{"id":"commissioner-for-kangaroo-island-act-2014","name":"Commissioner for Kangaroo Island Act 2014","slug":"commissioner-for-kangaroo-island-act-2014","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31784,"registerId":"sa-commissioner-for-kangaroo-island-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commissioner for Kangaroo Island Act 2014","content":"South Australia\nCommissioner for Kangaroo Island Act 2014\nAn Act to establish a Commissioner for Kangaroo Island and to provide for the development of management plans in relation to the co‑ordination and delivery of infrastructure and services on Kangaroo Island and other matters relating to Kangaroo Island; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tInteraction with other Acts\n5\tAct binds Crown\nPart 2—Commissioner for Kangaroo Island\n6\tAppointment of Commissioner\n7\tTerms and conditions of appointment\n8\tFunctions of Commissioner\n9\tProvision of information\n10\tMinisterial direction\n11\tAppointment of acting Commissioner\n12\tHonesty and accountability\n13\tStaff\n14\tDelegation\nPart 3—Local advisory boards\n15\tEstablishment of local advisory boards\n16\tFunctions of local advisory board\nPart 4—Management plans\n17\tPreparation of management plans and amendments\n18\tEffect of management plans\nPart 5—Miscellaneous\n19\tAnnual report\n20\tReview by ERD Committee\n21\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Commissioner for Kangaroo Island Act 2014.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nCommissioner means the person for the time being holding or acting in the office of Commissioner for Kangaroo Island under Part 2;\ncouncil means a council established under the Local Government Act 1999;\ngovernment agency means—\n\t(a)\ta State authority; or\n\t(b)\tan agency or instrumentality of the Crown in right of the Commonwealth;\nmanagement plan means a management plan in force under Part 4;\nresponsible Minister in relation to a State authority means—\n\t(a)\tif the authority is a person who holds an office established by an Act or a body established by or under an Act—the Minister responsible for the administration of that Act; or\n\t(b)\tif the authority is an administrative unit—the Minister responsible for that administrative unit; or\n\t(c)\tif the authority is an assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016—the Minister responsible for the administration of that Act; or\n\t(d)\tin any other case—the Minister declared by the regulations to be the responsible Minister for the authority or, in the absence of such a declaration, the Minister responsible for the administration of this Act;\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\tan administrative unit; or\n\t(c)\ta council; or\n\t(d)\tan assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016; or\n\t(e)\tany incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or\n\t(iii)\testablished or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act or an enactment); or\n\t(f)\ta person or body declared by the regulations to be an authority to which this Act applies,\nbut does not include a body or entity excluded from the ambit of this definition by the regulations.\n4—Interaction with other Acts\nExcept where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.\n5—Act binds Crown\nThis Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.\nPart 2—Commissioner for Kangaroo Island\n6—Appointment of Commissioner\n\t(1)\tThere will be a Commissioner for Kangaroo Island.\n\t(2)\tThe Commissioner will be appointed by the Governor and is an agency of the Crown.\n\t(3)\tThe Minister must undertake consultation (in such manner as the Minister thinks fit) with the Kangaroo Island Council and the people of Kangaroo Island in relation to any proposed appointment under this section.\n\t(4)\tThe person appointed as Commissioner—\n\t(a)\tshould have experience in the commercial sector and a detailed understanding of the system of government in the State (including the respective roles of State and local government) and any strategies, plans or objectives for Kangaroo Island adopted by the State Government or the Kangaroo Island Council; and\n\t(b)\tmay be a Public Service employee.\n7—Terms and conditions of appointment\n\t(1)\tThe Commissioner will be appointed for a term not exceeding 5 years and on conditions determined by the Governor and, at the end of a term of appointment, will be eligible for reappointment.\n\t(2)\tThe appointment of the Commissioner may be terminated by the Governor on the ground that the Commissioner—\n\t(a)\thas been guilty of misconduct; or\n\t(b)\thas been convicted of an offence punishable by imprisonment; or\n\t(c)\thas become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(d)\thas been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\thas, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or\n\t(f)\tis incompetent or has neglected the duties of the position.\n\t(3)\tThe appointment of the Commissioner is terminated if the Commissioner—\n\t(a)\tbecomes a member, or a candidate for election as a member, of the Parliament of a State or the Commonwealth or a Legislative Assembly of a Territory of the Commonwealth; or\n\t(b)\tis sentenced to imprisonment for an offence.\n\t(4)\tThe Commissioner may resign by notice in writing to the Minister of not less than 3 months (or such shorter period as is accepted by the Minister).\n8—Functions of Commissioner\nThe functions of the Commissioner are—\n\t(a)\tto improve the management, co‑ordination and delivery of infrastructure and services provided by government agencies on Kangaroo Island;\n\t(b)\tto provide appropriate assistance to residents and businesses on Kangaroo Island in dealing with government agencies (with a view to ensuring co‑ordinated delivery of infrastructure and services to such residents and businesses);\n\t(c)\tto assist with improving the local economy on Kangaroo Island; \nNote—\nThis may include, for example, assisting with the marketing of the Island or products from the Island and helping to create employment and other opportunities from tourism or other industry development programs on the Island.\n\t(d)\tto prepare, and keep under review, management plans in accordance with the provisions of Part 4 (and consistently with the functions of the Commissioner referred to in paragraphs (a) and (c));\n\t(e)\tany other functions conferred on the Commissioner by or under this or any other Act or by the Minister.\n9—Provision of information\n\t(1)\tThe Commissioner may, by written notice served personally or by post, require a State authority to give the Commissioner, within a reasonable time specified in the notice, information in its possession that the Commissioner requires for the performance of the Commissioner's functions under this Act.\n\t(2)\tA State authority must not enter into a contract of a prescribed kind unless the State authority has provided a copy of the contract to the Commissioner and allowed the Commissioner not less than 5 business days to comment on the proposed contract.\n\t(3)\tIf a State authority (other than a council) refuses or fails to comply with a notice under subsection (1) or with the requirements of subsection (2), the Commissioner may, after consultation with the State authority—\n\t(a)\treport the refusal or failure to the responsible Minister and to the Premier; and\n\t(b)\tinclude details of the refusal or failure in the annual report of the Commissioner under section 19.\n\t(4)\tIf a council refuses or fails to comply with a notice under subsection (1) or with the requirements of subsection (2)—\n\t(a)\tthe Commissioner may, after consultation with the council, report the refusal or failure to the Minister responsible for the administration of the Local Government Act 1999; and\n\t(b)\tthat Minister may, on the basis of the refusal or failure, take action under section 272 of that Act.\n\t(5)\tInformation obtained by the Commissioner in the exercise of powers or functions under this section must not be disclosed except—\n\t(a)\tfor the purpose of a report under this Act or as is otherwise reasonably required for the proper exercise of the Commissioner's functions under this Act; or\n\t(b)\tas may be authorised by the State authority; or\n\t(c)\tas required under any other Act or law.\n\t(6)\tThe Commissioner, and all other persons appointed or engaged (or formerly appointed or engaged) to exercise powers and functions under this Act, must not disclose any information referred to in subsection (5) contrary to the provisions of that subsection.\nMaximum penalty: $10 000.\n10—Ministerial direction\n\t(1)\tSubject to this section, the Minister may give directions to the Commissioner.\n\t(2)\tThe Minister must consult with the Commissioner before giving a direction.\n\t(3)\tA Ministerial direction to the Commissioner—\n\t(a)\tmust be communicated to the Commissioner in writing; and\n\t(b)\tmust be included in the annual report of the Commissioner under section 19.\n11—Appointment of acting Commissioner\n\t(1)\tThe Minister may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which—\n\t(a)\tno person is for the time being appointed as the Commissioner; or\n\t(b)\tthe Commissioner is absent from, or unable to discharge, official duties.\n\t(2)\tThe terms and conditions of appointment of the person appointed to act as the Commissioner will be determined by the Minister.\n12—Honesty and accountability\nThe Commissioner and any other person appointed to act as the Commissioner are senior officials for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n13—Staff\nThe Commissioner may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n14—Delegation\n\t(1)\tSubject to this section, the Commissioner may delegate functions or powers to any person or body of persons that is, in the Commissioner's opinion, competent to perform or exercise the relevant functions or powers. \n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nPart 3—Local advisory boards\n15—Establishment of local advisory boards\n\t(1)\tThe Commissioner—\n\t(a)\tmay establish such local advisory boards as the Commissioner thinks fit; and\n\t(b)\tmust consult with a local advisory board in relation to each management plan or proposed management plan.\n\t(2)\tThe Commissioner may appoint such members of a local advisory board as the Commissioner thinks fit.\n\t(3)\tThe Commissioner must undertake consultation (in such manner as the Commissioner thinks fit) with the Kangaroo Island Council in relation to any proposed appointment under this section.\n\t(4)\tThe Commissioner must not appoint a person as a member of a local advisory board unless the Commissioner is of the opinion that the person has qualifications, knowledge or experience relevant to the functions of the board.\n\t(5)\tThe Commissioner will determine who will be the presiding member of a local advisory board.\n\t(6)\tThe procedures to be observed in relation to the conduct of the business of a local advisory board will be—\n\t(a)\tas determined by the board; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the Commissioner.\n\t(7)\tIf the Public Sector (Honesty and Accountability) Act 1995 would not, apart from this section, apply to a member of a local advisory board, that Act applies to the member in the same way as to an advisory body member within the meaning of that Act.\n16—Functions of local advisory board\nThe function of a local advisory board is to provide advice to the Commissioner in relation to any matter referred to the board by the Commissioner (and in particular in relation to any management plan or proposed management plan referred to the board).\nPart 4—Management plans\n17—Preparation of management plans and amendments\n\t(1)\tThe Commissioner must prepare management plans setting out—\n\t(a)\tthe proposals of the Commissioner in relation to the provision of infrastructure, the effective delivery of services and other matters relating to Kangaroo Island; and\n\t(b)\tthe priorities that the Commissioner recommends be pursued in order to implement the proposals; and\n\t(c)\tstrategies for consulting and engaging with persons or bodies whose co‑operation is required for the effective implementation of the proposals.\n\t(2)\tThe Commissioner must keep the management plans under review and may amend any management plan in accordance with this section at any time the Commissioner thinks fit.\n\t(3)\tIn relation to any proposal to create or amend a management plan, the Commissioner—\n\t(a)\tmust prepare a draft of the proposal; and\n\t(b)\tif the draft is approved by the Governor—\n\t(i)\tmust seek the views of any relevant local advisory board; and\n\t(ii)\tmust seek the views of—\n\t(A)\tthe responsible Minister for each State authority (other than a council) that will be directly affected by the proposal; and\n\t(B)\tprescribed bodies,\nin relation to the proposal; and\n\t(c)\tif a council is directly affected by the proposal—must seek the views of the council in relation to the proposal and, if the proposal has the potential to create additional costs for the council, must consult with the council in relation to options for funding such additional costs; and\n\t(d)\tmay seek the views of any Minister or other person or body the Commissioner thinks fit; and\n\t(e)\tmust, by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within the period specified in the notice.\n\t(4)\tThe Commissioner must make copies of all representations made by members of the public in response to a notice under subsection (3)(e) available for public inspection (except in the case of a representation that was made in confidence) and for that purpose the Commissioner must, by public notice, give notice of the place or places at which the copies are available.\n\t(5)\tBefore adopting a management plan, or an amendment to a management plan, the Commissioner must—\n\t(a)\thave regard to any views expressed by relevant local advisory boards, responsible Ministers, prescribed bodies and councils in relation to the proposal; and\n\t(b)\tconsider all representations made by members of the public in response to a notice under subsection (3)(e),\nand the Commissioner may make such alterations to the draft as the Commissioner thinks necessary or desirable.\n\t(6)\tThe Commissioner must—\n\t(a)\tmake reasonable provision for the publication of management plans; and\n\t(b)\tensure that copies of management plans are reasonably available for inspection (without charge) by the public at a place or places determined by the Commissioner and on a website determined by the Commissioner; and\n\t(c)\tensure that public notice is given of any amendment to a management plan within a reasonable time after the amendment is made.\n\t(7)\tA failure of the Commissioner to comply with a requirement of this section cannot be taken to affect the validity of a management plan.\n\t(8)\tIn this section—\nrelevant local advisory board, in relation to a management plan or an amendment to a management plan, means the local advisory board consulted by the Commissioner in relation to the management plan and any other local advisory board that, in the opinion of the Commissioner, has responsibilities relevant to the matters being addressed in the plan or amendment (as the case requires).\n18—Effect of management plans\n\t(1)\tA management plan, and any amendment to a management plan, has no force or effect until approved by the Governor.\n\t(2)\tA management plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).\n\t(3)\tA State authority must endeavour, as far as practicable, to act consistently with the management plans.\n\t(4)\tIf the Commissioner is reasonably satisfied that a government agency has failed to act consistently or to co‑operate with a management plan or that the actions of any other person or body have frustrated proposals included in a management plan or are otherwise likely to affect the implementation of a management plan—\n\t(a)\tthe Commissioner may make a report on the matter to the Minister and to the Premier; and\n\t(b)\tthe Commissioner may forward copies of any such report to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses.\n\t(5)\tA power or function of the Commissioner under subsection (4) must not be delegated.\nPart 5—Miscellaneous\n19—Annual report\n\t(1)\tThe Commissioner must, on or before 30 September in each year, prepare and deliver to the Minister a report on—\n\t(a)\tthe operations of the Commissioner and any local advisory boards; and\n\t(b)\tthe implementation of the management plans,\nduring the previous financial year.\n\t(2)\tThe Minister must, within 12 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n20—Review by ERD Committee\nThe Environment, Resources and Development Committee of the Parliament must inquire into, consider and report to the Parliament on the operation of this Act—\n\t(a)\tafter this Act has been in operation for a period of 2 years; and\n\t(b)\tat the end of each period of 4 years thereafter.\n21—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe Minister must undertake consultation (in such manner as the Minister thinks fit) with the Kangaroo Island Council and the Commissioner in relation to any proposed regulation under this Act.\nLegislative history\nNotes\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.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2014\n15\nCommissioner for Kangaroo Island Act 2014\n6.11.2014\n15.1.2015 (Gazette 15.1.2015 p308) except ss 8—10 & 15—19—4.6.2015 (Gazette 4.6.2015 p2513)\n2017\n5\nStatutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 7 (s 19)—19.3.2021 (Gazette 4.3.2021 p823)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.3.2021\ns 3\n\n\nresponsible Minister\namended by 5/2017 s 19(1)\n19.3.2021\nState authority\namended by 5/2017 s 19(2)\n19.3.2021\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Amendments noted in the legislative history (notably the 2017 amendments) updated definitions (for example of 'State authority' and 'responsible Minister') and timing/commencement provisions to align with planning and administrative architecture; they were definitional and procedural. The core purpose—establishing a Commissioner to prepare management plans and coordinate services for Kangaroo Island—remains the same, so the Act has not grown materially beyond its original scope."},"complexity_factors":["Short statute: 21 sections divided into 5 Parts (limited length)","7 defined interpretation terms with layered subdefinitions (Commissioner, council, government agency, management plan, responsible Minister, State authority, etc.) (s3)","Multiple cross‑references to other Acts (Local Government Act 1999; Public Sector (Honesty and Accountability) Act 1995; Corporations Act 2001; Planning, Development and Infrastructure Act 2016)","Conditional governor/minister steps: draft management plans require Governor approval before certain consultation steps and final plans require Governor approval to take effect (s17(3)(b), s18(1))","Administrative conditionality and nested consultation requirements (Commissioner must consult advisory boards, responsible Ministers, prescribed bodies, councils and the public) (s17(3))","Delegation rules with one expressly non‑delegable power (delegations generally allowed but reports under s18(4) cannot be delegated) (ss14, 18(5))","Procedural competence obligations: info notices, prescribed contract sighting with a 5 business‑day comment period, and reporting as primary enforcement mechanism (s9)","Transparency and oversight obligations (written ministerial directions to be published in annual report; annual reporting; periodic parliamentary committee review) (ss10, 19, 20)","Penalty and confidentiality regime for disclosure breach (s9(6))"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a statutory office called the Commissioner for Kangaroo Island (the Commissioner) and makes that office an agency of the Crown (s6).\n- Gives the Commissioner specific functions: to coordinate and improve delivery of government infrastructure and services on Kangaroo Island; to help residents and businesses deal with government agencies; to assist with improving the local economy (for example marketing and employment opportunities); and to prepare and keep under review management plans that set proposals, priorities and consultation strategies for implementing those proposals (s8, Part 4).\n- Requires the Commissioner to prepare draft management plans, consult advisory boards, responsible Ministers and the public, and publish plans; drafts must be approved by the Governor before certain consultation steps (s17). Management plans only take effect once approved by the Governor and are expressly stated to be statements of policy that do not by themselves create enforceable rights (s18(1)–(2)). State authorities must endeavour to act consistently with the plans (s18(3)).\n- Authorises the Commissioner to require information from State authorities and (for prescribed kinds of contracts) to be given a copy of a proposed contract and at least five business days to comment (s9(1)–(2)). Non‑compliance by a State authority (other than a council) can be reported to responsible Ministers and the Premier and recorded in the Commissioner’s annual report (s9(3)); councils are subject to the Local Government Act procedures for refusal or failure (s9(4)).\n- Allows the Commissioner to establish local advisory boards, appoint members (after consulting Kangaroo Island Council), and consult those boards on management plans (s15–16).\n- Creates accountability and transparency measures: the Minister may give written directions but must consult the Commissioner first and directions must be included in the Commissioner’s annual report (s10); the Commissioner must deliver an annual report to the Minister and that report is to be tabled in Parliament (s19).\n- Provides administrative powers: the Commissioner may delegate functions in writing, may use public service staff by agreement, and may appoint acting Commissioners (ss11,13–14). Some powers cannot be delegated (s18(5)).\n\n**Who this affects**\n\n- Kangaroo Island residents and businesses who may receive coordination or assistance from the Commissioner (s8).\n- State authorities and administrative units (a broadly drawn class that includes councils, statutory offices, administrative units and other bodies defined in the Act) because they must respond to information notices and give the Commissioner opportunities to comment on prescribed contracts (s3 interpretation, s9).\n- The Kangaroo Island Council, because the Minister must consult it on appointments and the Commissioner must consult it on appointments to local advisory boards and on matters where the council is directly affected (s6(3), s15(3), s17(3)(c)).\n- Ministers, the Premier and Parliament, as recipients of reports and as oversight points for the Commissioner’s work (ss9(3), 18(4), 19).\n\n**Why it matters (official claim then practical implications)**\n\n- Officially, the Act aims to improve coordination and delivery of infrastructure and services on Kangaroo Island and to support the Island’s local economy by creating a focused office with planning and liaison powers (s8). The mechanism for doing this is management plans backed by reporting, information‑gathering and consultative structures (Parts 3–4).\n\n- Practical implications and trade‑offs:\n  - Legal force: Management plans are explicitly policy instruments that do not themselves change legal rights or obligations (s18(2)). Their effect depends on persuasion and political/administrative compliance rather than statutory compulsion — State authorities are only required to \"endeavour\" to act consistently (s18(3)). This lowers legal enforcement cost but raises implementation risk: success depends on cooperation and follow‑through by agencies and ministers (s18(3)–(4)).\n  - Information and contracting friction: The Commissioner can compel information and require sight of certain contracts with a five‑business‑day comment window for prescribed contracts (s9(1)–(2)). That creates a compliance burden for agencies and could slow procurement or contract finalisation where the requirement applies; the Act does not itself create a power to veto contracts, only to comment and report non‑compliance (s9(3)).\n  - Funding choices and cost incidence: The Act requires the Commissioner to consult councils if a proposal may create additional council costs and to discuss funding options (s17(3)(c)). It does not itself appropriate funds. Any fiscal impact depends on later executive or budget decisions implementing management‑plan proposals.\n  - Bureaucratic discretion and appointment control: The Governor (on Ministerial nomination practice) appoints the Commissioner (s6); the Minister may give directions but must consult the Commissioner and must publish directions in the annual report (s10). The Commissioner may appoint advisory boards and delegate many powers (ss14–15). Those design features concentrate discretion in an appointed office while creating statutory transparency obligations (s10(3), s19).\n  - Transparency and parliamentary oversight: Annual reporting and parliamentary review are required—reports are tabled in Parliament (s19) and the Environment, Resources and Development Committee must review the Act’s operation after two years and then every four years (s20). Ministerial directions are made public through the Commissioner’s report (s10(3)).\n\n**Effects on private enterprise and markets (what the Act permits or restricts)**\n\n- Positive facilitation: The Commissioner is empowered to help local businesses by coordinating government services, marketing and creating opportunities (s8(c)). That is facilitative rather than regulatory — the office can streamline interactions but does not change business licensing or competition law.\n- Contract freedom and procurement: The Commissioner’s right to be shown prescribed contracts and to comment (s9(2)) creates a potential procedural constraint on contracting by State authorities. The Act does not grant a power to block contracts but does create an administrative check that could alter timing and negotiation leverage.\n- No direct intervention in private property or competition rules: Management plans are policy statements and the Act contains no power to override private contracts or to impose regulatory conditions directly on private firms (s18(2)).\n\n**Costs, incentives and risks to note (mechanisms, not judgments)**\n\n- Who pays: the Act itself does not appropriate money; implementation costs (project funding, service changes) follow from adoption of proposals in management plans and would be borne by whoever funds those projects (State agencies, councils or the private sector). The Commissioner must consult councils about potential additional costs (s17(3)(c)).\n- Concentrated benefits and diffuse costs: The Act creates an office devoted to Kangaroo Island which concentrates potential benefits on the Island; funding or resource diversion decisions required to implement plans could distribute costs across general government budgets, but the Act does not specify funding mechanics (s8, s17).\n- Compliance burden: State authorities face obligations to supply information on request and to provide contract copies of prescribed kinds; failure to comply is addressed by reporting rather than immediate statutory sanction (s9(1)–(4)). Confidentiality obligations on officials are backed by an expressed penalty for improper disclosure (s9(6)).\n- Capture and appointment risks: The Commissioner appoints advisory boards and delegates functions (ss14–15). The Act requires some consultation with Kangaroo Island Council on appointments (s6(3), s15(3)), but leaves scope for discretionary appointment and delegation, which concentrates operational choice in the Commissioner’s office.\n\n**Bottom line**\n\nThe Act creates a statutory Commissioner to coordinate infrastructure and service delivery on Kangaroo Island through non‑binding management plans, information‑gathering powers, advisory boards and reporting. It relies on consultation, transparency and administrative pressure rather than direct legal compulsion to change agency behaviour. The principal levers are planning, publicity and administrative coordination; the Act does not itself allocate funding or convert plans into enforceable legal rights (ss8, 17–18, 19)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a Commissioner for Kangaroo Island with coordination and planning functions. The 2017 amendment merely updated cross-references to reflect changes in planning legislation (replacing references to the Development Act 1993 with the Planning, Development and Infrastructure Act 2016), without expanding the substantive scope."},"complexity_factors":["Moderate cross-referencing: References to Local Government Act 1999, Planning, Development and Infrastructure Act 2016, Corporations Act 2001 (Cth), and Public Sector (Honesty and Accountability) Act 1995","Nested definitions: 'State authority' has 6 sub-paragraphs with multiple limbs, and 'responsible Minister' has 4 cascading definitions","Conditional logic in section 9: Different enforcement mechanisms for State authorities vs councils (subsections 3 vs 4)","Multi-stage process for management plans in section 17: Draft → Governor approval → consultation → public notice → representations → final adoption","Exception in section 17(7): Non-compliance with procedural requirements doesn't invalidate plans","Approximately 15 defined terms in the interpretation section"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special \"Commissioner for Kangaroo Island\" — essentially a coordinator-in-chief for all government services and infrastructure on Kangaroo Island, South Australia. Think of them as a one-stop-shop advocate and planner who cuts through red tape between different government departments.\n\n**Who it affects:**\n\n- **Residents and businesses on Kangaroo Island** — they get a dedicated advocate to help them deal with government agencies\n- **State government departments and agencies** — they must share information with the Commissioner and try to follow the Commissioner's management plans\n- **Kangaroo Island Council** — must be consulted on appointments and regulations\n- **Local advisory boards** — community groups the Commissioner can set up to give advice on local issues\n\n**Key features:**\n\n- The **Commissioner** is appointed by the Governor (on the Premier's advice) for up to 5 years, and must have commercial experience plus understand how government works\n- The Commissioner prepares **management plans** setting out priorities for infrastructure and services — these need Governor approval but are \"policy\" only (they don't create legal rights or force agencies to comply, though agencies must \"endeavour\" to follow them)\n- **Information powers**: The Commissioner can demand information from government agencies and must be shown contracts before they're signed\n- **Local advisory boards**: The Commissioner can create these to advise on local issues, particularly management plans\n- **Transparency**: Annual reports to Parliament, public consultation on plans, and reviews every 4 years by a parliamentary committee\n\n**Why it matters:**\n\nKangaroo Island is geographically isolated and has unique needs (tourism, agriculture, conservation). This Act tries to fix the problem of different government departments working in silos by creating a single point of coordination. It's a \"soft power\" model — the Commissioner can't force agencies to comply, but can embarrass them through reports to the Premier and Parliament if they don't cooperate."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and current provisions is possible from the available content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404/Page Not Found error","The complexity score of 1 reflects the absence of analysable content, not necessarily the complexity of the underlying Act","Website restructure on 24 March 2026 broke legacy hyperlinks to SA legislation","Without access to the Act's provisions, sections, schedules, or definitions, no meaningful complexity assessment can be made"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Commissioner for Kangaroo Island Act 2014** (South Australia) could not be retrieved — the legislation website returned a **'Page Not Found'** error, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian Act** passed in **2014**\n- It almost certainly established the role of a **Commissioner for Kangaroo Island** — a government official appointed to oversee, advocate for, or coordinate matters relating to Kangaroo Island (a significant island off the SA coast)\n- Commissioners of this type typically have powers to **investigate**, **report**, **recommend policy**, or **coordinate services** for a specific region or community\n\n### Who might be affected:\n- **Kangaroo Island residents and businesses** — the Commissioner likely had powers or responsibilities directly relevant to their daily lives and livelihoods\n- **State government agencies** operating on or in relation to Kangaroo Island\n- **Tourists and visitors**, depending on the Commissioner's remit\n\n### ⚠️ Important caution:\nBecause the actual legislative text was not retrievable, **no reliable legal analysis can be provided**. Anyone needing to understand this Act's actual provisions should:\n1. Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n2. Contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n3. Consult a South Australian lawyer"}},"importantCases":[],"_links":{"self":"/api/acts/commissioner-for-kangaroo-island-act-2014","history":"/api/acts/commissioner-for-kangaroo-island-act-2014/history","analysis":"/api/acts/commissioner-for-kangaroo-island-act-2014/analysis","conflicts":"/api/acts/commissioner-for-kangaroo-island-act-2014/conflicts","importantCases":"/api/acts/commissioner-for-kangaroo-island-act-2014/important-cases","documents":"/api/acts/commissioner-for-kangaroo-island-act-2014/documents"}}