{"id":"first-nations-voice-act-2023","name":"First Nations Voice Act 2023","slug":"first-nations-voice-act-2023","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32084,"registerId":"sa-first-nations-voice-act-2023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"First Nations Voice Act 2023","content":"South Australia\nFirst Nations Voice Act 2023\nAn Act to give First Nations people a voice that will be heard by the Parliament of South Australia, the Government of South Australia and other persons and bodies, to establish Local First Nations Voices and the State First Nations Voice, to repeal the Aboriginal Lands Parliamentary Standing Committee Act 2003, to amend the Constitution Act 1934, and for other purposes.\n\nContents\nPreamble\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMeaning of First Nations person\n5\tMeaning of traditional owner\n6\tAct does not require disclosure of certain information\n7\tAct does not limit functions of other First Nations persons or bodies etc\n8\tAct to be read in conjunction with other relevant Acts\nPart 2—Local First Nations Voices\nDivision 1—State to be divided into regions\n9\tConstitution of regions\nDivision 2—Local First Nations Voices\n10\tEstablishment of Local First Nations Voices\n11\tComposition of Local First Nations Voice\n12\tJoint presiding members\n13\tTerms and conditions of office\n14\tVacancies\n15\tFunctions of Local First Nations Voices\n16\tProcedures of Local First Nations Voices\n17\tDelegation\n18\tAccounts and audit\n19\tDuty to act honestly\n20\tCode of conduct\nDivision 3—Elections of members of Local First Nations Voices\n21\tConduct of elections of members of Local First Nations Voices\nDivision 4—Annual meeting of Local First Nations Voices\n22\tAnnual meeting of Local First Nations Voices\nPart 3—State First Nations Voice\n23\tEstablishment of State First Nations Voice\n24\tComposition of State First Nations Voice\n25\tJoint presiding members\n26\tTerms and conditions of office\n27\tVacancies\n28\tFunctions of State First Nations Voice\n29\tProcedures of State First Nations Voice\n30\tFirst Nations Elders Advisory Committee\n31\tFirst Nations Youth Advisory Committee\n32\tStolen Generations Advisory Committee\n33\tNative Title Bodies Advisory Committee\n34\tOther advisory committees\n35\tAccounts and audit\n36\tDuty to act honestly\n37\tCode of conduct\nPart 4—Addresses to Parliament\n38\tState First Nations Voice to deliver annual report and address to Parliament\n39\tState First Nations Voice to be notified of introduction of Bills\n40\tState First Nations Voice entitled to address Parliament in relation to Bills\n41\tState First Nations Voice may present report to Parliament\n42\tState First Nations Voice may be requested to provide report to Parliament etc\nPart 5—Interaction with South Australian Government\nDivision 1—Meeting with Cabinet\n43\tState First Nations Voice to meet with Cabinet\n44\tProtection of communications etc with Cabinet\nDivision 2—Briefings with Chief Executives of administrative units\n45\tBriefings with Chief Executives of administrative units\nDivision 3—Annual engagement hearing with administrative units etc\n46\tAnnual engagement hearing with administrative units etc\nPart 6—Administration and resourcing\n47\tSecretariat\n48\tResources\n49\tUse of staff etc of Public Service\nPart 7—Review of Act\n50\tReview of Act\nPart 8—Miscellaneous\n51\tConfidentiality\n52\tObstruction etc\n53\tProtections, privileges and immunities\n54\tRegulations and fee notices\nSchedule 1—Rules of election for Local First Nations Voices\nPart 1—Preliminary\n1\tInterpretation\n2\tVoters roll\n3\tDeclaration of eligibility\n4\tGender representation\nPart 2—Returning officer\n5\tReturning officer\n6\tDistribution of information and election publicity\nPart 3—Eligibility to vote\n7\tEligibility to vote in elections\nPart 4—Eligibility and nomination for election to Local First Nations Voice\n8\tNominations for office of member of Local First Nations Voice\nPart 5—General rules relating to election\n9\tElection timetable\n10\tUncontested elections\n11\tVoting\n12\tPostal voting may be used\n13\tSystem of voting and determination of certain rules etc\nPart 6—Declaration of results\n14\tProvisional declarations\n15\tRecounts\n16\tDeclaration of results and certificate\nPart 7—Supplementary elections\n17\tSupplementary elections\nPart 8—Disputed Returns\n18\tConstitution of Court\n19\tClerk of Court\n20\tJurisdiction of Court\n21\tProcedure upon petition\n22\tPowers of Court\n23\tEffect of decision\n24\tRight of appearance\n25\tCase stated\n26\tCosts\n27\tRules of Court\nPart 9—Miscellaneous\n28\tFalse or misleading statements\nSchedule 2—Repeals, related amendments and transitional etc provisions\nPart 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003\n1\tRepeal of Aboriginal Lands Parliamentary Standing Committee Act 2003\nPart 2—Amendment of Constitution Act 1934\n2\tInsertion of section 3\n3\tRecognition of importance of First Nations voices\nPart 3—Transitional etc provisions\n3\tFirst election of members of Local First Nations Voices\n4\tConsultation with State First Nations Voice\nLegislative history\n\n\nPreamble\n1\tFor millennia Aboriginal people thrived as the custodians of the land and waters of this State.\n2\tSince colonisation Aboriginal and Torres Strait Islander people have faced unacceptable levels of disadvantage.\n3\tIt is now intended that there be a platform for Aboriginal and Torres Strait Islander people to be better heard by government so that they have more of a say in the decisions that affect their lives.\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the First Nations Voice Act 2023.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nadministrative unit has the same meaning as in the Public Sector Act 2009;\nFirst Nations person—see section 4;\nLocal First Nations Voice, in respect of a region, means the Local First Nations Voice for that region established under section 10;\nregion, for the purposes of this Act, means a region from time to time constituted under section 9;\nserious offence means—\n\t(a)\tan offence against the following provisions of the Criminal Law Consolidation Act 1935:\n\t(i)\tPart 3;\n\t(ii)\tPart 3A;\n\t(iii)\tPart 3B;\n\t(iv)\tPart 3D;\n\t(v)\tPart 4;\n\t(vi)\tPart 5;\n\t(vii)\tPart 6A;\n\t(viii)\tPart 6B;\n\t(ix)\tPart 7;\n\t(x)\tPart 7B (being an offence consisting of aiding, abetting, counselling or procuring the commission of an offence referred to in a preceding subparagraph);\n\t(xi)\tsection 270A (being an offence consisting of attempting to commit an offence referred to in a preceding subparagraph);\n\t(xii)\tsection 270AB;\n\t(xiii)\tsection 270B;\n\t(xiv)\tsection 270C;\n\t(xv)\tsection 270D; or\n\t(b)\tany other offence prescribed by the regulations (being an indictable offence, or a summary offence with a maximum penalty of 12 months imprisonment or more); or\n\t(c)\tan offence against a law of the Commonwealth, or of another State or Territory, corresponding to an offence referred to in a preceding paragraph;\nState First Nations Voice means the State First Nations Voice established under section 23;\ntraditional owner—see section 5.\n4—Meaning of First Nations person\n\t(1)\tFor the purposes of this Act, a person will be taken to be a First Nations person if the person—\n\t(a)\tis of Aboriginal or Torres Strait Islander descent; and\n\t(b)\tregards themselves as Aboriginal or Torres Strait Islander (as the case requires); and\n\t(c)\tis accepted as an Aboriginal or Torres Strait Islander person by the relevant Aboriginal or Torres Strait Islander community.\n\t(2)\tFor the purposes of this Act, a person will be taken to be of Aboriginal or Torres Strait Islander descent if the person is biologically descended from the persons who inhabited Australia or the Torres Strait Islands (as the case requires) before European settlement.\n5—Meaning of traditional owner\nFor the purposes of this Act, a reference to a traditional owner in relation to a particular place will be taken to be a reference to a First Nations person who, in accordance with First Nations tradition, has social, economic, or spiritual affiliations with the place.\n6—Act does not require disclosure of certain information\nNothing in this Act requires a Local First Nations Voice, the State First Nations Voice or any First Nations person to disclose information (however described) that should not, according to First Nations tradition, be disclosed (either generally or in particular circumstances).\n7—Act does not limit functions of other First Nations persons or bodies etc\n\t(1)\tNothing in this Act limits or otherwise affects the functions of any other First Nations persons or bodies under any other Act or law.\n\t(2)\tNothing in this Act limits or otherwise affects an agreement or arrangement (however described) entered into or relating to First Nations persons or bodies (including, to avoid doubt, an agreement under the Native Title Act 1993 of the Commonwealth or any other Act or law), or the ability of First Nations persons or bodies to enter into such agreements or arrangements.\n\t(3)\tNothing in this Act limits or otherwise affects anything that First Nations persons or bodies can do in accordance with First Nations tradition.\n8—Act to be read in conjunction with other relevant Acts\nThe provisions of this Act are intended to be read in conjunction with, and to complement, the provisions of any other Act that implements measures to progress Truth and Treaty, as identified in the Uluru Statement from the Heart.\nPart 2—Local First Nations Voices\nDivision 1—State to be divided into regions\n9—Constitution of regions\n\t(1)\tSouth Australia is to be divided into the prescribed number of regions for the purposes of this Act.\n\t(2)\tEach region—\n\t(a)\tconsists of the area or areas from time to time specified by the regulations; and\n\t(b)\tmay be known by the name from time to time assigned to the region by the State First Nations Voice after consultation with the relevant Local First Nations Voice.\n\t(3)\tWithout limiting subsection (2), the area or areas comprising a region may be identified by reference to a plan of regions lodged in the General Registry Office from time to time.\n\t(4)\tFor the purposes of this section, the prescribed number of regions is—\n\t(a)\tif the regulations from time to time prescribe a number of regions—that number; or\n\t(b)\tif the regulations do not prescribe a number of regions—6.\nDivision 2—Local First Nations Voices\n10—Establishment of Local First Nations Voices\n\t(1)\tThere is to be a Local First Nations Voice in respect of each region in the State.\n\t(2)\tEach Local First Nations Voice—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued; and\n\t(c)\tis, for the purpose of carrying out its functions, capable of—\n\t(i)\tholding, acquiring, dealing with and disposing of real and personal property; and\n\t(ii)\tacquiring or incurring any other rights or liabilities.\n\t(3)\tA Local First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(4)\tA Local First Nations Voice is not an agency or instrumentality of the Crown (and is not, to avoid doubt, a public sector agency under the Public Sector Act 2009).\n\t(5)\tIf an apparently genuine document purports to bear the common seal of a Local First Nations Voice, it is to be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Local First Nations Voice has been duly affixed to that document.\n11—Composition of Local First Nations Voice\nA Local First Nations Voice consists of such number of members as may be prescribed by the regulations (which may, to avoid doubt, consist of different numbers of members for different Local First Nations Voices) elected in accordance with this Act and reflecting the gender diversity contemplated by Schedule 1.\n12—Joint presiding members\n\t(1)\tEach Local First Nations Voice must elect 2 of its members (being persons of different gender) to be joint presiding members of the Local First Nations Voice.\n\t(2)\tA joint presiding member who is removed from the State First Nations Voice under section 27—\n\t(a)\tceases, by force of this section, to be a joint presiding member of the Local First Nations Voice; and\n\t(b)\tis not eligible to be re‑elected as a joint presiding member of the Local First Nations Voice.\n\t(3)\tTo avoid doubt, nothing in subsection (2) requires a member referred to in that subsection to also be removed as an ordinary member of the Local First Nations Voice.\n13—Terms and conditions of office\n\t(1)\tSubject to this Act, a member of a Local First Nations Voice holds office until the next election of members of the Local First Nations Voice and is eligible for re‑election.\n\t(2)\tA member of a Local First Nations Voice is entitled to such remuneration, allowances and expenses as may be determined by the Governor.\n14—Vacancies\n\t(1)\tThe office of a member of a Local First Nations Voice becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not re‑elected; or\n\t(c)\tresigns by written notice to the Governor; or\n\t(d)\tis sentenced to serve a period of imprisonment for an offence; or\n\t(e)\tis found guilty of a serious offence; or\n\t(f)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\tis removed from office by the Governor under subsection (2).\n\t(2)\tThe Governor may, on the recommendation of the State First Nations Voice made at the written request of a Local First Nations Voice, remove a member of that Local First Nations Voice from office—\n\t(a)\tfor misconduct or conduct that may bring the Local First Nations Voice into disrepute; or\n\t(b)\tfor breach of, or non-compliance with, a condition of office; or\n\t(c)\tfor failure to comply with the duty under section 19; or\n\t(d)\tfor breach of, or non-compliance with, the code of conduct under section 20; or\n\t(e)\tif the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(f)\tif the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily.\n\t(3)\tA Local First Nations Voice may only make a written request under subsection (2) in accordance with a resolution passed by a majority of members of the Local First Nations Voice.\n\t(4)\tSubject to subsection (5), the following rules apply to the filling of a casual vacancy that occurs in the office of a member:\n\t(a)\tif the vacancy occurs within 18 months after the member's election, and there was more than 1 candidate at the election, the Governor must appoint the person of the appropriate gender who received the next highest number of votes at that election;\n\t(b)\tif—\n\t(i)\tthere was only 1 candidate at the member's election; or\n\t(ii)\tthe person with the next highest number of votes is no longer suitable, or is unavailable or unwilling to be appointed; or\n\t(iii)\tthe vacancy occurs later than 18 months after that election,\na supplementary election to fill the vacant office must be held.\n\t(5)\tIf a casual vacancy occurs in the office of a member less than 12 months before the next scheduled election of members (not being a supplementary election) the Local First Nations Voice may determine not to fill the vacancy for the remainder of the period until the next election.\n\t(6)\tA member appointed to a vacant office under subsection (4) holds office for the balance of the term of the member's predecessor.\n\t(7)\tAn act or proceeding of a Local First Nations Voice is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n15—Functions of Local First Nations Voices\n\t(1)\tA Local First Nations Voice has the following functions:\n\t(a)\tto consider and discuss matters of interest to First Nations people in its region;\n\t(b)\tto promote, encourage and assist First Nations people in its region to communicate their views on matters of interest;\n\t(c)\tto receive the views of First Nations people in its region and pass those views on to the State First Nations Voice;\n\t(d)\tto liaise and collaborate with the State First Nations Voice on matters of interest to First Nations people in its region;\n\t(e)\tat the discretion of the Local First Nations Voice, to collaborate with and assist public sector agencies and other organisations in the development of policies and procedures that affect First Nations people in its region;\n\t(f)\tat the discretion of the Local First Nations Voice, to engage with local government and with other organisations on matters of interest to First Nations people in its region;\n\t(g)\tsuch other functions as may be assigned to the Local First Nations Voice by or under this Act or by the Minister.\n\t(2)\tSubject to this Act, a Local First Nations Voice has such powers as may be necessary or expedient for the performance of the Local First Nations Voice's functions.\n16—Procedures of Local First Nations Voices\n\t(1)\tSubject to this Act, a quorum of a Local First Nations Voice consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tSubject to this section, a Local First Nations Voice must meet not less than 4, and not more than 6, times in each year.\n\t(3)\tA Local First Nations Voice may, with the approval of the Minister, meet more than 6 times in a year.\n\t(4)\tThe joint presiding members will preside at a meeting of a Local First Nations Voice and, in the absence of 1 of the joint presiding members, the remaining joint presiding member will preside and, in the absence of both joint presiding members, a member chosen by the members present at the meeting will preside.\n\t(5)\tA question arising for decision at a meeting of a Local First Nations Voice will be decided by a majority of the votes cast by the members present at the meeting.\n\t(6)\tEach member present at a meeting of a Local First Nations Voice will be entitled to 1 vote on any question arising for decision at the meeting and, if the votes are equal, the question will be decided in accordance with procedures determined by the Local First Nations Voice.\n\t(7)\tA meeting of a Local First Nations Voice may be conducted remotely using 1 or both of the following means of communication:\n\t(a)\taudio visual;\n\t(b)\taudio,\nand a member who participates in a meeting in accordance with this subsection is taken to be present at the meeting, and to form part of any quorum for the meeting, even if the member is not physically present at the same place as another member participating in the meeting.\n\t(8)\tTo avoid doubt, a meeting of a Local First Nations Voice may be conducted by members attending in person, attending by audio visual or audio means, or by a combination of both.\n\t(9)\tA Local First Nations Voice must have accurate minutes kept of its meetings.\n\t(10)\tSubject to this Act, a Local First Nations Voice may determine its own procedures.\n17—Delegation\n\t(1)\tA Local First Nations Voice may delegate a function under this Act to a member of the Local First Nations Voice.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Local First Nations Voice to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n18—Accounts and audit\n\t(1)\tA Local First Nations Voice must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor‑General may at any time, and must at least once in each year, audit the accounts of a Local First Nations Voice.\n19—Duty to act honestly\nA member of a Local First Nations Voice must at all times act honestly in the performance of the functions of their office, whether within or outside the State.\n20—Code of conduct\n\t(1)\tThe Minister may, by notice in the Gazette, after consultation with the State First Nations Voice, publish a code of conduct for members of Local First Nations Voices (which may be combined with the code of conduct for members of the State First Nations Voice).\n\t(2)\tMembers of Local First Nations Voices must comply with the code of conduct.\nDivision 3—Elections of members of Local First Nations Voices\n21—Conduct of elections of members of Local First Nations Voices\n\t(1)\tSubject to this Act, an election of members of a Local First Nations Voice (including, to avoid doubt, a supplementary election) must be conducted in accordance with Schedule 1.\n\t(2)\tExcept in the case of a supplementary election, an election of members of a Local First Nations Voice—\n\t(a)\tmust be conducted in the course of each general election (within the meaning of the Electoral Act 1985); and\n\t(b)\tmust be conducted by the Electoral Commissioner—\n\t(i)\tin accordance with the rules set out in Schedule 1; and\n\t(ii)\tto the extent that the rules set out in Schedule 1 fail to deal with a matter that, in the opinion of the Electoral Commissioner, is necessary for the proper conduct of the election, or if, in the opinion of the Electoral Commissioner, the circumstances of a particular election require modifications to the rules set out in Schedule 1—in accordance with rules determined by the Electoral Commissioner after consultation with the State First Nations Voice and the Minister in relation to that matter.\n\t(3)\tThe validity of any election or return may only be disputed in accordance with Schedule 1.\nDivision 4—Annual meeting of Local First Nations Voices\n22—Annual meeting of Local First Nations Voices\n\t(1)\tThe State First Nations Voice must convene, at least once in each year, a meeting of all Local First Nations Voices.\n\t(2)\tAn annual meeting may be held at the time and place determined by the State First Nations Voice.\n\t(3)\tAn annual meeting is to be conducted in accordance with any procedures determined by the State First Nations Voice.\n\t(4)\tHowever, nothing in this section requires a Local First Nations Voice, or a member of a Local First Nations Voice, to attend an annual meeting.\nPart 3—State First Nations Voice\n23—Establishment of State First Nations Voice\n\t(1)\tThe State First Nations Voice is established.\n\t(2)\tThe State First Nations Voice—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued; and\n\t(c)\tis, for the purpose of carrying out its functions, capable of—\n\t(i)\tholding, acquiring, dealing with and disposing of real and personal property; and\n\t(ii)\tacquiring or incurring any other rights or liabilities.\n\t(3)\tThe State First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(4)\tThe State First Nations Voice is not an agency or instrumentality of the Crown (and is not, to avoid doubt, a public sector agency under the Public Sector Act 2009).\n\t(5)\tIf an apparently genuine document purports to bear the common seal of the State First Nations Voice, it is to be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the State First Nations Voice has been duly affixed to that document.\n24—Composition of State First Nations Voice\nThe State First Nations Voice consists of the joint presiding members of each Local First Nations Voice.\n25—Joint presiding members\nThe State First Nations Voice must elect 2 of its members (being persons of different gender) to be joint presiding members of the State First Nations Voice.\n26—Terms and conditions of office\n\t(1)\tA member of the State First Nations Voice holds office for as long as they are a joint presiding member of the relevant Local First Nations Voice.\n\t(2)\tA member of the State First Nations Voice is entitled to such remuneration, allowances and expenses as may be determined by the Governor.\n27—Vacancies\n\t(1)\tThe office of a member of the State First Nations Voice becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice to the Governor; or\n\t(c)\tis sentenced to serve a period of imprisonment for an offence; or\n\t(d)\tis found guilty of a serious offence; or\n\t(e)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(f)\tis removed from office by the Governor under subsection (2).\n\t(2)\tThe Governor may, at the written request of the State First Nations Voice, remove a member of the State First Nations Voice from office—\n\t(a)\tfor misconduct or conduct that may bring the State First Nations Voice into disrepute; or\n\t(b)\tfor breach of, or non-compliance with, a condition of office; or\n\t(c)\tfor failure to comply with the duty under section 36; or\n\t(d)\tfor breach of, or non-compliance with, the code of conduct under section 37; or\n\t(e)\tif the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(f)\tif the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily.\n\t(3)\tThe State First Nations Voice may only make a written request under subsection (2) in accordance with a resolution passed by a majority of members of the State First Nations Voice.\n\t(4)\tAn act or proceeding of the State First Nations Voice is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n28—Functions of State First Nations Voice\n\t(1)\tThe State First Nations Voice has the following functions:\n\t(a)\tto represent the diversity of First Nations people in South Australia;\n\t(b)\tto liaise with the Local First Nations Voices to ascertain their views in relation to matters of interest and to present those views to the South Australian Parliament and the South Australian Government and other bodies;\n\t(c)\tto engage with and provide advice to the South Australian Parliament and the South Australian Government on matters of interest to First Nations people;\n\t(d)\tat the discretion of the State First Nations Voice, to engage with and provide advice to other levels of government and other organisations (including, to avoid doubt, the Commonwealth and other States and Territories) on policy and procedures that relate to matters of interest to First Nations people;\n\t(e)\tto assign names to regions constituted for the purposes of this Act;\n\t(f)\tsuch other functions as may be assigned to the State First Nations Voice by or under this Act or by the Minister.\n\t(2)\tThe State First Nations Voice must, in carrying out its functions, endeavour to represent the views of First Nations persons in the State.\n\t(3)\tSubject to this Act, the State First Nations Voice has such powers as may be necessary or expedient for the performance of the State First Nations Voice's functions.\n\t(4)\tThe State First Nations Voice cannot delegate a function under this Act.\n29—Procedures of State First Nations Voice\n\t(1)\tSubject to this Act, a quorum of the State First Nations Voice consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tSubject to this section, the State First Nations Voice must meet not less than 4, and not more than 6, times in each year.\n\t(3)\tThe State First Nations Voice may, with the approval of the Minister, meet more than 6 times in a year.\n\t(4)\tThe joint presiding members will preside at a meeting of the State First Nations Voice and, in the absence of 1 of the joint presiding members, the remaining joint presiding member will preside and, in the absence of both joint presiding members, a member chosen by the members present at the meeting will preside.\n\t(5)\tA question arising for decision at a meeting of the State First Nations Voice will be decided by a majority of the votes cast by the members present at the meeting.\n\t(6)\tEach member present at a meeting of the State First Nations Voice will be entitled to 1 vote on any question arising for decision at the meeting and, if the votes are equal, the question will be decided in accordance with procedures determined by the State First Nations Voice.\n\t(7)\tA meeting of the State First Nations Voice may be conducted remotely using 1 or both of the following means of communication:\n\t(a)\taudio visual;\n\t(b)\taudio,\nand a member who participates in a meeting in accordance with this subsection is taken to be present at the meeting, and to form part of any quorum for the meeting, even if the member is not physically present at the same place as another member participating in the meeting.\n\t(8)\tTo avoid doubt, a meeting of the State First Nations Voice may be conducted by members attending in person, attending by audio visual or audio means, or by a combination of both.\n\t(9)\tA member of the State First Nations Voice may, by written instrument, appoint 1 member of the Local First Nations Voice to which the office of the member relates (whether or not they are a member of the State First Nations Voice) to act as the member's proxy at a meeting specified in the instrument of appointment (however a proxy so appointed must be of a gender that ensures that the representatives of the Local First Nations Voice present at the meeting are of different genders).\n\t(10)\tA First Nations person appointed to act as a proxy for a member at a specified meeting may only so act if the First Nations person—\n\t(a)\tis present at the specified meeting; and\n\t(b)\texercises the proxy vote at the meeting in accordance with any instructions of the appointing member in the instrument of appointment.\n\t(11)\tA member of the State First Nations Voice is not entitled to additional remuneration for acting as a proxy (however a proxy who is not a member of the State First Nations Voice is entitled to receive such remuneration, allowances and expenses as the appointing member would have received had they attended the meeting).\n\t(12)\tTo avoid doubt, a proxy vote that is exercised other than in accordance with this section is void and of no effect.\n\t(13)\tThe State First Nations Voice must have accurate minutes kept of its meetings.\n\t(14)\tSubject to this Act, the State First Nations Voice may determine its own procedures.\n30—First Nations Elders Advisory Committee\n\t(1)\tThe State First Nations Voice must establish a committee (the First Nations Elders Advisory Committee) to advise the State First Nations Voice in relation to matters affecting First Nations elders.\n\t(2)\tThe First Nations Elders Advisory Committee consists of 2 persons of different gender nominated by each Local First Nations Voice.\n\t(3)\tA member of the State First Nations Voice or a Local First Nations Voice is not eligible to be a member of the First Nations Elders Advisory Committee.\n\t(4)\tEach member of the First Nations Elders Advisory Committee must be a First Nations person.\n\t(5)\tThe procedures of the First Nations Elders Advisory Committee will be—\n\t(a)\tas determined by the State First Nations Voice; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n\t(6)\tA member of the First Nations Elders Advisory Committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice.\n31—First Nations Youth Advisory Committee\n\t(1)\tThe State First Nations Voice must establish a committee (the First Nations Youth Advisory Committee) to advise the State First Nations Voice in relation to matters affecting First Nations youth.\n\t(2)\tThe First Nations Youth Advisory Committee consists of 2 persons of different gender nominated by each Local First Nations Voice.\n\t(3)\tA member of the State First Nations Voice or a Local First Nations Voice is not eligible to be a member of the First Nations Youth Advisory Committee.\n\t(4)\tEach member of the First Nations Youth Advisory Committee must be a First Nations person.\n\t(5)\tThe procedures of the First Nations Youth Advisory Committee will be—\n\t(a)\tas determined by the State First Nations Voice; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n\t(6)\tA member of the First Nations Youth Advisory Committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice.\n32—Stolen Generations Advisory Committee\n\t(1)\tThe State First Nations Voice must establish a committee (the Stolen Generations Advisory Committee) to advise the State First Nations Voice in relation to matters affecting members of the stolen generations.\n\t(2)\tThe Stolen Generations Advisory Committee consists of 6 members appointed by the State First Nations Voice.\n\t(3)\tA member of the State First Nations Voice or a Local First Nations Voice is not eligible to be a member of the Stolen Generations Advisory Committee.\n\t(4)\tEach member of the Stolen Generations Advisory Committee must be a First Nations person.\n\t(5)\tThe procedures of the Stolen Generations Advisory Committee will be—\n\t(a)\tas determined by the State First Nations Voice; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n\t(6)\tA member of the Stolen Generations Advisory Committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice.\n33—Native Title Bodies Advisory Committee\n\t(1)\tThe State First Nations Voice must establish a committee (the Native Title Bodies Advisory Committee) to advise the State First Nations Voice in relation to matters of interest to native title bodies.\n\t(2)\tThe Native Title Bodies Advisory Committee consists of the persons appointed by the State First Nations Voice (being 1 person nominated by each native title body prescribed by the regulations for the purposes of this section).\n\t(3)\tA member of the State First Nations Voice or a Local First Nations Voice is not eligible to be a member of the Native Title Bodies Advisory Committee.\n\t(4)\tEach member of the Native Title Bodies Advisory Committee must be a First Nations person.\n\t(5)\tThe procedures of the Native Title Bodies Advisory Committee will be—\n\t(a)\tas determined by the State First Nations Voice; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n\t(6)\tA member of the Native Title Bodies Advisory Committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice.\n34—Other advisory committees\n\t(1)\tThe State First Nations Voice may establish such other committees to advise the State First Nations Voice as the State First Nations Voice considers appropriate.\n\t(2)\tThe membership of a committee established under subsection (1) will be determined by the State First Nations Voice and may, but need not, consist of, or include, members of the State First Nations Voice or a Local First Nations Voice.\n\t(3)\tEach member of a committee must (unless the State First Nations Voice determines otherwise in relation to a particular committee) be a First Nations person.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the State First Nations Voice; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n\t(5)\tA member of a committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister after consultation with the State First Nations Voice.\n35—Accounts and audit\n\t(1)\tThe State First Nations Voice must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor‑General may at any time, and must at least once in each year, audit the accounts of the State First Nations Voice.\n36—Duty to act honestly\nA member of the State First Nations Voice must at all times act honestly in the performance of the functions of their office, whether within or outside the State.\n37—Code of conduct\n\t(1)\tThe Minister may, by notice in the Gazette, after consultation with the State First Nations Voice, publish a code of conduct for members of the State First Nations Voice.\n\t(2)\tMembers of the State First Nations Voice must comply with the code of conduct.\nPart 4—Addresses to Parliament\n38—State First Nations Voice to deliver annual report and address to Parliament\n\t(1)\tThe State First Nations Voice must, on the day or days in each year determined by the presiding officers of each House of Parliament after consultation with the State First Nations Voice—\n\t(a)\tpresent to a joint sitting of Parliament a written report setting out a summary of its operations during the preceding year, as well as any other matters of interest to First Nations people; and\n\t(b)\tpresent to a joint sitting of Parliament a written report (which may be combined with the report under paragraph (a)) setting out a summary of the operations of each Local First Nations Voice during the preceding year; and\n\t(c)\taddress, through 1 of the joint presiding members of the State First Nations Voice, a joint sitting of Parliament in relation to the reports.\n\t(2)\tTo avoid doubt, only 1 address may be made under this section in each year.\n39—State First Nations Voice to be notified of introduction of Bills\n\t(1)\tThe clerk of the Legislative Council or House of Assembly (as the case requires) must cause the State First Nations Voice to be given notice of the introduction of each Bill in the Council or Assembly.\n\t(2)\tHowever, a failure to comply with this section does not affect the validity of the Bill or any proceedings of the Parliament.\n40—State First Nations Voice entitled to address Parliament in relation to Bills\n\t(1)\tThe State First Nations Voice is, by force of this section, entitled to address, through 1 of the joint presiding members of the State First Nations Voice, either House of Parliament (but not both) in relation to any Bill that has been introduced into the relevant House.\n\t(2)\tThe State First Nations Voice must give to the presiding officer of the relevant House at least 7 days' written notice of the intention of the State First Nations Voice to address the House.\n\t(3)\tHowever, the State First Nations Voice need not give notice in accordance with subsection (2) if, in the case where a Bill is to be debated or otherwise progressed urgently through the relevant House, it is not reasonably practicable to do so.\n\t(4)\tFor the purposes of this section, 1 of the joint presiding members of the State First Nations Voice may—\n\t(a)\tbe admitted to the floor of the relevant House; and\n\t(b)\taddress the relevant House on behalf of the State First Nations Voice in relation to the relevant Bill.\n\t(5)\tTo avoid doubt, only 1 address may be made, and only 1 House addressed, under subsection (4) in relation to each Bill.\n\t(6)\tNothing in this section prevents the State First Nations Voice or the joint presiding members of the State First Nations Voice from doing any other thing with the permission of the relevant House.\n\t(7)\tNothing in this section prevents the relevant House from conducting its business (including, to avoid doubt, the consideration or passing of Bills about which the State First Nations Voice wishes to address the House) prior to being addressed by the State First Nations Voice under this section.\n41—State First Nations Voice may present report to Parliament\n\t(1)\tWithout limiting any other provision of this Act, the State First Nations Voice may provide to the Parliament a report on any matter that is, in the opinion of the State First Nations Voice, a matter of interest to First Nations people.\n\t(2)\tA copy of the report must be delivered to the President of the Legislative Council, the Speaker of the House of Assembly and the Minister.\n\t(3)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n\t(4)\tThe Minister must, as soon as is reasonably practicable after receiving the report (but in any event not later than 6 months after receiving the report)—\n\t(a)\tprovide a copy of the report to each Minister responsible for an area identified in the report as requiring action; and\n\t(b)\tprepare a report setting out—\n\t(i)\teach Minister's response to any part of the report that falls within that Minister's responsibility; and\n\t(ii)\tif any action has been taken, or is proposed to be taken, (whether by a Minister, a public sector agency or any other person or body) in response to the report or a part of the report—details of that action or proposed action; and\n\t(iii)\tif no action is to be taken (whether by a Minister, a public sector agency or any other person or body) in response to the report or a part of the report—the reasons for not taking action; and\n\t(iv)\tany other information required by the regulations.\n\t(5)\tThe Minister must, within 6 sitting days after preparing a report under subsection (4), cause a copy of the report to be laid before both Houses of Parliament.\n42—State First Nations Voice may be requested to provide report to Parliament etc\n\t(1)\tThe President of the Legislative Council or the Speaker of the House of Assembly may, by written notice, request the State First Nations Voice to provide to the Council or Assembly (as the case requires) a report in relation to a specified Bill addressing the matters specified in the notice.\n\t(2)\tThe President of the Legislative Council or the Speaker of the House of Assembly may, by written notice and with the agreement of the State First Nations Voice, request a specified member of the State First Nations Voice to attend and address the Council or Assembly (as the case requires) in relation to a specified Bill.\n\t(3)\tHowever, the State First Nations Voice or a member of the State First Nations Voice cannot be compelled to provide a report or attend Parliament under this section.\n\t(4)\tTo avoid doubt, nothing in this section limits the general privilege of Parliament to send for persons, papers or records.\nPart 5—Interaction with South Australian Government\nDivision 1—Meeting with Cabinet\n43—State First Nations Voice to meet with Cabinet\n\t(1)\tThe State First Nations Voice and the Cabinet must, in accordance with any procedures determined by the State First Nations Voice and the Premier, meet at least twice in each year.\n\t(2)\tDespite subsection (1), the State First Nations Voice and the Cabinet may meet less than twice in a year if—\n\t(a)\tthe joint presiding members of the State First Nations Voice are of the opinion that it is not reasonably practicable for a particular meeting to take place; and\n\t(b)\tit is not reasonably practicable to reschedule the meeting to take place in the relevant year.\n\t(3)\tThe procedures for meetings between the State First Nations Voice and the Cabinet will be as determined by agreement between the State First Nations Voice and the Premier.\n44—Protection of communications etc with Cabinet\nFor the purposes of the Freedom of Information Act 1991 and any other Act or law, information and documents prepared for, or provided to, the Cabinet by the State First Nations Voice will be taken to have been specifically prepared for submission to Cabinet.\nDivision 2—Briefings with Chief Executives of administrative units\n45—Briefings with Chief Executives of administrative units\n\t(1)\tThe Premier must, in accordance with any requirements set out in the regulations, cause a meeting (a Chief Executive's briefing) to be held at least twice in each year between the State First Nations Voice and the Chief Executives of each administrative unit of the Public Service specified by the State First Nations Voice for the purposes of the Chief Executive's briefing.\n\t(2)\tThe purpose of a Chief Executive's briefing is to allow the State First Nations Voice to be briefed by, and ask questions of, the Chief Executives present at the Chief Executive's briefing in relation to matters of interest identified by the State First Nations Voice.\n\t(3)\tThe procedures for a Chief Executive's briefing under this section will be as determined by agreement between the State First Nations Voice and the Premier.\nDivision 3—Annual engagement hearing with administrative units etc\n46—Annual engagement hearing with administrative units etc\n\t(1)\tThe Premier must, in accordance with any requirements set out in the regulations, cause a meeting (an engagement hearing) to be held in each year between the joint presiding members of the State First Nations Voice and—\n\t(a)\teach Minister specified by the State First Nations Voice for the purposes of the engagement hearing; and\n\t(b)\tthe Chief Executive of each administrative unit of the Public Service specified by the State First Nations Voice for the purposes of the engagement hearing.\n\t(2)\tThe purpose of an engagement hearing is to allow the State First Nations Voice to ask questions of the Ministers and Chief Executives relating to the operations, expenditure, budget and priorities of administrative units as they affect—\n\t(a)\tthe health, welfare or education of First Nations people; or\n\t(b)\tthe structure, organisation and efficiency of the administrative unit as they relate to matters affecting First Nations people, and the ways in which those areas might be enhanced; or\n\t(c)\tany other matter determined by agreement between the joint presiding members of the State First Nations Voice and the Premier.\n\t(3)\tThe procedures for an engagement hearing under this section will be as determined by agreement between the joint presiding members of the State First Nations Voice and the Premier.\n\t(4)\tThe Premier must cause a transcript of each engagement hearing to be prepared and published.\nPart 6—Administration and resourcing\n47—Secretariat\nThere will be a secretariat for the Local First Nations Voices and the State First Nations Voice, consisting of such Public Service employees as may be assigned to the secretariat.\n48—Resources\nBefore determining the resources to be provided to Local First Nations Voices and the State First Nations Voice for the purposes of this Act, the Minister must consult with each such body and then, having regard to any submissions made during that consultation, determine the resourcing that, in the Minister's opinion, each body reasonably needs to carry out its functions under this Act.\n49—Use of staff etc of Public Service\nA Local First Nations Voice and the State First Nations Voice 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.\nPart 7—Review of Act\n50—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be undertaken, and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review must be conducted by a First Nations person or body appointed by the Minister on the recommendation of the State First Nations Voice.\n\t(3)\tThe review must be completed after the third, but before the fourth, anniversary of the commencement of this section.\n\t(4)\tWithout limiting the matters that may be the subject of the review, the review must consider and report on such matters as may be specified by the Minister or the State First Nations Voice.\n\t(5)\tA report may contain such recommendations as the reviewer considers appropriate.\n\t(6)\tThe Minister must cause a copy of the report provided under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\nPart 8—Miscellaneous\n51—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tfor the purposes of referring the matter to a law enforcement agency; or\n\t(e)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(f)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) 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: $10 000.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n52—Obstruction etc\nA person must not, without reasonable excuse, obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, a Local First Nations Voice or the State First Nations Voice, or a member of those bodies, in the performance or exercise of a function under this Act.\nMaximum penalty: $10 000.\n53—Protections, privileges and immunities\n\t(1)\tNo liability attaches to a Local First Nations Voice, the State First Nations Voice, a member of those bodies or any other person or body for any act or omission in good faith in the exercise or purported exercise of functions or powers under this or any other Act.\n\t(2)\tNothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members.\n\t(3)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity; or\n\t(d)\tcabinet in confidence or commercial in confidence information; or \n\t(e)\tany other requirement under a law that information be kept confidential.\n54—Regulations and fee notices\n\t(1)\tThe Governor may, on the recommendation of the Minister made after consultation with the State First Nations Voice, make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(c)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(d)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment or amendment of this Act or the regulations; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(5)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\nSchedule 1—Rules of election for Local First Nations Voices\nPart 1—Preliminary\n1—Interpretation\nIn this Schedule—\nCourt means the Court of Disputed Returns under Part 8 of this Schedule;\ndeclaration of eligibility—see clause 3;\nelection means an election of members of Local First Nations Voices;\nreturning officer—see clause 5;\nState election means a general election of members of the House of Assembly under the Electoral Act 1985;\nState electoral roll means the electoral roll (within the meaning of the Electoral Act 1985) kept under that Act for the purposes of a State election, as in force from time to time.\n2—Voters roll\nThe State electoral roll will be taken to be the electoral roll for the purposes of an election under this Act.\n3—Declaration of eligibility\nFor the purposes of this Schedule, a declaration of eligibility in relation to an election means—\n\t(a)\tin the case of a declaration of eligibility to vote in an election—a declaration made in a manner and form determined by the returning officer declaring that a specified person—\n\t(i)\tis a First Nations person; and\n\t(ii)\tis, to the best of the person's knowledge, eligible to vote in the election; or\n\t(b)\tin the case of a declaration of eligibility to nominate for an office of member of a Local First Nations Voice—a declaration made in a manner and form determined by the returning officer declaring that a specified person—\n\t(i)\tis a First Nations person; and\n\t(ii)\tin the case where the person's nomination relates to an area in relation to which the person is a traditional owner—is a traditional owner of the relevant area; and\n\t(iii)\tis not ineligible to nominate for an office of member of a Local First Nations Voice in the election.\n4—Gender representation\nThe gender representation of members of a Local First Nations Voice should reflect the following:\n\t(a)\tone half of the membership (rounded down to the nearest whole number) are to be female persons;\n\t(b)\tone half of the membership (rounded down to the nearest whole number) are to be male persons;\n\t(c)\tin the case where there is an additional office arising out of the rounding down—that member may be of any gender.\nPart 2—Returning officer\n5—Returning officer\n\t(1)\tThe Electoral Commissioner will be the returning officer for the purposes of an election under this Act.\n\t(2)\tThe returning officer may appoint 1 or more electoral officials to assist in the conduct of an election.\n\t(3)\tWithout limiting the generality of subclause (2), an electoral official—\n\t(a)\tmay hand out nomination forms; and\n\t(b)\tmay receive nomination forms up to the close of nominations; and\n\t(c)\tmay take a photograph of each candidate and write the name of the candidate on the back.\n6—Distribution of information and election publicity\n\t(1)\tThe returning officer will be responsible for publicity of an election in each region.\n\t(2)\tWithout limiting subclause (1), the returning officer may authorise a specified person or body to assist in the publicity of an election (whether in a particular region or generally).\n\t(3)\tPublicity of an election under these rules must include—\n\t(a)\tthe description of the election process; and\n\t(b)\tthe period during which voting may take place; and\n\t(c)\tthe location or locations where—\n\t(i)\tnominations will be called; and\n\t(ii)\tvoting will take place,\nin each region; and\n\t(d)\tthe eligibility of voters to vote in the election during the period in which voting may take place; and\n\t(e)\tan explanation that each eligible voter can only vote once at an election in their region,\nand may include any other information the returning officer thinks fit in relation to the election.\n\t(4)\tTo avoid doubt, nothing in this clause prevents any other person or body from distributing information relating to an election or otherwise engaging in publicising an election.\nPart 3—Eligibility to vote\n7—Eligibility to vote in elections\n\t(1)\tA First Nations person who—\n\t(a)\tis enrolled on the State electoral roll; and\n\t(b)\thas completed a declaration of eligibility in relation to voting in the election,\nis eligible to vote in an election of members of the Local First Nations Voice for the region in which the person's principal place of residence (as recorded on the State electoral roll) is located.\n\t(2)\tTo avoid doubt, a First Nations person is only eligible to vote in relation to the Local First Nations Voice for 1 region.\nPart 4—Eligibility and nomination for election to Local First Nations Voice\n8—Nominations for office of member of Local First Nations Voice\n\t(1)\tA First Nations person—\n\t(a)\twho is enrolled on the State electoral roll; and\n\t(b)\teither—\n\t(i)\twhose principal place of residence (as recorded on the State electoral roll) is located within a particular region; or\n\t(ii)\twho is a traditional owner in relation to an area located wholly or partly within a particular region; and\n\t(c)\twho has completed a declaration of eligibility in relation to nominating for an office of member of the Local First Nations Voice in the election,\nis eligible to nominate for an office of member of the Local First Nations Voice for that region.\n\t(2)\tHowever, a person is ineligible to nominate for an office of member of a Local First Nations Voice in an election, or to hold office as a member of a Local First Nations Voice, if the person—\n\t(a)\tis serving a sentence of imprisonment for an offence, or is remanded in custody in relation to a charge of an offence; or\n\t(b)\thas been found guilty of a serious offence within the preceding 2 years; or\n\t(c)\tis, pursuant to a bail agreement, parole or other agreement, restricted from travelling within the State; or\n\t(d)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth.\n\t(3)\tNominations will be called in relation to each region at a time and location or locations determined by the returning officer, and will close 14 days after the nominations are called.\n\t(4)\tA person nominates for an office of member of a Local First Nations Voice by lodging with the returning officer—\n\t(a)\ta written nomination in a form determined by the returning officer; and\n\t(b)\tthe person's declaration of eligibility in relation to nominating for an office of member of the Local First Nations Voice; and\n\t(c)\tan indication of the person's gender; and\n\t(d)\ta photograph of the person of a kind determined by the returning officer; and\n\t(e)\teither—\n\t(i)\ta criminal history report (such as a National Police Certificate) relating to the person and provided by South Australia Police or a CrimTrac accredited agency or broker within the 6 months immediately preceding the nomination; or\n\t(ii)\tan application for, and written consent to the returning officer obtaining, a criminal history report of a kind referred to in subparagraph (i).\n\t(5)\tAt the close of nominations, the returning officer must forward any applications and consents received under subclause (4)(e)(ii) to South Australia Police.\n\t(6)\tThe returning officer must bear the cost of obtaining a criminal history report referred to in subclause (4)(e)(ii) (whether or not the person to whom the criminal history report relates is, in fact, elected to an office of member of a Local First Nations Voice).\n\t(7)\tThe returning officer must, within 8 weeks after the close of nominations, make a declaration in respect of each person who is eligible to stand for election to an office of member of a Local First Nations Voice.\n\t(8)\tIf more than 1 person nominates in an election for a particular region, a photograph of each candidate may be taken and used to assist voters.\nPart 5—General rules relating to election\n9—Election timetable\n\t(1)\tSubject to this Act, polling for an election under this Act will occur in the course of each State election.\n\t(2)\tPolling is to be conducted at the polling places established or determined for the State election under section 77 of the Electoral Act 1985 (and may be conducted at such other polling places as may be determined by the returning officer).\n\t(3)\tWithout limiting section 77(3) of the Electoral Act 1985, the returning officer must, in a manner likely to be seen by First Nations people, advise the times and places for polling at a mobile polling booth or other polling place determined by the returning officer.\n\t(4)\tPolling at a polling booth must be conducted at the same times as polling for the State election.\n10—Uncontested elections\nIf, after nominations have closed, it appears that the number of candidates of the relevant gender nominated to contest the election does not exceed the number of such persons to be elected, the returning officer must declare the nominated candidates elected.\n11—Voting\n\t(1)\tIf more than 1 nomination is received in relation to an office to be filled at an election under this Act, an election by secret ballot in relation to the office will be held—\n\t(a)\tat each place that the State election is held; and\n\t(b)\tat any other location or locations determined by the returning officer.\n\t(2)\tThe returning officer must determine such rules as the returning officer considers necessary as to enable the casting of absentee votes in an election.\n\t(3)\tWithout limiting any other rules that may be determined by the returning officer, the rules referred to in subclause (2) must provide for—\n\t(a)\tvoting at polling places at the locations determined by the returning officer; and\n\t(b)\tverification of the identity of persons casting absentee votes in an election; and\n\t(c)\tverification of the eligibility of persons casting absentee votes in an election.\n\t(4)\tA person may only cast 1 vote in an election of members of a Local First Nations Voice.\n\t(5)\tTo avoid doubt, voting is not compulsory.\n12—Postal voting may be used\n\t(1)\tWithout limiting any other clause in this Schedule, voting at an election under this Act may be conducted partly on the basis of postal voting conducted in accordance with the rules and procedures determined by the returning officer.\n\t(2)\tWithout limiting any other rules or procedures that may be determined by the returning officer, the rules referred to in subclause (1) must provide for—\n\t(a)\tverification of the identity of persons casting postal votes in an election; and\n\t(b)\tverification of the eligibility of persons casting postal votes in an election.\n13—System of voting and determination of certain rules etc\n\t(1)\tVoting in an election is to be conducted using a single transferable vote system in accordance with rules determined by the Electoral Commissioner after consultation with the State First Nations Voice and the Minister.\n\t(2)\tWithout limiting the rules that may be determined under this clause, the Electoral Commissioner must make rules relating to—\n\t(a)\tthe method of voting in an election; and\n\t(b)\tthe counting of votes in an election; and\n\t(c)\tscrutiny of the counting of votes in an election; and\n\t(d)\tthe gender representation requirements set out in clause 4 of this Schedule.\n\t(3)\tWithout limiting clause 4 of this Schedule, the Electoral Commissioner must, in determining rules under this clause, as far as is reasonably practicable, ensure that the rules are consistent with the provisions of the Electoral Act 1985 relating to the election of members of the Legislative Council.\n\t(4)\tDespite subclause (3) and any provisions of the Electoral Act 1985 to the contrary, a ballot paper is not informal only by reason of the failure of the voter to mark a particular number of preferences on the ballot paper.\nPart 6—Declaration of results\n14—Provisional declarations\nWhen the result of the election becomes apparent, the returning officer must make a provisional declaration of the result.\n15—Recounts\n\t(1)\tAt any time within 48 hours after the returning officer has made a provisional declaration, a candidate (not being a candidate in whose favour the provisional declaration was made) may, in a manner determined by the returning officer, request a recount of the votes cast in relation to the relevant vacancy and, in the event of a request being made, the returning officer must cause a recount of votes to be made unless the returning officer considers that there is no prospect that a recount would alter the result of the election.\n\t(2)\tThe returning officer may, on the returning officer's own initiative, during the period of 48 hours referred to in subclause (1), decide to conduct a recount of any votes cast in the election.\n\t(3)\tThe following provisions apply to a recount:\n\t(a)\tthe returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted;\n\t(b)\tthe returning officer may reverse a decision taken at the count;\n\t(c)\tif the votes of 2 or more candidates are equal and 1 of them was excluded by lot at the count, the same candidate must be excluded at the recount.\n16—Declaration of results and certificate\n\t(1)\tIf the period for requesting a recount for an election expires without such a request having been made and the returning officer has not decided to initiate a recount, the returning officer must confirm the relevant provisional declarations, and immediately make out a return to the Minister certifying the election of specified candidates to specified offices.\n\t(2)\tIf a recount is made, the returning officer must, according to the result of the recount—\n\t(a)\tconfirm the relevant provisional declaration; or\n\t(b)\trevoke the provisional declaration and make a final declaration in accordance with the result of the recount,\nand then immediately make out a return to the Minister certifying the result of the election accordingly.\n\t(3)\tThe returning officer—\n\t(a)\tmust notify all candidates, in writing, of the result of the election; and\n\t(b)\tmust within 1 month after the conclusion of the election cause the result of the election to be published—\n\t(i)\tin the Gazette; and\n\t(ii)\tin a newspaper circulating throughout the State; and\n\t(iii)\ton a website determined by the returning officer; and\n\t(iv)\tin any other manner determined by the returning officer.\n\t(4)\tWhen the returning officer certifies the result of an election under subclause (1) or (2), the election of the candidate or candidates takes effect immediately.\nPart 7—Supplementary elections\n17—Supplementary elections\n\t(1)\tSubject to this clause, if the election of members of a Local First Nations Voice fails because—\n\t(a)\tno person nominates for the office to which the election relates; or\n\t(b)\tno votes are cast in the election,\nthen the Minister may (but need not) require a supplementary election to be held in relation to the office.\n\t(2)\tBefore making a determination to require, or not require, a supplementary election, the Minister must consult with—\n\t(a)\tthe State First Nations Voice; and\n\t(b)\tthe returning officer,\nand may consult with any other person or body the Minister thinks fit.\n\t(3)\tA supplementary election under this Part must be conducted in accordance with this Schedule (with such modifications as the returning officer thinks fit).\nPart 8—Disputed Returns\n18—Constitution of Court\n\t(1)\tThere will be a Court of Disputed Returns for the purposes of this Act.\n\t(2)\tThe Court is constituted of a District Court Judge.\n\t(3)\tThe Court, separately constituted under this clause, may sit contemporaneously to hear separate proceedings.\n\t(4)\tThe Court is a court of record.\n\t(5)\tSubject to this Part, the procedure and powers of the Court are the same as those of the District Court when exercising its civil jurisdiction.\n19—Clerk of Court\n\t(1)\tThere will be a clerk of the Court appointed by the Chief Judge of the District Court.\n\t(2)\tThe office of clerk of the Court may be held in conjunction with any other office.\n20—Jurisdiction of Court\nThe Court has jurisdiction to hear and determine any petition addressed to it disputing the validity of an election under this Act.\n21—Procedure upon petition\n\t(1)\tA petition to the Court must—\n\t(a)\tset out the facts relied on to invalidate the election; and\n\t(b)\tset out the relief to which the petitioner claims to be entitled; and\n\t(c)\tbe signed by a candidate at the election in dispute or by an elector for that election; and\n\t(d)\tbe lodged with the clerk of the Court within 28 days after the conclusion of the election; and\n\t(e)\tset out the respondents in relation to the petition (including, if appropriate, each candidate for election from the relevant region in the disputed election, the Electoral Commission and the relevant Local First Nations Voice); and\n\t(f)\tbe accompanied by the prescribed amount as security for costs.\n\t(2)\tA copy of the petition must be served on—\n\t(a)\tany person declared elected in the disputed election; and\n\t(b)\tthe relevant Local First Nations Voice; and\n\t(c)\tif it is alleged that the election is invalid on account of an act or omission of an electoral official—the returning officer.\n\t(3)\tIf, having been served under subclause (2), a person proposes to contest the petition, the person must, within 14 days after service, or such further time as may be allowed by the Court (on application made either before or after the expiration of the period of 14 days), lodge with the clerk of the Court, and serve on the petitioner, a reply.\n\t(4)\tA reply must—\n\t(a)\tset out the facts on which the applicant proposes to rely; and\n\t(b)\task for any relief to which the applicant claims to be entitled; and\n\t(c)\tbe executed by the applicant.\n22—Powers of Court\n\t(1)\tThe Court must sit as an open court, and its powers include the following:\n\t(a)\tto adjourn;\n\t(b)\tto compel the attendance of witnesses and the production of documents;\n\t(c)\tto examine witnesses on oath, affirmation or declaration;\n\t(d)\twith the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration;\n\t(e)\tsubject to this Act and the rules, to determine its procedure in each case;\n\t(f)\tto declare—\n\t(i)\tthat a person who was returned as elected was not duly elected; and\n\t(ii)\tthat a candidate who was not returned as elected was duly elected;\n\t(g)\tto declare an election void;\n\t(h)\tto dismiss or uphold a petition, in whole or in part;\n\t(i)\tto amend or allow the amendment of a petition or reply;\n\t(j)\tto punish contempt of its authority by fine or imprisonment.\n\t(2)\tThe Court may exercise all or any of its powers under this clause on such grounds as the Court in its discretion thinks just and sufficient.\n\t(3)\tThe Court is not bound by the rules of evidence.\n\t(4)\tThe Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities.\n\t(5)\tA decision of the Court is final and without appeal.\n23—Effect of decision\n\t(1)\tIf pursuant to this Part a person returned as elected is declared not to have been duly elected, that person ceases to be a member of the relevant Local First Nations Voice and the person declared to have been duly elected will take their place accordingly.\n\t(2)\tIf pursuant to this Part an election is declared void, a person returned as elected at the election ceases to be a member of the relevant Local First Nations Voice.\n24—Right of appearance\nA party to proceedings before the Court may appear personally or be represented by counsel.\n25—Case stated\nThe Court may, of its own motion or on the application of a party to proceedings, state a question of law for the opinion of the Court of Appeal.\n26—Costs\n\t(1)\tThe Court may make orders for costs as it thinks just.\n\t(2)\tIf an election is declared void, or a candidate returned as elected is declared not to have been duly elected, on account of an act or omission of an electoral official, any costs in favour of the petitioner must, to the extent to which they are attributable to that act or omission, be awarded against the Crown.\n\t(3)\tAn order under this clause may be enforced as an order of the District Court.\n27—Rules of Court\nThe Chief Judge of the District Court may make rules—\n\t(a)\tregulating the practices and procedures of the Court; and\n\t(b)\tfixing fees to be paid in respect of proceedings before the Court; and\n\t(c)\tmaking any other provision necessary or expedient for the purposes of this Schedule.\nPart 9—Miscellaneous\n28—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided for the purposes of an election under this Act.\nMaximum penalty: Imprisonment for 4 years.\nSchedule 2—Repeals, related amendments and transitional etc provisions\nPart 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003\n1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003\nThe Aboriginal Lands Parliamentary Standing Committee Act 2003 is repealed.\nPart 2—Amendment of Constitution Act 1934\n2—Insertion of section 3\nAfter section 2 insert:\n3—Recognition of importance of First Nations voices\n\t(1)\tThe Parliament of South Australia recognises the importance of listening to the voices of First Nations people if there is to be a fair and truthful relationship between the First Nations and non‑First Nations people of South Australia.\n\t(2)\tThe Parliament acknowledges that the voice of First Nations people has not always been heard in Parliament, and intends that, through the First Nations Voice Act 2023, that voice will be heard, and will make a unique and irreplaceable contribution to South Australia that benefits all South Australians.\nPart 3—Transitional etc provisions\n3—First election of members of Local First Nations Voices\n\t(1)\tDespite section 21 or any other provision of this Act, the following provisions apply to the first election of members of Local First Nations Voices after the commencement of this clause:\n\t(a)\tthe election need not occur in the course of a State election;\n\t(b)\teach region will be known by the name assigned to the region by the regulations for the purposes of this paragraph;\n\t(c)\tpolling for the election will occur during the period, and at a location or locations, determined by the Electoral Commissioner after consultation with the Minister;\n\t(d)\tif the Electoral Commissioner is of the opinion that the circumstances or timing of the first election requires modifications to the rules set out in Schedule 1—the Electoral Commissioner may, after consultation with the Minister, modify those rules, or determine new rules, for the purposes of the first election (and the first election is to be conducted in accordance with those rules).\n\t(2)\tHowever, nothing in subclause (1) authorises the Electoral Commissioner to make or modify rules altering a provision of this Act requiring or relating to gender diversity in membership of Local First Nations Voices.\n\t(3)\tExcept as provided for in subclause (1), the first election of members of Local First Nations Voices after the commencement of this clause is to be conducted in accordance with Schedule 1.\n4—Consultation with State First Nations Voice\nThe Minister, the Electoral Commissioner or any other person or body need not comply with a requirement under the Act requiring consultation with the State First Nations Voice until the State First Nations Voice is, following the first election of joint presiding members of each Local First Nations Voice, capable of performing its functions.\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\n2023\n9\nFirst Nations Voice Act 2023\n26.3.2023\n12.5.2023 except Sch 2 (cl 1)—1.7.2023 and except Pt 4—1.1.2024 (Gazette 11.5.2023 p929)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act goes beyond the simple stated intent of creating a \"platform\" for First Nations people to be heard (Preamble). It establishes a comprehensive statutory architecture: multiple corporate bodies (Local and State Voices) with civil legal personality and powers to hold property (ss 10(2)–(3), 23(2)–(3)); a detailed election system and candidate vetting (Schedule 1 cl 8); formal rights to address Parliament and meet Cabinet and Ministers with specified reporting and response obligations (ss 38–46); creation of multiple advisory committees (ss 30–34); mandatory audits and reporting (ss 18, 35, 38–41); and executive control points over resourcing and regulations (ss 48, 54). It also repeals an existing parliamentary committee and inserts recognition into the Constitution Act (Sch 2). These features materially expand the instrument from a consultative forum to a set of funded statutory institutions with defined procedures, enforcement, and administrative interactions across government."},"complexity_factors":["Length and structure: 8 Parts plus 2 Schedules with detailed election rules and transitional provisions","Multiple defined terms with operational effect (e.g. First Nations person (s 4), traditional owner (s 5), serious offence (s 3))","Extensive cross‑references to other statutes (Electoral Act 1985, Corporations Act 2001, Public Sector Act 2009, Native Title Act 1993 and Commonwealth/state criminal laws)","Detailed election regime in Schedule 1 (eligibility, nominations, criminal history checks, single transferable vote, postal and absentee voting, recount rules, disputed returns and Court procedures)","Gender‑representation arithmetic and rounding rules that affect composition (Sch 1 cl 4; multiple clauses enforce gender diversity)","Conditional vacancy and replacement rules with time windows (e.g. 18‑month/12‑month rules for appointments/supplementary elections — s 14(4)–(6))","Multiple bodies and committees (Local Voices, State Voice, Elders, Youth, Stolen Generations, Native Title Bodies, plus power to create others — ss 23, 30–34, 34)","Regulation‑making power with broad discretions (s 54) including exemptions and fees, and Ministerial determination of resourcing (s 48)","Removal and misconduct procedures involving internal resolutions, Governor action, and overlapping grounds for disqualification (ss 14(2), 27(2))","Accountability and oversight mechanisms layered across Auditor‑General audits, parliamentary reporting and Court of Disputed Returns (ss 18, 35, 38–41; Sch 1 Part 8)"],"plain_english_summary":"**What this Act does (mechanics)\n\n- Establishes Local First Nations Voices for prescribed regions of South Australia and a State First Nations Voice made up of the joint presiding members of those local bodies (ss 9–11, 23–25).\n- Creates each Voice as an independent corporate body (with a common seal, capacity to hold property, and to sue and be sued) that is not an agency or instrumentality of the Crown (ss 10(2)–(4), 23(2)–(4)).\n- Sets out membership, gender‑representation rules, election procedures, nomination and disqualification rules (Schedule 1; ss 11, 12, Sch 1 cl 4, cl 8).\n- Gives Local Voices functions to gather and pass community views to the State Voice, and to engage with public sector agencies, local government and others at the Local Voice’s discretion (s 15).\n- Gives the State Voice functions to represent First Nations diversity across the State, to liaise with Local Voices, to give advice to Parliament and Government and, at its discretion, other bodies (s 28).\n- Provides formal entitlements to address Parliament and to present annual reports; requires Ministers to respond to reports within set timelines and to lay reports before Parliament (ss 38–42).\n- Requires the State Voice to meet Cabinet at least twice a year, and requires ministerial/administrative briefings and annual engagement hearings with Ministers and Chief Executives (ss 43–46). Transcripts of engagement hearings must be published (s 46(4)).\n- Establishes advisory committees (Elders, Youth, Stolen Generations, Native Title bodies and others) and sets rules for their membership and remuneration (ss 30–34).\n- Requires accounting and annual audit by the Auditor‑General, and imposes honesty and conduct obligations on members (ss 18, 35, 19, 36, 20, 37).\n- Provides for a secretariat drawn from Public Service employees, and for the Minister to decide resourcing after consultation (ss 47–49).\n- Repeals the Aboriginal Lands Parliamentary Standing Committee Act 2003 and inserts a new recognition provision in the State Constitution Act (Schedule 2 Parts 1–2).\n- Creates enforcement and protective rules (confidentiality offences, obstruction offences, immunity for good faith acts, and regulation‑making power including exemptions and fees) (ss 51–54).\n\n\nWho this affects\n\n- First Nations people in South Australia: eligible voters and candidates for Local Voices are First Nations persons (defined at s 4) enrolled on the State electoral roll and who complete a declaration of eligibility (Sch 1 cl 3, cl 7, cl 8).\n- Members of Local and State First Nations Voices, and members appointed to advisory committees (membership, duties, disqualification rules and removal procedures apply — ss 11–14, 24–27, 30–34).\n- The Electoral Commissioner and Electoral Commission (conduct and run elections under Schedule 1 cl 5 and sch rules).\n- The Premier, Cabinet, Ministers and Public Service agencies (obliged to meet, be briefed, respond to reports and provide staff/resources where agreed — ss 43–49, 41(4)).\n- The Auditor‑General, courts (Court of Disputed Returns for election disputes), and law enforcement where offences occur (Sch 1 Part 8; ss 51–54).\n\n\nWhy it matters (stated purpose and operational effects)\n\n- Stated purpose: to provide a statutory platform through which First Nations people can be heard by Parliament and Government (Preamble; s 3(8); Sch 2 Pt 2). The Act implements that by creating statutory bodies, formal consultation and reporting channels, and rights to address Parliament and meet Cabinet (ss 23–46).\n\nPurpose‑claim testing against trade‑offs, incentives and implementation features\n\n- Costs and budgeting risk: the Minister determines resourcing after consultation (s 48) and a secretariat is provided from Public Service employees (s 47). This creates a recurring budget line and operational demand on the Public Service; the Act leaves funding quantum and timing to executive discretion (s 48).\n- Administrative burden and opportunity costs: running elections integrated with State elections or separately (Schedule 1, cl 9; Sch 2 Pt 3) and holding regular meetings with Cabinet and ministers (ss 43–46) will require staff time across agencies and the Electoral Commission (Sch 1 cl 5). The Act places procedural and reporting obligations on multiple agencies (ss 41–46), which competes with other administrative priorities.\n- Discretion and rule‑making: the Minister and Governor retain several discretions — e.g. regulations may exempt classes or set fees (s 54); the Minister determines a code of conduct after consultation (ss 20, 37); the Governor appoints remuneration (ss 13(2), 26(2)). Broad regulation‑making and ministerial discretion introduce implementation risk and scope for differing practice over time.\n- Compliance and entry costs for candidates: nomination requires declarations, gender indication, photograph and criminal history checks (Sch 1 cl 8(4)–(6)); candidates that lack recent certificates must consent to police checks that the returning officer will obtain (Sch 1 cl 8(4)(e)–(6)). Those requirements raise administrative and privacy burdens on prospective candidates.\n- Legal and procedural complexity: disputes about elections are heard by a Court of Disputed Returns constituted by a District Court judge with final decisions and limited appeal (Sch 1 Part 8). That centralises legal resolution but requires parties to follow defined time limits and security for costs (Sch 1 cl 21).\n- Accountability mechanisms: there are annual audits by the Auditor‑General (ss 18(2), 35(2)), public reporting to Parliament (ss 38–41), and Ministerial reporting obligations to indicate actions or reasons for no action in response to reports (s 41(4)). These provide oversight but depend on timely executive cooperation.\n- Protections and immunities: good‑faith immunity limits legal exposure for members (s 53(1)); confidentiality protections are strict with monetary penalties (s 51). These features lower legal risk for participants but restrict public disclosure of sensitive material.\n- Concentrated benefits vs diffuse costs: membership and presiding roles are relatively small, concentrated benefits (remuneration, formal access to Parliament and Cabinet — ss 12, 25, 13(2), 26(2), 38, 43), while the costs (resourcing, administrative time) are borne by the State and diffused across public budgets (ss 47–49).\n\n\nKey compliance and enforcement points (practical effects)\n\n- Members must act honestly and follow codes of conduct; breaches can lead to removal via internal resolutions and Governor action on the State Voice’s recommendation (ss 19–20, 14(2), 27(2)).\n- False or misleading statements in election material carry a serious criminal penalty (Sch 1 cl 28 — up to 4 years' imprisonment).\n- Obstructing a Voice in the exercise of functions is an offence with a monetary penalty (s 52).\n- The Auditor‑General may audit accounts at any time and must do so annually (ss 18(2), 35(2)).\n\n\nPractical implementation risks and trade‑offs to watch\n\n- Funding discretion (s 48) means the effectiveness of the Voices will depend on executive budget choices; inadequate resourcing could limit meetings, secretariat support, outreach and the ability to form advisory committees.\n- Broad regulatory powers (s 54) allow tailoring but also risk uneven application across regions if not tightly constrained.\n- Election logistics (Sch 1) and criminal‑history requirements create barriers to candidature that may shape who stands for office and who can represent communities.\n- The Act grants formal access and consultative rights (Parliamentary addresses, Cabinet meetings, engagement hearings) but does not create a legal veto; the value of the Voice therefore depends partly on political and bureaucratic willingness to act on advice (ss 38–46).\n\n\nPrimary citations: relevant provisions throughout — regions and Local Voices (ss 9–16), elections (s 21 and Schedule 1), State Voice and functions (ss 23–29), Parliament and Cabinet interactions (ss 38–46), administration and resourcing (ss 47–49), confidentiality and offences (ss 51–54), audit and oversight (ss 18, 35)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information — the legislative text was not retrievable. Based on publicly available information, the Act broadly delivered on its stated purpose of establishing a First Nations advisory Voice for South Australia, consistent with the government's original intent. No significant scope changes are publicly known, but this cannot be confirmed without reviewing the actual text."},"complexity_factors":["Actual legislative text was unavailable due to a broken URL — full complexity cannot be properly assessed","Institutional design legislation (establishing advisory bodies) typically involves moderate structural complexity around membership rules, functions, and governance","Intersection with existing SA government decision-making processes adds some complexity","Political and constitutional context (relationship to national Voice debate) adds interpretive complexity for readers","Score is conservative given inability to review the actual text"],"plain_english_summary":"The First Nations Voice Act 2023 created a state‑level, legally recognised advisory body giving Aboriginal and Torres Strait Islander South Australians a formal channel to advise the state government and parliament on matters affecting their communities. It directly involves First Nations people and officials, and indirectly shapes policy for all South Australians by changing how decisions affecting First Nations are informed.\n\nThis summary is based on publicly known information and not a substitute for the Act itself."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose in the long title and preamble. It establishes the Voice structures as intended, repeals the predecessor body (Aboriginal Lands Parliamentary Standing Committee), and amends the Constitution Act to recognise the importance of First Nations voices. The scope includes necessary administrative, electoral, and procedural machinery provisions to make the Voice functional, which is within the original intent rather than an expansion beyond it."},"complexity_factors":["Lengthy Schedule 1 containing detailed electoral procedures including a Court of Disputed Returns with 27 clauses governing elections, recounts, and petitions","Multiple cross-references to other Acts including the Electoral Act 1985, Public Sector Act 2009, Criminal Law Consolidation Act 1935, Corporations Act 2001 (Cth), and Constitution Act 1934","Nested conditional logic for vacancies (section 14) with multiple exceptions including 18-month thresholds, next-highest-vote appointments, and optional non-filling of vacancies","Gender representation requirements throughout (joint presiding members must be different genders, proxy voting rules require gender balancing, Schedule 1 mandates roughly 50/50 gender split)","Complex eligibility criteria for candidates including criminal history checks, serious offence disqualifications, and traditional owner status for nomination purposes","Multiple advisory committees with varying appointment mechanisms (some nominated by Local Voices, some appointed by State Voice, different sizes)","Interaction between Local and State Voices creates interdependent structures (State Voice members are drawn from Local Voice presiding members)","Protections and immunities clauses that preserve existing legal privileges while adding new statutory protections","Transitional provisions modifying normal rules for the first election","Regulation-making powers throughout leaving significant detail to subordinate legislation (number of regions, number of members per region, fees, native title bodies prescribed, etc.)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a two-tiered representative body for Aboriginal and Torres Strait Islander people in South Australia—a **State First Nations Voice** and **Local First Nations Voices** for each region of the State. These bodies are designed to give First Nations people a formal mechanism to express their views to Parliament and government on matters affecting them.\n\n**Who it affects:**\n\n*   **First Nations people in South Australia** – they can vote in elections for Local Voices and stand for election if they meet the three-part test (descent, self-identification, and community acceptance).\n*   **The South Australian Parliament and Government** – they must listen to and engage with the Voice through mandatory annual addresses, Cabinet meetings, briefings with senior public servants, and engagement hearings.\n*   **Public sector agencies** – must participate in briefings and hearings with the Voice.\n\n**Key features:**\n\n*   **Local First Nations Voices**: Six regional bodies (by default) with elected members. They gather local views, promote communication, and pass views up to the State Voice.\n*   **State First Nations Voice**: Made up of the joint presiding members from each Local Voice. It represents the diversity of First Nations people statewide and engages directly with Parliament and Cabinet.\n*   **Advisory Committees**: Mandatory committees for Elders, Youth, Stolen Generations, and Native Title Bodies, plus optional others.\n*   **Parliamentary engagement**: The State Voice must deliver an annual report and address to Parliament, can address either House about Bills, and must be notified when Bills are introduced.\n*   **Government engagement**: Mandatory twice-yearly meetings with Cabinet, twice-yearly briefings with Chief Executives of government departments, and annual \"engagement hearings\" where Ministers and senior officials answer questions about spending and priorities affecting First Nations people.\n*   **Elections**: Conducted by the Electoral Commissioner using a single transferable vote system, with gender parity requirements (roughly 50/50 male/female representation).\n*   **Independence**: Both State and Local Voices are independent bodies corporate—not government agencies or controlled by Ministers.\n*   **Cultural protection**: The Act explicitly protects culturally sensitive information that shouldn't be shared according to First Nations tradition, and doesn't override existing Native Title agreements or traditional practices.\n\n**Why it matters:**\n\nThis is South Australia's implementation of the \"Voice\" element from the Uluru Statement from the Heart. It creates permanent, constitutionally-recognised (via amendment to the Constitution Act 1934) structures for First Nations self-determination and consultation, replacing the previous Aboriginal Lands Parliamentary Standing Committee. It aims to ensure First Nations perspectives are heard in law-making and policy development before decisions are made, rather than after the fact."}},"importantCases":[],"_links":{"self":"/api/acts/first-nations-voice-act-2023","history":"/api/acts/first-nations-voice-act-2023/history","analysis":"/api/acts/first-nations-voice-act-2023/analysis","conflicts":"/api/acts/first-nations-voice-act-2023/conflicts","importantCases":"/api/acts/first-nations-voice-act-2023/important-cases","documents":"/api/acts/first-nations-voice-act-2023/documents"}}