{"id":"commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004","name":"Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004","slug":"commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31789,"registerId":"sa-commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004","content":"South Australia\nCommission of Inquiry (Children in State Care and Children on APY Lands) Act 2004\nAn Act to provide for a Commission of Inquiry into allegations of failure on the part of government agencies, employees or other relevant persons to investigate or appropriately deal with allegations concerning sexual offences against children under the guardianship, custody, care or control of the Minister responsible for the protection of children; to provide for a Commission of Inquiry into the incidence of sexual offences against children resident on the Anangu Pitjantjatjara Yankunytjatjara lands; to provide evidentiary powers and immunities in connection with the inquiries; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tConstitution of commission—children in State care\n4A\tConstitution of commission—children on APY lands\n5\tProcedure\n6\tPower to require attendance of witnesses etc\n7\tObligation to give evidence\n8\tProvision of support\n9\tConfidentiality and disclosure of information\n10\tProvision of information\n11\tCompletion of inquiry and presentation of report\n11A\tReport of Minister in response to Commissioner's report\n12\tProtection from proceedings\n13\tPrivileges and immunities\n14\tSelf-incrimination\n15\tFurther provision relating to mandatory notification\nSchedule 1—Terms of reference—children in State care\n1\tInterpretation\n2\tTerms of reference\nSchedule 2—Terms of reference—children on APY lands\n1\tInterpretation\n2\tTerms of reference\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004.\n3—Interpretation\nIn this Act—\nauthorised person means—\n\t(a)\tthe Commissioner; or\n\t(b)\tany person appointed to assist in the conduct of the Inquiry (including an Assistant Commissioner appointed under section 4A);\nchild means a person under 18 years of age;\nCommissioner means the person appointed to conduct the commission of inquiry under section 4 (although see section 4A(4));\nevidentiary material means any document, object or substance of evidentiary value or possible evidentiary value to the Inquiry;\nInquiry means the commissions of inquiry established under this Act;\nsexual offence means a sexual offence within the meaning of section 4 of the Evidence Act 1929.\n4—Constitution of commission—children in State care\n\t(1)\tA commission of inquiry is established with the terms of reference set out in Schedule 1.\n\t(2)\tThe commission is to be constituted by a person appointed by the Governor.\n\t(3)\tAn appointment made under subsection (2) will be on conditions determined by the Governor.\n\t(4)\tIf the person appointed by the Governor is a Judge or former Judge within the meaning of the Judges' Pensions Act 1971 then the following provisions will apply in relation to the person so appointed despite the provisions of that Act:\n\t(a)\tthe person will, while holding office under this Act, be taken to be in judicial service within the meaning of, and for the purposes of, the Judges' Pensions Act 1971; and\n\t(b)\tif relevant, the person will be taken not to have retired or resigned from judicial service for the purposes of the Judges' Pensions Act 1971 until he or she completes his or her term of office under this Act.\n\t(5)\tFor the purposes of subsection (4), the term of office of the relevant person will be determined to have come to an end on a day fixed by the Attorney‑General by notice in the Gazette.\n4A—Constitution of commission—children on APY lands\n\t(1)\tA commission of inquiry is established with the terms of reference set out in Schedule 2.\n\t(2)\tThe commission is to be constituted by the person appointed to constitute the commission of inquiry under section 4.\n\t(3)\tThe Governor must appoint 2 Assistant Commissioners to assist in the conduct of the commission, of whom—\n\t(a)\t1 must be male and the other female; and\n\t(b)\tat least 1 must be of Aboriginal descent.\n\t(4)\tAn Assistant Commissioner may exercise the powers and perform the functions of the Commissioner under this Act in accordance with an arrangement entered into with the Commissioner and, to the extent that an Assistant Commissioner does so, a reference in this Act to the Commissioner extends to the Assistant Commissioner.\n5—Procedure\n\t(1)\tIn conducting the Inquiry, the Commissioner—\n\t(a)\twill not be bound by any rules or practices as to procedure or evidence, and may inform himself or herself in such a manner as the Commissioner thinks fit; and\n\t(b)\tmust seek to adopt procedures that will facilitate a prompt, cost-effective and thorough investigation of any matter relevant to the Inquiry; and\n\t(c)\tmay refer any matter to an expert for advice, investigation or report; and\n\t(d)\tmay refer any person to any agency or other service so that the person can obtain counselling or support; and\n\t(e)\tmay refer any matter that may come to the attention of the Commissioner but that is not directly relevant to the Inquiry to any other person or agency (as the Commissioner thinks fit); and\n\t(f)\tmust take all reasonable steps to avoid prejudicing any criminal investigation or prosecution.\n\t(2)\tSubject to subsection (3), the Commissioner must, in conducting the Inquiry, take evidence in private.\n\t(3)\tThe Commissioner may conduct any part of the proceedings (including the taking of evidence) in public if the Commissioner considers it in the public interest to do so.\n\t(4)\tHowever, the Commissioner must comply with any request by a person providing evidence or information or making submissions to the Inquiry that the evidence, information or submission be received in private.\n\t(5)\tThe Commissioner may, as the Commissioner thinks fit, refuse to inquire into, or to continue to inquire into, a matter if the Commissioner considers the matter to be frivolous, vexatious or not sufficiently relevant to the Inquiry.\n\t(6)\tA person must not, in placing evidence before the Inquiry, knowingly make a false allegation against another person with an intention to cause injury or harm to the other person.\nMaximum penalty: $10 000.\n6—Power to require attendance of witnesses etc\n\t(1)\tAn authorised person may issue a summons requiring a person to appear before the Inquiry at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of evidentiary material before the Inquiry, provide for production of the evidentiary material to an authorised person nominated in the summons.\n\t(3)\tAn authorised person may administer an oath or affirmation to a person appearing before the Inquiry.\n7—Obligation to give evidence\n\t(1)\tIf a person refuses or fails—\n\t(a)\tto comply with a summons issued under this Act; or\n\t(b)\tto make an oath or affirmation when required to do so by an authorised person; or\n\t(c)\tto answer a question on a subject relevant to the Inquiry to the best of the person's knowledge, information and belief,\nthe Supreme Court may, on application by an authorised person, compel the attendance of the person before the Court to give evidence or to produce evidentiary material for the purposes of the Inquiry.\n\t(2)\tA person who, without reasonable excuse, refuses or fails—\n\t(a)\tto comply with a summons issued under this Act; or\n\t(b)\tto make an oath or affirmation when required to do so by an authorised person; or\n\t(c)\tto answer a question on a subject relevant to the Inquiry to the best of the person's knowledge, information and belief,\nis guilty of an offence and liable to a penalty not exceeding $10 000.\n8—Provision of support\n\t(1)\tThe Minister must, after consultation with the Commissioner, appoint or engage—\n\t(a)\ta person with appropriate qualifications and experience in social work or social administration; and\n\t(b)\ta senior investigations officer with appropriate qualifications and experience,\nto assist in the conduct of the Inquiry.\n\t(2)\tThe Minister may, after consultation with the Commissioner, appoint other persons to assist in the conduct of the Inquiry.\n\t(3)\tThe Minister may, after consultation with the Commissioner, engage or appoint a suitably qualified person or persons to provide support or assistance to any person who may wish to place evidence before the Inquiry.\n\t(4)\tThe Commissioner may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of any agency or instrumentality of the Crown (including an administrative unit in the Public Service).\n9—Confidentiality and disclosure of information\n\t(1)\tAny law requiring a person to keep particular information confidential or in any way restricting the disclosure or publication of information does not prevent a person from providing information in the course of or for the purposes of the Inquiry.\n\t(2)\tWhere the Commissioner considers it desirable to exercise powers conferred by this subsection in the public interest, or in order to prevent undue prejudice or undue hardship to any person, the Commissioner may, by order—\n\t(a)\tdirect that any persons specified (by name or otherwise) absent themselves from the place in which the Commissioner is conducting the Inquiry during the whole or a specified part of the proceedings; or\n\t(b)\tforbid the publication of specified evidence, or of any account or report of specified evidence, either absolutely or subject to conditions determined by the Commissioner; or\n\t(c)\tforbid the publication of the name of—\n\t(i)\ta witness before the Inquiry; or\n\t(ii)\ta person alluded to in the course of the Inquiry,\nand of any other material tending to identify any such witness or person.\n\t(3)\tThe Commissioner may vary or revoke an order under subsection (2).\n\t(4)\tA person who contravenes, or fails to comply with, an order under subsection (2) is guilty of an offence.\nMaximum penalty: $2 000 or imprisonment for 6 months.\n\t(5)\tThe Commissioner must, in the conduct of the Inquiry and in his or her report on the outcome of the Inquiry, take all reasonable steps to avoid the disclosure of information that may identify, or lead to the identification of—\n\t(a)\ta person who has been (or who is alleged to have been) the victim of a sexual offence while a child; or\n\t(b)\ta person who has committed (or who is alleged to have committed) a sexual offence against a child, if the interests of justice so require; or\n\t(c)\ta person who has provided information about a sexual offence (or suspected sexual offence) against a child, if the public interest so requires.\n10—Provision of information\n\t(1)\tWhere this Act requires, or allows, the Commissioner to avoid disclosure of information that may identify or lead to the identification of any person, the Commissioner may use a code or other system of identification under which the Commissioner can separately identify any person, and may provide that identifying information, and any other information obtained during the course of the Inquiry, to the Minister or another public official (including a police officer), as the Commissioner thinks fit.\n\t(2)\tDespite any other provision of this Act, the Commissioner must, under an arrangement established with the Commissioner of Police, provide to the Commissioner of Police any information concerning the commission (or alleged commission) of a sexual offence against a child arising during the course of the Inquiry unless—\n\t(a)\tthe Commissioner has reasonable grounds to believe that the information has already been reported or provided to a police officer and has been recently considered or investigated (or reconsidered or reinvestigated) by the police; or\n\t(b)\tthe Commissioner has determined to provide the information to the Director of Public Prosecutions; or\n\t(c)\tthe information has been provided by the person who is (or who is alleged to be) the victim of the offence and that person has asked the Commissioner that the information not be provided to the Commissioner of Police or to the Director of Public Prosecutions under this section (but subject to the exception that the Commissioner may provide the information to the Commissioner of Police or to the Director of Public Prosecutions if the Commissioner considers it in the public interest to do so).\n11—Completion of inquiry and presentation of report\n\t(1)\tThe Commissioner must complete each commission of inquiry, and prepare a report on its outcome, before 31 December 2007 or such later date as is nominated by the Governor by notice in the Gazette for completion of the inquiry.\n\t(4)\tA report of the Commissioner under this section must be delivered to the Governor.\n\t(5)\tThe Minister must cause a copy of a report from the Commissioner to be laid before each House of Parliament within 3 sitting days after the receipt of the report by the Governor.\n11A—Report of Minister in response to Commissioner's report\nThe Minister must respond to each report of the Commissioner as follows:\n\t(a)\twithin 3 months after receipt of the report by the Governor, the Minister must make a preliminary response indicating which (if any) of the recommendations of the Commissioner it is intended be carried out; and\n\t(b)\twithin 6 months after receipt of the report by the Governor, the Minister must make a full response stating—\n\t(i)\tthe recommendations of the Commissioner that will be carried out and the manner in which they will be carried out; and\n\t(ii)\tthe recommendations of the Commissioner that will not be carried out and the reasons for not carrying them out; and\n\t(c)\tfor each year for 5 years following the making of the full response, the Minister must, within 3 months after the end of the year, make a further response stating—\n\t(i)\tthe recommendations of the Commissioner that have been wholly or partly carried out in the relevant year and the manner in which they have been carried out; and\n\t(ii)\tif, during the relevant year, a decision has been made not to carry out a recommendation of the Commissioner that was to be carried out, the reasons for not carrying it out; and\n\t(iii)\tif, during the relevant year, a decision has been made to carry out a recommendation of the Commissioner that was not to be carried out, the reasons for the decision and the manner in which the recommendation will be carried out; and\n\t(d)\ta copy of each response must be laid before each House of Parliament within 3 sitting days after it is made.\n12—Protection from proceedings\nNo proceeding for judicial review or for a declaration, injunction, writ, order or other remedy may be brought to challenge or question—\n\t(a)\tany proceeding undertaken in the conduct of the Inquiry; or\n\t(b)\tthe making of any decision or determination by the Commissioner; or\n\t(c)\tthe preparation or presentation of a report under this Act.\n13—Privileges and immunities\n\t(1)\tAn authorised person has, in connection with the conduct of the Inquiry, and in respect of any report prepared as part of the Inquiry, the same protection, privileges and immunities as a Judge of the Supreme Court.\n\t(1a)\tNo subpoena or other process may be issued by a court, tribunal or other authority—\n\t(a)\trequiring a person who is or has been an authorised person, or appointed or engaged under section 8, to appear to give evidence of matters coming to the person's notice in the person's official capacity or former official capacity; or\n\t(b)\trequiring the production of a document, object or substance—\n\t(i)\tthat was prepared or made in the course of, or for the purposes of, the Inquiry; or\n\t(ii)\tthat is in the possession of the Inquiry or that was in the possession of the Inquiry immediately before completion of the Inquiry,\nand any such process issued before the commencement of this subsection will be of no force or effect.\n\t(2)\tA person who appears before the Inquiry, or who provides evidentiary material to the Inquiry, has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court.\n\t(3)\tA legal practitioner who represents a person in connection with the Inquiry has the same protection, privileges, immunities and obligations as counsel involved in proceedings before the Supreme Court.\n14—Self-incrimination\nDespite a preceding section, if a person is required to provide information or answer a question under this Act and the information or answer would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or answer the question but the information or answer is not (except in proceedings for an offence against this Act) admissible in evidence against the person in any criminal or civil proceedings in any court.\n15—Further provision relating to mandatory notification\n\t(1)\tSubject to subsection (2) (and despite a preceding section)—\n\t(a)\tno evidence of information that discloses the identity of, or would lead to the identification of, a person who has notified a government agency in accordance with an obligation to do so under the Children's Protection Act 1993 (or a corresponding previous enactment) that he or she suspects that a child has been abused or neglected may be adduced in proceedings before a court without the permission of court; and\n\t(b)\tunless such permission is granted, a party or witness in those proceedings must not be asked, and, if asked, cannot be required to answer, any question that cannot be answered without disclosing such information.\n\t(2)\tA court cannot grant permission under subsection (1) unless—\n\t(a)\tthe court is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or\n\t(b)\tthe person (not being a child) to whom the information relates consents to the admission of the evidence in the proceedings.\n\t(3)\tAn application for permission to adduce evidence under subsection (1)—\n\t(a)\tmust not, except as authorised by the court, be heard and determined in public; and\n\t(b)\tmust be conducted in such a manner as to protect, so far as may be practicable, the information concerned pending the determination of the application.\nSchedule 1—Terms of reference—children in State care\n1—Interpretation\nIn this Schedule—\nchild in State care means a child who was, at the relevant time, a child who had been placed under the guardianship, custody, care or control of a designated Minister or another public official, or the former body corporate known as the Children's Welfare and Public Relief Board, under a relevant Act;\ndesignated Minister means a Minister responsible for the administration of a relevant Act;\nrelevant Act means the Children's Protection Act 1993 or a corresponding previous enactment dealing with the protection of children;\nsexual abuse means conduct which would, if proven, constitute a sexual offence.\n2—Terms of reference\n\t(1)\tThe terms of reference are to inquire into any allegations of—\n\t(a)\tsexual abuse of a person who, at the time that the alleged abuse occurred, was a child in State care; or\n\t(b)\tcriminal conduct which resulted in the death of a person who, at the time that the alleged conduct occurred, was a child in State care,\n(whether or not any such allegation was previously made or reported).\n\t(2)\tThe purposes of the inquiry are—\n\t(a)\tto examine the allegations referred to in subclause (1); and\n\t(b)\tto report on whether there was a failure on the part of the State to deal appropriately or adequately with matters that gave rise to the allegations referred to in subclause (1); and\n\t(c)\tto determine and report on whether appropriate and adequate records were kept in relation to allegations of the kind referred to in subclause (1) and, if relevant, on whether any records relating to such allegations have been destroyed or otherwise disposed of; and\n\t(d)\tto report on any measures that should be implemented to provide assistance and support for the victims of sexual abuse (to the extent that these matters are not being addressed through existing programs or initiatives).\n\t(3)\tThe inquiry is to relate (and only to relate) to any conduct or omission occurring before the commencement of this Act.\n\t(4)\tThe inquiry need not (but may, if relevant) relate to a matter that has been the subject of the Review within the meaning of the Child Protection Review (Powers and Immunities) Act 2002.\n\t(4a)\tThe inquiry may relate to a matter that has been the subject of the commission of inquiry under section 4A.\n\t(5)\tThe person conducting the inquiry must not purport to make a finding of criminal or civil liability.\nSchedule 2—Terms of reference—children on APY lands\n1—Interpretation\nIn this Schedule—\nAPY community means a community resident on the APY lands;\nAPY lands means the lands vested in Anangu Pitjantjatjara Yankunyjatjara under the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981;\nchild on the APY lands means a child who is a member of an APY community and resident on the APY lands;\nsexual abuse means conduct which would, if proven, constitute a sexual offence.\n2—Terms of reference\n\t(1)\tThe terms of reference are to inquire into the incidence of sexual abuse of persons who, at the time of the abuse, were children on the APY lands.\n\t(2)\tThe purposes of the inquiry are—\n\t(a)\tto select APY communities to form the focus of the inquiry; and\n\t(b)\tto examine allegations of sexual abuse of children on the APY lands; and\n\t(c)\tto assess and report on the nature and extent of sexual abuse of children on the APY lands; and\n\t(d)\tto identify and report on the consequences of the abuse for the APY communities; and\n\t(e)\tto report on any measures that should be implemented—\n\t(i)\tto prevent sexual abuse of children on the APY lands; and\n\t(ii)\tto address the identified consequences of the abuse for the APY communities,\n(to the extent that these matters are not being addressed through existing programs or initiatives).\n\t(3)\tThe inquiry is to relate (and only to relate) to sexual abuse occurring before the commencement of this Schedule.\n\t(4)\tThe inquiry need not (but may, if relevant) relate to a matter that has been the subject of the Review within the meaning of the Child Protection Review (Powers and Immunities) Act 2002.\n\t(5)\tThe inquiry may relate to a matter that has been the subject of the commission of inquiry under section 4.\n\t(6)\tThe person conducting the inquiry must not purport to make a finding of criminal or civil liability.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nCommission of Inquiry (Children in State Care) Act 2004\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n33\nCommission of Inquiry (Children in State Care) Act 2004\n5.8.2004\n18.11.2004 (Gazette 18.11.2004 p4359)\n2004\n43\nCommission of Inquiry (Children in State Care) (Miscellaneous) Amendment Act 2004\n18.11.2004\n18.11.2004 (Gazette 18.11.2004 p4359)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 17 (s 62)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n18\nCommission of Inquiry (Children in State Care) (Privileges and Immunities) Amendment Act 2006\n6.7.2006\n6.7.2006\n2007\n21\nCommission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Act 2007\n26.6.2007\n26.6.2007\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 21/2007 s 3(1), (2)\n26.6.2007\ns 1\nsubstituted by 21/2007 s 4\n26.6.2007\ns 2\nomitted under Legislation Revision and Publication Act 2002\n6.7.2006\ns 3\n\n\nauthorised person\namended by 21/2007 s 5(1)\n26.6.2007\nCommissioner\namended by 21/2007 s 5(2)\n26.6.2007\nInquiry\namended by 21/2007 s 5(3)\n26.6.2007\ns 4A\ninserted by 21/2007 s 6\n26.6.2007\ns 10\n\n\ns 10(2)\namended by 43/2004 s 4(1), (2)\n18.11.2004\ns 11\n\n\ns 11(1)\nsubstituted by 21/2007 s 7\n26.6.2007\ns 11(2) and (3)\ndeleted by 21/2007 s 7\n26.6.2007\ns 11A\ninserted by 21/2007 s 8\n26.6.2007\ns 13\n\n\ns 13(1a)\ninserted by 18/2006 s 3\n6.7.2006\ns 15\n\n\ns 15(1)\namended by 17/2006 s 62(1), (2)\n4.9.2006\ns 15(2)\namended by 17/2006 s 62(3)\n4.9.2006\ns 15(3)\namended by 17/2006 s 62(4)\n4.9.2006\nSch 1\n\n\nheading\nsubstituted by 21/2007 s 9\n26.6.2007\ncl 1\n\n\nchild in State care\namended by 43/2004 s 5\n18.11.2004\ncl 2\n\n\ncl 2(4a)\ninserted by 21/2007 s 10\n26.6.2007\nSch 2\ninserted by 21/2007 s 11\n26.6.2007\nHistorical versions\n18.11.2004\n\n6.7.2006\n\n4.9.2006\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the scope changed from original intent. The legislative text could not be retrieved. Based on the title alone, the Act appears narrowly scoped to a specific inquiry into two defined groups of children, which is consistent with how time-limited inquiry legislation typically operates in Australia."},"complexity_factors":["Actual legislative text was unavailable due to a broken URL — analysis is based solely on the Act's title","Commissions of Inquiry typically involve procedural complexity around evidence, witnesses, and powers of compulsion","Intersection of state child protection law and Aboriginal community affairs adds jurisdictional nuance","Time-limited inquiry legislation (established for a specific purpose) is generally less complex than ongoing regulatory frameworks","Score reflects minimum assessable complexity given the absence of the actual text"],"plain_english_summary":"## Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004\n\n**⚠️ Important Notice: The legislation text was not successfully retrieved.** The source URL returned a 'Page Not Found' error, meaning the actual content of this South Australian law could not be analysed.\n\n### What we know from the title alone:\n\nThis is a **South Australian Act** from **2004** that established a formal **Commission of Inquiry** (an official government investigation with legal powers) into two specific groups:\n\n1. **Children in State Care** — children who were under the guardianship or supervision of the South Australian government (e.g., in foster care, government institutions, or juvenile detention)\n2. **Children on APY Lands** — children living on the **Anangu Pitjantjatjara Yankunytjatjara (APY) Lands**, a remote Aboriginal community in northern South Australia\n\n### Why it matters:\nThis type of legislation is typically designed to investigate **abuse, neglect, or systemic failures** affecting vulnerable children. Inquiries of this nature in Australia have historically uncovered serious mistreatment of children in institutional care and in remote Aboriginal communities.\n\n### Who it affects:\n- Survivors of abuse in state care or on APY Lands\n- Former carers, government workers, and institutions involved in child welfare\n- APY Lands communities\n- South Australian child protection agencies\n\n**⚠️ A full legal analysis cannot be completed without the actual legislative text.**"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act was broadened after its original 2004 form. Key scope expansions in later amendments include: the addition of a separate commission focused on children on APY lands with its own terms of reference and mandatory appointment of two Assistant Commissioners (including gender and Aboriginality requirements) (inserted s4A and Schedule 2 by 2007 amendments); strengthened privileges and protections against external process for Inquiry materials and personnel (s13(1a) added 2006); changes to disclosure and mandatory‑notification protections (s15 amended 2006); and new ministerial follow‑up and reporting obligations (s11A inserted 2007) requiring preliminary and full responses and five years of annual implementation reports. Those amendments expanded the populations covered, added bespoke governance for the APY component, increased statutory protections for participants and Inquiry materials, and introduced a structured statutory framework for Government response and ongoing accountability reporting."},"complexity_factors":["Two separate sets of terms of reference in Schedules 1 and 2 (distinct populations: children in State care v. children on APY lands)","Multiple defined terms in the interpretation section and jurisdictional cross‑references (authorised person, Commissioner, Inquiry, sexual offence, child)","Cross‑references to several external Acts (Evidence Act 1929, Judges' Pensions Act 1971, Children's Protection Act 1993, Child Protection Review (Powers and Immunities) Act 2002, Director of Public Prosecutions)","Conditional procedural rules and exceptions (private vs public evidence; witness requests for privacy; Commissioner’s discretion to refuse frivolous matters)","Layered disclosure rules with exceptions and mandatory police‑reporting obligation (s9 orders v. s10 mandatory disclosure with exceptions)","Immunities and finality provisions that bar judicial review and preclude subpoenas for Inquiry materials (s12, s13(1a))","Compelled evidence combined with non‑admissibility protections (s14) — conditional privilege rules that differ by forum","Statutory timelines and layered ministerial reporting obligations (preliminary, full, then annual progress reports for 5 years) (s11–11A)","Specific appointment and composition requirements for Assistant Commissioners (gender and Aboriginality requirement) (s4A(3))","Penalties and enforcement paths (criminal penalties for non‑compliance, Supreme Court enforcement)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes two related, time‑limited Commissions of Inquiry and sets their subjects (the Commissioner conducts both inquiries):\n  - one to examine allegations of sexual abuse and related deaths of people who were children in State care (terms in Schedule 1) (s4, Sch 1);\n  - one to examine the incidence of sexual abuse of children living on the Anangu Pitjantjatjara Yankunytjatjara (APY) lands (terms in Schedule 2) (s4A, Sch 2).\n\n- Creates an appointing and staffing structure:\n  - the Governor appoints the Commissioner who will run the Inquiry and fixes the appointment conditions (s4(2)–(5));\n  - for the APY inquiry the Governor must also appoint two Assistant Commissioners (one male, one female and at least one of Aboriginal descent) who may exercise the Commissioner’s powers under arrangement (s4A(2)–(4));\n  - the Minister must appoint or engage specified support staff (social work and senior investigations officer) after consulting the Commissioner and may appoint or engage other assistance (s8).\n\n- Gives the Commissioner wide investigative powers and procedural discretion:\n  - the Commissioner is not bound by formal court rules of evidence or procedure and may run the Inquiry in the way thought best to be prompt, cost‑effective and thorough (s5(1)(a)–(b));\n  - the Commissioner can compel witnesses and documents by summons, administer oaths, and, where necessary, go to the Supreme Court to enforce compliance (s6–7);\n  - the Commissioner ordinarily takes evidence in private, but may hold public sessions in the public interest; witnesses can request private treatment of their evidence (s5(2)–(4)).\n\n- Protects privacy and controls disclosure:\n  - laws of confidentiality do not stop people giving information to the Inquiry, but the Commissioner can make orders excluding persons from hearings or banning publication of evidence or names (s9(1)–(3));\n  - the Commissioner must take reasonable steps to avoid identifying victims, alleged perpetrators or informants in the Inquiry and report where justice requires (s9(5)).\n\n- Requires the Commissioner to share information with police in most cases, subject to narrow exceptions (s10(2)).\n\n- Limits legal challenges and provides immunities:\n  - decisions, proceedings and the Commissioner’s report cannot be challenged by judicial review or similar proceedings (s12);\n  - authorised persons, witnesses and legal representatives have protections, privileges and immunities comparable to those in Supreme Court proceedings (s13);\n  - certain subpoenas or processes are precluded in relation to Inquiry documents and Inquiry officials (s13(1a)).\n\n- Compels answers but protects use of compelled information:\n  - people must answer questions and produce material, even if self‑incriminating, but those compelled answers are not admissible against the person in other criminal or civil proceedings (except prosecutions under this Act) (s14).\n\n- Sets reporting and follow‑up obligations:\n  - the Commissioner must complete each Inquiry by a date fixed by the Governor and deliver a report to the Governor (s11(1), (4));\n  - the Minister must lay the Commissioner’s report before Parliament and must provide a timely response: a preliminary response within 3 months, a full response within 6 months, and annual implementation progress reports for 5 years (s11–11A).\n\n- Contains further protections for mandatory reporters:\n  - identity‑disclosing evidence given to the Inquiry by someone who reported suspected child abuse under the statutory mandatory notification scheme cannot be used in court without court permission (s15).\n\n**Who it affects**\n\n- Primary subjects:\n  - current and former children who were in State care and people alleged to have committed offences against them (Sch 1);\n  - children who are members of APY communities and resident on the APY lands and alleged perpetrators (Sch 2).\n\n- Government actors and agencies:\n  - Ministers, public agencies and officials who administered child‑protection law and who may be asked to produce records or give evidence (Sch 1; s6–8, s10);\n  - the Minister who must appoint support staff and respond to the Commissioner’s report (s8, s11A).\n\n- Witnesses and service providers:\n  - people compelled to give evidence (s6–7), persons providing support (s8(3)), and legal representatives who appear before the Inquiry (s13(3)).\n\n- Police and prosecuting authorities, because the Commissioner must share information about alleged sexual offences with police except in narrowly defined circumstances (s10(2)).\n\n**Why it matters (official purpose and practical effects)**\n\n- Stated purpose: to investigate allegations that State agencies or relevant persons failed to investigate or appropriately deal with sexual offences against children in State care, and to inquire into the incidence of sexual offences against children on APY lands (long title; Sch 1 cl 2; Sch 2 cl 2).\n\n- Practical trade‑offs and implementation considerations (mechanisms, incentives and costs):\n  - Who pays and who decides: the State funds and appoints the Commissioner and support staff (s4, s8). The Commissioner has broad procedural discretion (s5).\n  - Compliance costs and incentives: government agencies face a tangible compliance burden to search for and produce records and to make staff available for evidence (s6–8). That creates reputational and administrative costs for agencies; there is no civil or criminal determination by the Commissioner (Sch 1 cl 2(5); Sch 2 cl 2(6)), so formal legal liability is not resolved by the Inquiry.\n  - Privacy versus transparency: confidentiality and non‑publication orders (s9) and restrictions on using compelled material in court (s14) protect victims and informants but limit public access to identifying material; the Commissioner also must share information with police (s10(2)), which can trigger criminal investigations.\n  - Accountability and finality: the Act bars judicial review of Inquiry proceedings and the Commissioner’s decisions (s12) and grants broad immunities (s13). That speeds Inquiry work and reduces legal delay but narrows avenues for court challenge to how the Inquiry is conducted.\n  - Support and trauma risk management: the Act requires appointment of social‑work and investigative support (s8) and allows referral to counselling (s5(1)(d)) to manage participation risks for vulnerable witnesses.\n  - Implementation risks: effectiveness depends on cooperation from agencies (records, witnesses) and operational arrangements with police (s10). The Commissioner must take steps not to prejudice concurrent criminal investigations (s5(1)(f)), which requires careful coordination.\n\n**Concrete benefits and limits**\n\n- Concentrated benefits: individuals or communities (particularly APY communities named in Schedule 2) may gain a formal, resourced inquiry into past harms (Sch 2 cl 2);\n- Diffuse costs: the public meets the financial and administrative cost; government agencies shoulder record‑search and compliance costs; some information will remain confidential or not directly usable in court due to immunity and non‑admissibility rules (s9, s13, s14).\n\n**Key legal limits built into the Act**\n\n- The Commissioner must not make findings of criminal or civil liability (Sch 1 cl 2(5); Sch 2 cl 2(6)).\n- Evidence-gathering must avoid prejudicing criminal investigations (s5(1)(f)).\n- Compelled answers cannot be used in later criminal or civil trials against the witness (s14), though they can be used in prosecutions under this Act.\n\n(References in parentheses are to sections and schedules of the Act.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation originally commenced as the 'Commission of Inquiry (Children in State Care) Act 2004' focusing solely on children in state care. In 2007, it was significantly amended by the 'Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Act 2007' to add a second commission of inquiry regarding children on APY lands. This expanded the scope from a single inquiry into state care failures to a dual-purpose Act addressing both systemic government failures and abuse in a specific Indigenous community context. The title was changed, section 4A was inserted, Schedule 2 was added, and various definitions were amended to accommodate this broader scope."},"complexity_factors":["Two distinct but related inquiry mechanisms with overlapping but separate terms of reference (Schedules 1 and 2)","Multiple cross-references to other Acts (Evidence Act 1929, Judges' Pensions Act 1971, Children's Protection Act 1993, Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, Child Protection Review (Powers and Immunities) Act 2002)","Conditional exceptions to mandatory reporting to police in section 10(2) with nested sub-conditions","Specific demographic requirements for Assistant Commissioners (one male, one female, at least one Aboriginal) in section 4A(3)","Complex confidentiality provisions with multiple exceptions and public interest tests (sections 9 and 15)","Self-incrimination provisions that create admissibility exceptions (section 14)","Legislative history showing significant amendment in 2007 to expand scope from State care only to include APY lands"],"plain_english_summary":"This South Australian law establishes two separate commissions of inquiry to investigate serious allegations of child sexual abuse.\n\n**What it does:**\nThe Act creates two distinct investigations:\n1. **Children in State Care Inquiry**: Investigates allegations that government agencies failed to properly investigate or deal with sexual offences against children who were under the care, custody or guardianship of the Minister responsible for child protection. This includes looking at whether records were kept properly or destroyed.\n\n2. **APY Lands Inquiry**: Investigates the incidence of sexual abuse against children living on the Anangu Pitjantjatjara Yankunytjatjara (APY) lands in remote South Australia.\n\n**Key powers and protections:**\n- The Commissioner can summon witnesses, require them to give evidence, and demand documents\n- Witnesses must answer questions even if it might incriminate them, though their answers generally can't be used against them in court later\n- Proceedings are private by default, but can be public if in the public interest\n- Strict confidentiality rules protect victims' identities\n- The Commissioner has judicial-like protections (similar to a Supreme Court Judge)\n- No one can sue to challenge the Commissioner's decisions or the inquiry process\n- Information about alleged crimes must be passed to police unless specific exceptions apply\n\n**Who it affects:**\n- Survivors of abuse in state care or on APY lands\n- Government agencies and employees who handled these cases\n- Anyone summoned to give evidence\n- The APY communities in remote South Australia\n\n**Why it matters:**\nThis legislation addresses historical failures in child protection systems. It provides a formal mechanism to examine systemic failures, ensure accountability, and recommend reforms to protect vulnerable children. The inclusion of APY lands specifically acknowledges the unique challenges facing Indigenous communities in remote areas.\n\n**Reporting requirements:**\nThe Commissioner must report to Parliament, and the Minister must respond with action plans and progress reports over 5 years."}},"importantCases":[],"_links":{"self":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004","history":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004/history","analysis":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004/analysis","conflicts":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004/conflicts","importantCases":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004/important-cases","documents":"/api/acts/commission-of-inquiry-children-in-state-care-and-children-on-apy-lands-act-2004/documents"}}