address Parliament in relation to Bills

This clause entitles the State First Nations Voice to address either House of Parliament in relation to a Bill that has been introduced in the relevant House through 1 of the joint presiding members. It also sets out notice requirements in respect of an address.

41—State First Nations Voice may present report to Parliament

This clause provides that the State First Nations Voice may provide a report on any matter that is, in its opinion, a matter of interest to First Nations people and sets out the procedures for providing, and following provision of, the report.

42—State First Nations Voice may be requested to provide report to Parliament etc

This clause provides that the President of the Legislative Council or the Speaker of the House of Assembly may, by written notice, request a report from, or an address by, the State First Nations Voice in relation to a specified Bill.

Part 5—Interaction with South Australian Government

Division 1—Meeting with Cabinet

43—State First Nations Voice to meet with Cabinet

This clause requires that the State First Nations Voice meet with Cabinet at least twice in each year (subject to specified circumstances).

44—Protection of communications etc with Cabinet

This clause provides that information and documents prepared for, or provided to, the Cabinet by the State First Nations Voice will be taken to have been specifically prepared for submission to Cabinet for the purposes of the Freedom of Information Act 1991 and any other Act or law.

Division 2—Briefings with Chief Executives of administrative units

45—Briefings with Chief Executives of administrative units

This clause requires the Premier to cause a Chief Executive's briefing to be held at least twice each year between the State First Nations Voice and the Chief Executives of each administrative unit of the Public Service specified by the State First Nations Voice. The briefings will allow the State First Nations Voice to be briefed by, and ask questions of, the Chief Executives in relation to matters of interest.

Division 3—Annual engagement hearing with administrative units etc

46—Annual engagement hearing with administrative units etc

This clause requires the Premier to cause an engagement hearing to be held in each year between the joint presiding members of the State First Nations Voice and each Minister and Chief Executive of an administrative unit of the Public Service specified by the State First Nations Voice. The hearing will allow the State First Nations Voice to ask questions relating to the operations, expenditure, budget and priorities of administrative units as they affect certain matters.

Part 6—Administration and resourcing

47—Secretariat

This clause establishes the secretariat for the Local First Nations Voices and the State First Nations Voice, which will consist of whichever Public Service employees are assigned to the secretariat.

48—Resources

This clause requires the Minister to determine the resourcing that, in the Minister's opinion, the Local First Nations Voices and the State First Nations Voice reasonably need to carry out their functions under the measure and sets out consultation requirements.

49—Use of staff etc of Public Service

This clause allows a Local First Nations Voice and the State First Nations Voice, 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.

Part 7—Review of Act

50—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 6 sitting days after receiving the report.

Part 8—Miscellaneous

51—Confidentiality

This clause requires persons who obtained personal 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.

52—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, a Local First Nations Voice or the State First Nations Voice, or a member of those bodies, in the performance or exercise of a function under the measure. The proposed maximum penalty is $10,000.

53—Protections, privileges and immunities

This clause confers protections from liability on a Local First Nations Voice, the State First Nations Voice, a member of those bodies or any other person or body for any act or omission in good faith in the exercise or purported exercise of functions or powers under the measure or any other Act. It also provides that nothing in the measure affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members or any rule or principle of law relating to the matters specified in the clause.

54—Regulations and fee notices

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

Schedule 1—Rules of election for Local First Nations Voices Part 1—Preliminary

1—Interpretation

This clause defines terms used in the Schedule.

2—Voters roll

This clause provides that the State electoral role will be taken to be the electoral role for the purposes of an election under the measure.

3—Declaration of eligibility

This clause sets out what a declaration of eligibility is in respect of voting in an election and nominating for an office of member of a Local First Nations Voice.

4—Gender representation

This clause sets out the required gender representation of members of a Local First Nations Voice.

Part 2—Returning officer

5—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.

6—Distribution of information and election publicity

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

Part 3—Eligibility to vote

7—Eligibility to vote in elections

This clause establishes who is eligible to vote in an election in relation to a region.

Part 4—Eligibility and nomination for election to Local First Nations Voice

8—Nominations for office of member of Local First Nations Voice

This clause establishes the process for a person to nominate for an office of member of a Local First Nations Voice, as well as who is eligible to nominate.

Part 5—General rules relating to election

9—Election timetable

This clause sets out that polling for an election will occur in the course of each State election at State election polling places at the same time as polling for the State election.

10—Uncontested elections

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

11—Voting

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

12—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.

13—Counting of votes

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

Part 6—Declaration of results

14—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.

15—Recounts

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

16—Declaration of results and certificate

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

Part 7—Supplementary elections on failure of election

17—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 State First Nations Voice, the returning officer and any other person or body the Minister thinks fit, if an election fails for certain reasons.

Part 8—Disputed Returns

18—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.

19—Clerk of Court

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

20—Jurisdiction of Court

This clause sets out the jurisdiction of the Court.

21—Procedure upon petition

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

22—Powers of Court

This clause sets out the powers of the Court.

23—Effect of decision

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

24—Right of appearance

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

25—Case stated

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

26—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.

27—Rules of Court

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

Part 9—Miscellaneous

28—False or misleading statements

This clause prohibits a person from making a statement that is false or misleading in a material particular in information provided for the purposes of an election under the measure. The proposed maximum penalty is imprisonment for 4 years.

Schedule 2—Repeals, related amendments and transitional etc provisions

Part 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003

1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003

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

Part 2—Amendment of Constitution Act 1934

2—Insertion of section 3

This clause inserts a new section 3 into the principal Act as follows:

3—Recognition of importance of First Nations voices

This section provides that the South Australian Parliament recognises the importance of listening to the voices of First Nations people, acknowledges that those voices have not always been heard in Parliament, and intends that those voices will be heard, and will make a unique and irreplaceable contribution to South Australia that benefits all South Australians.

Part 3—Transitional etc provisions

3—First election of members of Local First Nations Voices

This clause outlines provisions that apply to the first election of members of Local First Nations Voices.

4—Consultation with State First Nations Voice

This clause provides that the Minister, the Electoral Commissioner or any other person or body need not comply with a requirement under the measure requiring consultation with the State First Nations Voice until the State First Nations Voice is capable of performing its functions.

Debate adjourned on motion of Hon. N.J. Centofanti.

Sitting suspended from 11:24 to 14:15.

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