{"id":"cross-border-commissioner-act-2022","name":"Cross Border Commissioner Act 2022","slug":"cross-border-commissioner-act-2022","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31870,"registerId":"sa-cross-border-commissioner-act-2022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cross Border Commissioner Act 2022","content":"South Australia\nCross Border Commissioner Act 2022\nAn Act to establish a Cross Border Commissioner charged with facilitating improved outcomes for people and businesses in cross border communities, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tInteraction with other Acts\nPart 2—Cross Border Commissioner\n5\tAppointment of Commissioner\n6\tTerms and conditions of appointment\n7\tFunctions of Commissioner\n8\tMinisterial direction\n9\tAppointment of acting Commissioner\n10\tHonesty and accountability\n11\tStaff\n12\tDelegation\nPart 3—Miscellaneous\n13\tConfidentiality\n14\tAnnual report\n15\tReview of Act\n16\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 Cross Border Commissioner Act 2022.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nCommissioner means the person for the time being holding or acting in the office of Cross Border Commissioner under Part 2;\ncross border communities means communities located on, or close to, the South Australian border.\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.\nPart 2—Cross Border Commissioner\n5—Appointment of Commissioner\n\t(1)\tThere will be a Cross Border Commissioner.\n\t(2)\tThe Commissioner will be appointed by the Governor, on the recommendation of the Minister, and is an agency of the Crown.\n\t(3)\tThe person appointed as Commissioner—\n\t(a)\tshould reside in a cross border community; and\n\t(b)\tshould have a detailed understanding of the issues affecting cross border communities; and\n\t(c)\tmay be a Public Service employee.\n6—Terms and conditions of appointment\n\t(1)\tThe Commissioner will be appointed for a term not exceeding 3 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).\n7—Functions of Commissioner\nThe functions of the Commissioner are as follows:\n\t(a)\tto facilitate collaboration between governments and service providers to address issues involving cross border communities;\n\t(b)\tto work and engage with all tiers of government, businesses and the community to ensure the needs of cross border communities are considered in the development and implementation of policy, procedures and legislation;\n\t(c)\tto identify key barriers for economic development in the cross border regions;\n\t(d)\tto advocate for a simplified regulatory environment for business growth and labour mobility in the cross border regions;\n\t(e)\tto facilitate better access to services for cross border communities by working with other jurisdictions and service providers to improve planning for and access to a range of education, justice, health and community services for those communities;\n\t(f)\tto update and inform cross border communities and businesses on issues and progress;\n\t(g)\tto prepare an annual plan in consultation with the Minister;\n\t(h)\tto provide reports on any aspect of the Commissioner’s functions at the request of the Minister or on the Commissioner’s own initiative;\n\t(i)\tany other functions conferred on the Commissioner by or under this or any other Act or by the Minister.\n8—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 Part 3.\n9—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.\n10—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.\n11—Staff\nThe Commissioner's staff consist of—\n\t(a)\tPublic Service employees assigned to assist the Commissioner; and\n\t(b)\tpersons employed by the Commissioner, with the consent of the Minister and on terms and conditions determined by the Minister, to assist the Commissioner.\n12—Delegation\n\t(1)\tSubject to this section, the Minister and the Commissioner may delegate any functions under this Act.\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 delegated under this section may, if the instrument of delegation so provides, be further delegated.\nPart 3—Miscellaneous\n13—Confidentiality\n\t(1)\tA person must not divulge or communicate personal information, information relating to trade secrets or business processes or financial information acquired by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act, except—\n\t(a)\twith the consent of the person to whom the information relates; or\n\t(b)\tas authorised by the Commissioner; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto a police officer or a member of the police force of another State, a Territory of the Commonwealth or the Commonwealth; or\n\t(e)\tto a person concerned in the administration of another law of the State, or a law of another State, a Territory of the Commonwealth or the Commonwealth; or\n\t(f)\tfor the purposes of legal proceedings.\nMaximum penalty: $20 000.\n\t(2)\tInformation that has been disclosed under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $20 000.\n14—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 the operations of the Commissioner during 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.\n15—Review of Act\n\t(1)\tThe Minister must cause an independent review of the operation of this Act to be conducted, and a report on the review to be prepared and submitted to the Minister—\n\t(a)\tafter this Act has been in operation for a period of 3 years; and\n\t(b)\tat the end of each period of 5 years thereafter.\n\t(2)\tThe Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n16—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, 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\nYear\nNo\nTitle\nAssent\nCommencement\n2022\n8\nCross Border Commissioner Act 2022 \n14.7.2022\n1.12.2022 (Gazette 1.12.2022 p6755)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act, as drafted, establishes and defines the Cross Border Commissioner’s role, powers and oversight mechanisms. The text does not indicate any change from an earlier scope or a prior instrument; it sets out a new, focused statutory office with the functions and limits described."},"complexity_factors":["Narrow, single-purpose statute establishing an administrative office (overall structure is simple).","Broad, non-exhaustive functional remit gives the Commissioner discretion to prioritise activities (s7).","Ministerial oversight and power to direct the Commissioner, with consultation required before directions (s8) — creates administrative control points.","Appointment, termination and reappointment mechanics with specified grounds for removal (s5, s6) add routine governance detail.","Delegation regime permits written, revocable delegations and further sub-delegation if authorised (s12) — administrative flexibility.","Confidentiality offences with monetary penalties and limits on secondary use of disclosed information (s13) create compliance obligations for staff and delegates.","Annual reporting, independent statutory review timetable (3 years then every 5 years) and regulation‑making power add periodic oversight and rule‑making capacity (s14, s15, s16).","Staffing arrangements combine public servants and minister‑approved hires with minister‑determined terms for the latter (s11), introducing operational discretion."],"plain_english_summary":"Creates a Cross Border Commissioner to help people and businesses in communities on or near South Australia’s borders. The Governor (on the Minister’s recommendation) establishes the office as a Crown agency to coordinate governments and service providers, promote simpler regulation and labour mobility, improve cross‑border access to services, report annually and operate under confidentiality rules.\n\nThe office is accountable to the Minister and can receive Ministerial directions; it is intended to change how governments and providers interact with cross‑border communities to reduce administrative and service barriers."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. No comparison between original intent and enacted provisions is possible from the retrieved content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Cross Border Commissioner Act 2022 creates a South Australian official — a Cross Border Commissioner — to help people, businesses and service providers navigate and resolve problems caused by differing state rules where SA meets other jurisdictions. It matters for border communities, cross‑border trade, and emergency/health/transport services that face regulatory overlap or red tape."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a Cross Border Commissioner to serve border communities. The functions listed in section 7 align directly with the stated purpose in the long title ('facilitating improved outcomes for people and businesses in cross border communities'). No scope creep is evident — the Act establishes the office, sets its functions, provides administrative machinery, and includes standard accountability mechanisms (annual reports, review provisions) without expanding into unrelated policy areas."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Commissioner' and 'cross border communities')","Straightforward sequential structure with no nested cross-references to other Acts (except standard incorporation of Public Sector (Honesty and Accountability) Act 1995)","Simple conditional logic — termination grounds in section 6 are listed disjunctively (any one applies) rather than through complex nested conditions","No exceptions to exceptions; confidentiality provisions in section 13 have a clear prohibition-then-exceptions structure without secondary limitations","Minimal delegation provisions with standard safeguards (written instrument, revocable, doesn't prevent delegator acting)","Short length — 16 sections across 3 Parts covering establishment, functions, and administrative matters"],"plain_english_summary":"This South Australian law creates a new government position called the **Cross Border Commissioner** — essentially an advocate and fixer for people and businesses living near the state's borders with other states or territories.\n\n**What the Commissioner does:**\n- **Acts as a bridge** between different levels of government (state, federal, local) to solve problems for border communities\n- **Pushes for simpler rules** so businesses can grow and workers can move more easily across state lines\n- **Helps people access services** like schools, hospitals, and courts that might be in a neighbouring state but closer than SA options\n- **Keeps communities informed** about issues and progress\n- **Reports annually** to the Minister and Parliament\n\n**Who it affects:**\n- People living in or near South Australia's border regions (defined as \"cross border communities\")\n- Businesses operating across state borders\n- Government agencies that need to coordinate with other states\n\n**Key practical details:**\n- The Commissioner is appointed by the Governor (on the Minister's advice) for up to 3 years at a time\n- They should live in a border community and understand local issues\n- They can be fired for misconduct, bankruptcy, incompetence, or becoming a politician\n- The position comes with strict confidentiality rules (fines up to $20,000 for leaking personal or business information)\n- The law must be reviewed after 3 years, then every 5 years\n\n**Why it matters:**\nBorder communities often fall through cracks between state systems — different rules for health care, driver's licences, business permits, or school enrolments. This Commissioner gives these communities a dedicated voice in government and someone to cut through red tape when states don't coordinate well."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/cross-border-commissioner-act-2022","history":"/api/acts/cross-border-commissioner-act-2022/history","analysis":"/api/acts/cross-border-commissioner-act-2022/analysis","conflicts":"/api/acts/cross-border-commissioner-act-2022/conflicts","importantCases":"/api/acts/cross-border-commissioner-act-2022/important-cases","documents":"/api/acts/cross-border-commissioner-act-2022/documents"}}