{"id":"south-australian-multicultural-act-2021","name":"South Australian Multicultural Act 2021","slug":"south-australian-multicultural-act-2021","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110072,"registerId":"sa-south-australian-multicultural-act-2021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Multicultural Act 2021","content":"South Australia\nSouth Australian Multicultural Act 2021\nAn Act to advance multiculturalism and interculturalism in South Australia, to establish the South Australian Multicultural Commission, to provide for the South Australian Multicultural Charter, to repeal the South Australian Multicultural and Ethnic Affairs Commission Act 1980, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Parliamentary declaration\n4\tParliamentary declaration\nPart 3—South Australian Multicultural Commission\n5\tSouth Australian Multicultural Commission\n6\tResources of Multicultural Commission\n7\tConstitution of Multicultural Commission\n8\tPresiding member and deputy presiding member\n9\tMeetings of Multicultural Commission etc\n10\tRemuneration\n11\tFunctions\n12\tDelegation\n13\tCommittees\n14\tConflict of interest under Public Sector (Honesty and Accountability) Act\n15\tAnnual reporting\n16\tUse of staff etc of Public Service\n17\tPrinciples guiding consultation under Act\n18\tMulticultural Commission to provide report to Minister etc\nPart 4—South Australian Multicultural Charter\n19\tSouth Australian Multicultural Charter\n20\tStatutory duty of State authorities in respect of Charter\nPart 5—Miscellaneous\n21\tRegulations\nSchedule 1—Repeal and transitional provisions etc\nPart 1—Preliminary\n1\tAmendment provisions\nPart 2—Repeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980\n2\tRepeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980\nPart 3—Transitional and savings etc provisions\n3\tSouth Australian Multicultural and Ethnic Affairs Commission dissolved\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Multicultural Act 2021.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nSouth Australian Multicultural Charter means the South Australian Multicultural Charter prepared under section 19, as in force from time to time;\nSouth Australian Multicultural Commission or Multicultural Commission means the South Australian Multicultural Commission established under section 5;\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\ta public sector agency; or\n\t(c)\tan agency or instrumentality of the Crown; or\n\t(d)\ta local council constituted under the Local Government Act 1999; or\n\t(e)\tany incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or\n\t(iii)\testablished, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or\n\t(f)\tany other person or body declared by the regulations to be a State authority,\nbut does not include a person or body declared by the regulations to be excluded from the ambit of this definition.\n\t(2)\tFor the purposes of this Act, a reference to diversity will be taken to be a reference to cultural, linguistic, racial and religious diversity.\n\t(3)\tFor the purposes of this Act, a reference to multiculturalism will be taken to be a reference to policies and practices that recognise and respond to the diversity of the South Australian community, and that have as their primary objects the creation of conditions under which all members of the South Australian community, and groups within the community, may—\n\t(a)\tlive and work together harmoniously; and\n\t(b)\tfully and effectively participate in, and employ their skills and talents for the benefit of, the economic, social and cultural life of the State; and\n\t(c)\tmaintain and give expression to their distinctive cultural heritages.\n\t(4)\tFor the purposes of this Act, a reference to interculturalism will be taken to be a reference to policies and practices that recognise and promote in the community—\n\t(a)\ta deep understanding of, and respect for, all cultures; and\n\t(b)\ta dynamic, inclusive interaction between diverse groups within the community.\nPart 2—Parliamentary declaration\n4—Parliamentary declaration\nThe Parliament of South Australia recognises and acknowledges—\n\t(a)\tthat Aboriginal peoples are South Australia's first peoples and nations, and the traditional owners and occupants of land and waters in South Australia;\n\t(b)\tthe cultural, linguistic, racial and religious diversity of the people of South Australia;\n\t(c)\tthat all people have a right to express and celebrate their cultural, linguistic and religious diversity;\n\t(d)\tthat South Australia's diversity should be reflected in a whole of government approach to policy development, implementation and evaluation;\n\t(e)\tthat all South Australians should be able to participate in the cultural, economic, political and social life of South Australia to the maximum extent possible;\n\t(f)\tthat State authorities are responsible for giving effect to principles of multiculturalism in the course of their official functions and responsibilities;\n\t(g)\tthat all people are entitled to mutual respect and understanding regardless of their background;\n\t(h)\tthat diversity is an asset and a valuable resource benefitting South Australia;\n\t(i)\tthat diversity brings richness to the South Australian community;\n\t(j)\tthe valuable contribution of South Australians from diverse backgrounds to South Australia,\nand wishes to promote South Australia as a unified, harmonious and inclusive community.\nPart 3—South Australian Multicultural Commission\n5—South Australian Multicultural Commission\n\t(1)\tThe South Australian Multicultural Commission is established.\n\t(2)\tThe Multicultural Commission—\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)\thas the powers of a natural person; and\n\t(d)\tholds its property on behalf of the Crown.\n\t(3)\tWhere an apparently genuine document purports to bear the common seal of the Multicultural Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Multicultural Commission has been duly affixed to that document.\n\t(4)\tExcept in relation to the formulation of advice and reports to the Minister, the Multicultural Commission is subject to the direction and control of the Minister.\n6—Resources of Multicultural Commission\nThe Minister must ensure that the Multicultural Commission is provided with such resources as may reasonably be required to carry out its functions under this Act.\n7—Constitution of Multicultural Commission\n\t(1)\tThe Multicultural Commission consists of up to 15 persons appointed by the Minister who together have, in the Minister's opinion, the abilities, knowledge and experience required for the effective performance of the Multicultural Commission's functions.\n\t(2)\tA person must not be appointed as a member of the Multicultural Commission unless the person is an Australian citizen or a permanent resident of Australia.\n\t(3)\tThe Minister must, before appointing a member to the Multicultural Commission, call for expressions of interest under a scheme determined by the Minister for the purposes of this subsection.\n\t(4)\tIn appointing members to the Multicultural Commission, the Minister should, as far as is reasonably practicable, ensure that the membership of the Multicultural Commission reflects an appropriate diversity of cultural backgrounds, gender, lived experiences, age and geographic location, and should have regard to—\n\t(a)\tthe knowledge; and\n\t(b)\tthe sensitivity; and\n\t(c)\tthe enthusiasm and personal commitment; and\n\t(d)\tthe experience and involvement with culturally diverse groups,\nof each person to be so appointed.\n\t(5)\tOf the members appointed to the Multicultural Commission—\n\t(a)\tat least half (rounded down to the nearest whole number) must be women; and\n\t(b)\tat least 1 must be a resident in regional South Australia at the time of their appointment; and\n\t(c)\tat least 1 must be less than 25 years of age at the time of their appointment.\n\t(6)\tA member of the Multicultural Commission will be appointed for a term not exceeding 3 years and on conditions determined by the Minister and specified in the instrument of appointment.\n\t(7)\tA member of the Multicultural Commission will, at the expiration of a term of appointment, be eligible for reappointment (however, a member cannot hold office for more than 3 consecutive terms).\n\t(8)\tThe Minister may remove a member from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of the member's office satisfactorily; or\n\t(c)\tfor contravention of a condition of the member's appointment; or\n\t(d)\tfor dishonourable conduct; or\n\t(e)\tif the member has, without leave of the Multicultural Commission, been absent from 4 consecutive meetings of the Multicultural Commission.\n\t(9)\tThe Minister may remove all members of the Multicultural Commission from office if, in the opinion of the Minister, the Multicultural Commission has failed to carry out its functions satisfactorily and its membership should, in the opinion of the Minister, be reconstituted for that reason.\n\t(10)\tThe office of a member of the Multicultural Commission becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tis removed from office under this section.\n\t(11)\tOn the office of a member of the Multicultural Commission becoming vacant, the Minister may appoint a person to the vacant office (and the person will hold office for the remainder of the member's term of office).\n8—Presiding member and deputy presiding member\nThe Minister must appoint a member (the presiding member) to preside at meetings of the Multicultural Commission and may appoint another member (the deputy presiding member) to preside at meetings of the Multicultural Commission in the absence of the presiding member.\n9—Meetings of Multicultural Commission etc\n\t(1)\tSubject to this Act, a quorum of the Multicultural Commission consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tThe Multicultural Commission must meet at least 6 times in any calendar year.\n\t(3)\tThe presiding member will preside at a meeting of the Multicultural Commission and, in the absence of that person, or, in that member's absence, by the deputy presiding member (if any) and, in the absence of both the presiding member and the deputy presiding member (if any), the members present at a meeting of the Multicultural Commission must choose 1 of their number to preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by members of the Multicultural Commission at a meeting is a decision of the Multicultural Commission.\n\t(5)\tEach member present at a meeting of the Multicultural Commission has 1 vote on any question arising for decision (and the member presiding at the meeting will have a casting vote if the votes are equal).\n\t(6)\tA conference by telephone or other electronic means between the members of the Multicultural Commission will, for the purposes of this section, be taken to be a meeting of the Multicultural Commission at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Multicultural Commission for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(7)\tA proposed resolution of the Multicultural Commission becomes a valid decision of the Multicultural Commission despite the fact that it is not voted on at a meeting of the Multicultural Commission if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Multicultural Commission in accordance with procedures determined by the Multicultural Commission; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution.\n\t(8)\tThe Multicultural Commission must have accurate minutes kept of its meetings.\n\t(9)\tSubject to this Act and any direction of the Minister, the Multicultural Commission may determine its own procedures.\n10—Remuneration\nA member of the Multicultural Commission is entitled to remuneration, allowances and expenses determined by the Minister.\n11—Functions\nThe Multicultural Commission has the following functions under this Act:\n\t(a)\tto advise the Minister in relation to the operation of this Act, and multiculturalism generally;\n\t(b)\tto advise and consult with State authorities through the Minister to ensure that there is a coordinated approach to the advancement of multicultural affairs;\n\t(c)\tto advise the Minister in relation to the needs, aspirations and contributions of South Australians from diverse backgrounds;\n\t(d)\tto advise State authorities through the Minister on the extent to which services and facilities are available to, and meet the needs of, diverse communities of South Australia;\n\t(e)\tto increase awareness and understanding of the diversity of the South Australian community and the implications of that diversity;\n\t(f)\tto promote unity, understanding and harmony among all communities;\n\t(g)\tto raise awareness, and promote understanding, of multiculturalism and interculturalism;\n\t(h)\tto raise awareness of the harm that racism and other forms of discriminatory behaviour can do to multiculturalism and interculturalism in South Australia;\n\t(i)\tto advise and consult with the Office of the Commissioner for Equal Opportunity and other appropriate persons and bodies on matters relating to discrimination and racial vilification, and to refer such matters to be dealt with by such persons or bodies in circumstances where the Multicultural Commission considers it appropriate to do so;\n\t(j)\tto promote the South Australian Multicultural Charter and the advantages of a multicultural and intercultural society;\n\t(k)\tto undertake such consultation as may required by or under this Act, or by the Minister;\n\t(l)\tto keep under review and report on the extent to which government funded services and programs are achieving and furthering the purposes of this Act;\n\t(m)\tsuch other functions as may be assigned to the Multicultural Commission under this or any other Act, or by the Minister.\n12—Delegation\n\t(1)\tThe Multicultural Commission may delegate a function or power of the Multicultural Commission under this Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person for the time being occupying a specified office or position.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmust be made by instrument in writing; and\n\t(b)\tmay be made subject to conditions specified in the instrument of delegation; and\n\t(c)\tis revocable at will and does not prevent the delegator from acting in a matter.\n13—Committees\n\t(1)\tThe Multicultural Commission may, with the approval of the Minister, establish committees—\n\t(a)\tto advise the Multicultural Commission; or\n\t(b)\tto carry out functions on behalf of the Multicultural Commission.\n\t(2)\tThe membership of a committee will be determined by the Multicultural Commission and may, but need not, consist of, or include, members of the Multicultural Commission (however, the Multicultural Commission should, if it is reasonably practicable to do so, ensure that the membership of the committee also reflects the matters set out in section 7(4)).\n\t(3)\tThe Multicultural Commission will determine who will be the presiding member of a committee.\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 Multicultural Commission; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n14—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Multicultural Commission will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with people from a particular cultural group generally or a substantial section of such people in this State.\n15—Annual reporting\n\t(1)\tThe Multicultural Commission must, on or before 31 October in each year, report to the Minister on the operations of the Multicultural Commission during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n\t(3)\tA report under this section may be combined with the annual report of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of this Act.\n16—Use of staff etc of Public Service\nThe Multicultural Commission may, by agreement with the Chief Executive of an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n17—Principles guiding consultation under Act\n\t(1)\tIn undertaking consultation for the purposes of this Act, the Multicultural Commission must—\n\t(a)\testablish and maintain processes to ensure the participation of South Australians from diverse backgrounds in the consultation; and\n\t(b)\tcomply with any other requirement of the Minister in respect of a particular consultation; and\n\t(c)\tcomply with any other requirements set out in the regulations for the purposes of this paragraph.\n\t(2)\tNothing in this section prevents the Minister from directing the Multicultural Commission to undertake consultation in a specified matter in accordance with the directions of the Minister (and, in such a case, this section will be taken not to apply to the extent of any inconsistency with the Minister's directions).\n18—Multicultural Commission to provide report to Minister etc\n\t(1)\tThe Multicultural Commission must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by the Minister.\n\t(2)\tA report under subsection (1) must be provided in the form, and within the period, specified by the Minister.\n\t(3)\tWithout limiting subsection (1), the Multicultural Commission may prepare and provide to the Minister such other reports on matters related to the functions of the Multicultural Commission under this Act as the Multicultural Commission considers appropriate.\n\t(4)\tThe Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\nPart 4—South Australian Multicultural Charter\n19—South Australian Multicultural Charter\n\t(1)\tThe Minister must, in consultation with the Multicultural Commission, prepare and maintain the South Australian Multicultural Charter.\n\t(2)\tThe Charter must contain the following provisions:\n\t(a)\tprovisions setting out the principles of multiculturalism in relation to South Australia;\n\t(b)\tprovisions recognising the Aboriginal peoples of South Australia and their role in the diversity of the people of South Australia;\n\t(c)\tsuch other provisions as may be required by the regulations,\nand may contain any other provisions as the Minister thinks appropriate.\n\t(3)\tThe Minister—\n\t(a)\tmay vary or substitute the Charter from time to time; and\n\t(b)\tmust review the Charter at least every 5 years.\n\t(4)\tIn preparing, varying or substituting the Charter, the Minister—\n\t(a)\tmust, after consultation with the Multicultural Commission and the Commissioner for Aboriginal Engagement, prepare a draft version of the Charter or variation and publish the draft Charter on a website determined by the Minister; and\n\t(b)\tinvite submissions on the draft Charter with a view to obtaining a wide range of views in relation to the matters under consideration; and\n\t(c)\tcause the Multicultural Commission to undertake consultation in accordance with this Act in relation to the draft Charter or variation; and\n\t(d)\tcomply with any other requirements set out in the regulations for the purposes of this subsection.\n\t(5)\tThe Minister must, once the requirements under subsection (4) have been met, cause the Charter, or the Charter as varied (as the case requires)—\n\t(a)\tto be published in the Gazette; and\n\t(b)\tto be published on a website determined by the Minister.\n\t(6)\tThe Charter, as varied from time to time, has effect from the day on which it is published in the Gazette.\n\t(7)\tThe Minister must, within 6 sitting days after the Charter, as varied from time to time, is published in the Gazette, cause a copy of the Charter, or the Charter as varied, (as the case requires) to be laid before both Houses of Parliament.\n\t(8)\tThe Charter is an expression of policy and does not create legally enforceable rights or entitlements.\n20—Statutory duty of State authorities in respect of Charter\n\t(1)\tEvery State authority must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the South Australian Multicultural Charter.\n\t(2)\tA State authority will be taken not to be in breach of subsection (1) if the State authority is acting—\n\t(a)\tin accordance with a requirement under this or any other Act; or\n\t(b)\tin circumstances prescribed by the regulations.\n\t(3)\tA failure by a State authority to comply with this section does not, of itself, give rise to any civil liability against the Crown, the State authority or any other person.\nPart 5—Miscellaneous\n21—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act.\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; 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)\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—Repeal and transitional provisions etc\nPart 1—Preliminary\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Repeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980\n2—Repeal of South Australian Multicultural and Ethnic Affairs Commission Act 1980\nThe South Australian Multicultural and Ethnic Affairs Commission Act 1980 is repealed.\nPart 3—Transitional and savings etc provisions\n3—South Australian Multicultural and Ethnic Affairs Commission dissolved\n\t(1)\tThe South Australian Multicultural and Ethnic Affairs Commission is dissolved on the day on which clause 2 of this Schedule comes into operation.\n\t(2)\tDespite subclause (1) (and sections 7(1) and (9)), the members of the South Australian Multicultural and Ethnic Affairs Commission in office immediately before the day on which clause 2 of this Schedule comes into operation will be taken to be appointed under this Act as the members of the Multicultural Commission and—\n\t(a)\teach member will hold office for the remainder of their term of office (being the term for which they were appointed to the South Australian Multicultural and Ethnic Affairs Commission before its dissolution) and on the conditions of that appointment; and\n\t(b)\tthe member appointed to chair the South Australian Multicultural and Ethnic Affairs Commission will be taken to be appointed as the presiding member of the Multicultural Commission.\n\t(3)\tAny rights, assets and liabilities of the South Australian Multicultural and Ethnic Affairs Commission will, by force of this subclause, vest in the Minister on the day on which clause 2 of this Schedule comes into operation.\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\n2021\n39\nSouth Australian Multicultural Act 2021 \n21.10.2021\n2.12.2021 (Gazette 2.12.2021 p4214)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of advancing multiculturalism and establishing the Commission and Charter. While it replaces the 1980 Act, it does not significantly expand beyond the original scope of multicultural policy and ethnic affairs coordination. The addition of 'interculturalism' and explicit Aboriginal recognition represents evolution within the same policy domain rather than scope creep."},"complexity_factors":["Moderate length (21 sections plus Schedule) with straightforward structure following standard legislative pattern","7 defined terms in interpretation section (section 3), including complex nested definition of 'State authority' with multiple sub-paragraphs and exclusions","Extensive cross-referencing within the Act (e.g., sections 7(4) referenced in sections 7(5) and 13(2))","Conditional logic in membership requirements (section 7(5)) with mathematical rounding ('rounded down to the nearest whole number')","Multiple exceptions and savings clauses (Schedule 1, Part 3) for transitional arrangements","Non-justiciability clause in section 20(3) limiting legal enforceability","Ministerial discretion provisions throughout (e.g., sections 7(1), 7(8), 19(3)) creating flexible but conditional operation"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes a new framework for promoting multiculturalism and interculturalism in South Australia. It replaces an older 1980 law with a modern approach that includes:\n\n- **Creating the South Australian Multicultural Commission** — a new government body (up to 15 members) that advises the Minister on multicultural issues, promotes harmony between communities, and monitors how well government services serve diverse communities.\n\n- **Establishing the South Australian Multicultural Charter** — a formal policy document setting out principles for multiculturalism that all \"State authorities\" (government departments, local councils, public agencies, and similar bodies) must consider when making decisions.\n\n- **Setting diversity targets for the Commission** — at least half the members must be women, at least one must live in regional South Australia, and at least one must be under 25 years old.\n\n- **Giving Aboriginal peoples formal recognition** — the law explicitly acknowledges Aboriginal peoples as South Australia's first peoples and requires the Charter to recognise their role in the state's diversity.\n\n**Who it affects:**\n\n- **State authorities** — broadly defined to include government departments, local councils, public agencies, and other bodies established for public purposes. These bodies must \"have regard to\" the Multicultural Charter when carrying out their functions (though this doesn't create legally enforceable rights that individuals can sue over).\n\n- **South Australians from diverse backgrounds** — the Commission is specifically tasked with advising on their needs, aspirations, and contributions.\n\n- **The general public** — through the Commission's work promoting understanding, combating racism, and raising awareness of multiculturalism.\n\n**Why it matters:**\n\nThis law modernises South Australia's approach to cultural diversity by moving beyond the old \"ethnic affairs\" model to embrace both **multiculturalism** (supporting distinct cultural identities) and **interculturalism** (promoting interaction and mutual understanding between cultures). It creates accountability mechanisms through annual reporting and gives the Charter real, if limited, legal weight by requiring government bodies to consider it. The dissolution of the old Commission and transfer of its functions ensures continuity while updating the framework for contemporary needs."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available public information, the Act appears to have been implemented broadly in line with its stated purpose of formalising South Australia's multicultural policy framework. No significant scope changes from original intent could be identified — however, this assessment is limited by the inability to retrieve the full legislative text for detailed analysis."},"complexity_factors":["Actual legislative text was not retrievable due to a broken URL following a website migration, preventing full analysis","Based on known comparable multicultural legislation, such Acts tend to be administrative and principles-based rather than technically complex","Likely involves interactions with other SA government frameworks and bodies, adding moderate structural complexity","Establishment of statutory bodies (e.g. commissions) introduces governance layers that can be moderately complex","Uncertainty in score due to inability to review operative provisions, schedules, or definitions"],"plain_english_summary":"South Australia’s Multicultural Act 2021 formally recognises and supports culturally and linguistically diverse communities, creating a framework for multicultural policy—including an advisory body, guiding principles for government agencies, and reporting obligations. It affects migrants, refugees and other diverse South Australians and the public agencies that serve them.\n\nThe Act matters because it gives legal weight to diversity as an asset and creates mechanisms to hold government accountable. (Summary based on public purpose; full text unavailable.)"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"No. The Act implements the parliamentary declaration (s4) by establishing the Commission (s5), creating the Charter (s19) and imposing a duty on State authorities to have regard to it (s20). The Schedule repeals the 1980 Act but preserves continuity by transferring members, assets and liabilities (Sch 1 cl 2-3), so the statutory scope follows the new Act's declared purposes rather than expanding beyond them."},"complexity_factors":["Broad ministerial discretion over appointments, removals, directions and resource provision (s5(4); s6; s7(6),(8),(9); s18(1)-(2)).","Detailed membership composition requirements and term limits (citizenship/permanent residency, gender, regional, youth representation, term length and reappointment caps) creating administrative constraints (s7(1)-(7)).","Mixture of statutory duties and non‑justiciable policy instruments — Charter is binding as a duty to have regard but expressly not legally enforceable (s19(8); s20(1)-(3)).","Delegation and committee powers allowing multi‑layered exercise of functions (s12; s13), increasing governance permutations and accountability trails.","Extensive regulation‑making power enabling exemptions, incorporation of external codes and delegated determinations (s21(1)-(4)), which can significantly alter practical scope without primary‑law amendment.","Reporting and consultation obligations with specified timelines (annual report deadlines, Charter consultation and review cycles) that create recurring compliance tasks (s15; s19(3)-(6); s17).","Transitional provisions repealing the 1980 Act while vesting assets, liabilities and existing members — continuity plus legal succession complexity (Sch 1 cl 2-3).","Conflict‑of‑interest carve‑out tied to cultural group membership which interacts with existing public sector integrity rules (s14)."],"plain_english_summary":"This Act creates the South Australian Multicultural Commission and a South Australian Multicultural Charter, repeals the earlier 1980 Act, and requires State authorities to have regard to the Charter. It sets out how the Commission is funded, appointed, and staffed, and gives it advisory, consultative and reporting roles. The Minister appoints and may remove members, provides resources and directs consultations, while State authorities must seek to give effect to the Charter though it does not create enforceable legal rights."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-multicultural-act-2021","history":"/api/acts/south-australian-multicultural-act-2021/history","analysis":"/api/acts/south-australian-multicultural-act-2021/analysis","conflicts":"/api/acts/south-australian-multicultural-act-2021/conflicts","importantCases":"/api/acts/south-australian-multicultural-act-2021/important-cases","documents":"/api/acts/south-australian-multicultural-act-2021/documents"}}