Aboriginal Representative Body Bill 2022 (SA)

South Australia Aboriginal Representative Body Bill 2022 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.

Contents Preamble Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Aboriginal persons 5 Aboriginal elders 6 Interaction with other Acts and laws Part 2—Purposes and principles of Act 7 Purposes of Act 8 Principles to be observed in operation of Act 9 Aboriginal Representative Body to represent views of all Aboriginal persons in South Australia 10 Aboriginal Representative Body and committees to work together to ensure Aboriginal voice is heard Part 3—Commissioner for Aboriginal Engagement 11 Commissioner for Aboriginal Engagement 12 Appointment of Commissioner 13 Functions of Commissioner 14 Appointment of acting Commissioner 15 Interaction with Public Sector (Honesty and Accountability) Act 16 Delegation 17 Staff and resources 18 Annual report Part 4—Aboriginal Representative Body Division 1—Aboriginal Representative Body 19 Establishment of Aboriginal Representative Body 20 Independence of Aboriginal Representative Body 21 Composition of Aboriginal Representative Body 22 Presiding member and deputy presiding member 23 Remuneration, allowances and expenses 24 Term of office 25 Vacancies 26 Interaction with Public Sector (Honesty and Accountability) Act 27 Functions and powers of Aboriginal Representative Body 28 Procedures of Aboriginal Representative Body 29 Committees 30 Delegation 31 Resources 32 Use of staff etc of Public Service 33 Accounts and audit Division 2—Elections of members of Aboriginal Representative Body 34 First elections of members of Aboriginal Representative Body to be held by prescribed date 35 Conduct of elections of members of Aboriginal Representative Body Division 3—Secretariat 36 Secretariat Division 4—Annual report and other reporting 37 Annual report 38 Special reporting obligations Part 5—Interaction with Parliament of South Australia 39 Purpose and application of Part 40 Aboriginal Representative Body and Aboriginal Affairs and Representation Committee to meet regularly 41 Aboriginal Representative Body may refer matter to Aboriginal Affairs and Representation Committee 42 Aboriginal Representative Body may present report to Parliament through Aboriginal Affairs and Representation Committee 43 Aboriginal Affairs and Representation Committee to report annually to Parliament Part 6—Interaction with South Australian Government Division 1—Preliminary 44 Purpose and application of Part Division 2—Meeting with Cabinet and Ministerial Committee etc 45 Premier to establish Ministerial Committee 46 Both Cabinet and Ministerial Committee to meet regularly with Aboriginal Representative Body 47 Aboriginal Representative Body may submit report to Cabinet through Ministerial Committee 48 Protection of communications etc with Ministerial Committee Division 3—Meeting with State authorities 49 Premier to establish Chief Executives Committee 50 Aboriginal Representative Body and Chief Executives Committee to meet regularly 51 Aboriginal Representative Body may present report to State authority through Chief Executives Committee Part 7—Information gathering 52 Aboriginal Representative Body may require State authority to provide report Part 8—Miscellaneous 53 Obstruction etc 54 False or misleading statements 55 Confidentiality 56 Victimisation 57 Protections, privileges and immunities 58 Service 59 Review of Act 60 Regulations and fee notices Schedule 1—Wards 1 Constitution of wards for elections Schedule 2—Rules of election Part 1—Returning officer 1 Returning officer 2 Distribution of information Part 2—Voters roll 3 Voters roll Part 3—Eligibility and nomination for election to Aboriginal Representative Body 4 Nominations for office of member of Aboriginal Representative Body 5 Eligibility to vote in elections Part 4—General rules relating to an election 6 Election timetable 7 Uncontested elections 8 Voting 9 Postal voting may be used 10 Counting of votes Part 5—Declaration of results 11 Provisional declarations 12 Recounts 13 Declaration of results and certificate Part 6—Supplementary elections on failure of election 14 Supplementary elections on failure of election etc Part 7—Disputed Returns 15 Constitution of Court 16 Clerk of Court 17 Jurisdiction of Court 18 Procedure upon petition 19 Powers of Court 20 Effect of decision 21 Right of appearance 22 Case stated 23 Costs 24 Rules of Court Schedule 3—Related amendments, repeals and transitional provisions Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Parliamentary Committees Act 1991 2 Amendment of section 3—Interpretation 3 Insertion of Part 5F Part 5F—Aboriginal Affairs and Representation Committee Division 1—Establishment and membership of Committee 15P Establishment of Committee 15Q Membership of Committee Division 2—Functions of Committee 15R Functions of Committee 15S Committee to meet regularly with Aboriginal Representative Body Part 3—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 4 Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 Part 4—Transitional provisions 5 Composition of first Aboriginal Representative Body 6 Incomplete reviews etc of Aboriginal Lands Parliamentary Standing Committee to continue