First Nations Voice Act 2023 (South Australia)

This Act creates a statutory architecture for representative First Nations advisory bodies in South Australia and prescribes how those bodies interact with Parliament, the Executive and public administration. It establishes Local First Nations Voices for prescribed regions (s 9, s 10) and a State First Nations Voice composed of the joint presiding members of those Local Voices (s 24). Both the Local and State Voices are incorporated bodies corporate with perpetual succession, common seals and the capacity to hold property, sue and be sued (s 10(2), s 23(2)). The Act declares both the Local and State Voices independent of direction or control by the Crown, and not agencies or instrumentalities of the Crown (s 10(3)-(4), s 23(3)-(4)).

Mechanically, the Act sets out: the regions into which the State is to be divided for Local Voices (s 9); membership, election, gender representation and vacancy rules for Local Voices (s 11, Schedule 1 cl 4, cl 8, s 14); election administration rules and the Electoral Commissioner’s role (s 21, Schedule 1 cls 5-16); composition and functions of the State Voice (s 24, s 28); the establishment of advisory committees (Elders, Youth, Stolen Generations, Native Title Bodies) to feed advice into the State Voice (ss 30-33); obligations on Parliament and ministers to receive reports and to provide opportunities for addresses and briefings (Part 4 ss 38-42; Part 5 ss 43-46); administrative arrangements including a Public Service secretariat (s 47), Minister-determined resourcing after consultation (s 48), and the ability to use public sector staff by agreement (s 49); audit and financial record-keeping obligations (s 18(1)-(2), s 35(1)-(2)); confidentiality, immunity and penalties (ss 51-53, Schedule 1 cl 28); and broad regulation-making powers (s 54).

The Act also amends the Constitution Act 1934 to insert a parliamentary recognition clause about the importance of First Nations voices (Schedule 2 Pt 2 cl 2) and repeals the Aboriginal Lands Parliamentary Standing Committee Act 2003 (Schedule 2 Pt 1 cl 1). Transitional rules in Schedule 2 (Part 3) and Schedule 1 modify timing and procedures for the first election (Sch 2 Pt 3 cl 3). The State First Nations Voice is given specific statutory entitlements to deliver an annual address to a joint sitting and to address a single House in relation to a Bill (ss 38, 40). The Act requires the Minister to cause a statutory review to be carried out between years three and four after commencement, by a First Nations person or body appointed on the State Voice’s recommendation (s 50).

South Australia First Nations Voice Act 2023 An 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.

Contents Preamble Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Meaning of First Nations person 5 Meaning of traditional owner 6 Act does not require disclosure of certain information 7 Act does not limit functions of other First Nations persons or bodies etc 8 Act to be read in conjunction with other relevant Acts Part 2—Local First Nations Voices Division 1—State to be divided into regions 9 Constitution of regions Division 2—Local First Nations Voices 10 Establishment of Local First Nations Voices 11 Composition of Local First Nations Voice 12 Joint presiding members 13 Terms and conditions of office 14 Vacancies 15 Functions of Local First Nations Voices 16 Procedures of Local First Nations Voices 17 Delegation 18 Accounts and audit 19 Duty to act honestly 20 Code of conduct Division 3—Elections of members of Local First Nations Voices 21 Conduct of elections of members of Local First Nations Voices Division 4—Annual meeting of Local First Nations Voices 22 Annual meeting of Local First Nations Voices Part 3—State First Nations Voice 23 Establishment of State First Nations Voice 24 Composition of State First Nations Voice 25 Joint presiding members 26 Terms and conditions of office 27 Vacancies 28 Functions of State First Nations Voice 29 Procedures of State First Nations Voice 30 First Nations Elders Advisory Committee 31 First Nations Youth Advisory Committee 32 Stolen Generations Advisory Committee 33 Native Title Bodies Advisory Committee 34 Other advisory committees 35 Accounts and audit 36 Duty to act honestly 37 Code of conduct Part 4—Addresses to Parliament 38 State First Nations Voice to deliver annual report and address to Parliament 39 State First Nations Voice to be notified of introduction of Bills 40 State First Nations Voice entitled to address Parliament in relation to Bills 41 State First Nations Voice may present report to Parliament 42 State First Nations Voice may be requested to provide report to Parliament etc Part 5—Interaction with South Australian Government Division 1—Meeting with Cabinet 43 State First Nations Voice to meet with Cabinet 44 Protection of communications etc with Cabinet Division 2—Briefings with Chief Executives of administrative units 45 Briefings with Chief Executives of administrative units Division 3—Annual engagement hearing with administrative units etc 46 Annual engagement hearing with administrative units etc Part 6—Administration and resourcing 47 Secretariat 48 Resources 49 Use of staff etc of Public Service Part 7—Review of Act 50 Review of Act Part 8—Miscellaneous 51 Confidentiality 52 Obstruction etc 53 Protections, privileges and immunities 54 Regulations and fee notices Schedule 1—Rules of election for Local First Nations Voices Part 1—Preliminary 1 Interpretation 2 Voters roll 3 Declaration of eligibility 4 Gender representation Part 2—Returning officer 5 Returning officer 6 Distribution of information and election publicity Part 3—Eligibility to vote 7 Eligibility to vote in elections Part 4—Eligibility and nomination for election to Local First Nations Voice 8 Nominations for office of member of Local First Nations Voice Part 5—General rules relating to election 9 Election timetable 10 Uncontested elections 11 Voting 12 Postal voting may be used 13 System of voting and determination of certain rules etc Part 6—Declaration of results 14 Provisional declarations 15 Recounts 16 Declaration of results and certificate Part 7—Supplementary elections 17 Supplementary elections Part 8—Disputed Returns 18 Constitution of Court 19 Clerk of Court 20 Jurisdiction of Court 21 Procedure upon petition 22 Powers of Court 23 Effect of decision 24 Right of appearance 25 Case stated 26 Costs 27 Rules of Court Part 9—Miscellaneous 28 False or misleading statements Schedule 2—Repeals, related amendments and transitional etc provisions Part 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 1 Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 Part 2—Amendment of Constitution Act 1934 2 Insertion of section 3 3 Recognition of importance of First Nations voices Part 3—Transitional etc provisions 3 First election of members of Local First Nations Voices 4 Consultation with State First Nations Voice Legislative history

Preamble 1 For millennia Aboriginal people thrived as the custodians of the land and waters of this State. 2 Since colonisation Aboriginal and Torres Strait Islander people have faced unacceptable levels of disadvantage. 3 It 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.

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the First Nations Voice Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Interpretation In this Act— administrative unit has the same meaning as in the Public Sector Act 2009; First Nations person—see section 4; Local First Nations Voice, in respect of a region, means the Local First Nations Voice for that region established under section 10; region, for the purposes of this Act, means a region from time to time constituted under section 9; serious offence means— (a) an offence against the following provisions of the Criminal Law Consolidation Act 1935: (i) Part 3; (ii) Part 3A; (iii) Part 3B; (iv) Part 3D; (v) Part 4; (vi) Part 5; (vii) Part 6A; (viii) Part 6B; (ix) Part 7; (x) Part 7B (being an offence consisting of aiding, abetting, counselling or procuring the commission of an offence referred to in a preceding subparagraph); (xi) section 270A (being an offence consisting of attempting to commit an offence referred to in a preceding subparagraph); (xii) section 270AB; (xiii) section 270B; (xiv) section 270C; (xv) section 270D; or (b) any 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 (c) an offence against a law of the Commonwealth, or of another State or Territory, corresponding to an offence referred to in a preceding paragraph; State First Nations Voice means the State First Nations Voice established under section 23; traditional owner—see section 5. 4—Meaning of First Nations person (1) For the purposes of this Act, a person will be taken to be a First Nations person if the person— (a) is of Aboriginal or Torres Strait Islander descent; and (b) regards themselves as Aboriginal or Torres Strait Islander (as the case requires); and (c) is accepted as an Aboriginal or Torres Strait Islander person by the relevant Aboriginal or Torres Strait Islander community. (2) For 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. 5—Meaning of traditional owner For 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. 6—Act does not require disclosure of certain information Nothing 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). 7—Act does not limit functions of other First Nations persons or bodies etc (1) Nothing in this Act limits or otherwise affects the functions of any other First Nations persons or bodies under any other Act or law. (2) Nothing 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. (3) Nothing in this Act limits or otherwise affects anything that First Nations persons or bodies can do in accordance with First Nations tradition. 8—Act to be read in conjunction with other relevant Acts The 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. Part 2—Local First Nations Voices Division 1—State to be divided into regions 9—Constitution of regions (1) South Australia is to be divided into the prescribed number of regions for the purposes of this Act. (2) Each region— (a) consists of the area or areas from time to time specified by the regulations; and (b) may 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. (3) Without 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. (4) For the purposes of this section, the prescribed number of regions is— (a) if the regulations from time to time prescribe a number of regions—that number; or (b) if the regulations do not prescribe a number of regions—6. Division 2—Local First Nations Voices 10—Establishment of Local First Nations Voices (1) There is to be a Local First Nations Voice in respect of each region in the State. (2) Each Local First Nations Voice— (a) is a body corporate with perpetual succession and a common seal; and (b) is capable of suing and being sued; and (c) is, for the purpose of carrying out its functions, capable of— (i) holding, acquiring, dealing with and disposing of real and personal property; and (ii) acquiring or incurring any other rights or liabilities. (3) A Local First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown. (4) A 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). (5) If 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. 11—Composition of Local First Nations Voice A 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. 12—Joint presiding members (1) Each 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. (2) A joint presiding member who is removed from the State First Nations Voice under section 27— (a) ceases, by force of this section, to be a joint presiding member of the Local First Nations Voice; and (b) is not eligible to be re‑elected as a joint presiding member of the Local First Nations Voice. (3) To 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. 13—Terms and conditions of office (1) Subject 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. (2) A member of a Local First Nations Voice is entitled to such remuneration, allowances and expenses as may be determined by the Governor. 14—Vacancies (1) The office of a member of a Local First Nations Voice becomes vacant if the member— (a) dies; or (b) completes a term of office and is not re‑elected; or (c) resigns by written notice to the Governor; or (d) is sentenced to serve a period of imprisonment for an offence; or (e) is found guilty of a serious offence; or (f) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (g) is removed from office by the Governor under subsection (2). (2) The 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— (a) for misconduct or conduct that may bring the Local First Nations Voice into disrepute; or (b) for breach of, or non-compliance with, a condition of office; or (c) for failure to comply with the duty under section 19; or (d) for breach of, or non-compliance with, the code of conduct under section 20; or (e) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (f) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily. (3) A 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. (4) Subject to subsection (5), the following rules apply to the filling of a casual vacancy that occurs in the office of a member: (a) if 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; (b) if— (i) there was only 1 candidate at the member's election; or (ii) the person with the next highest number of votes is no longer suitable, or is unavailable or unwilling to be appointed; or (iii) the vacancy occurs later than 18 months after that election, a supplementary election to fill the vacant office must be held. (5) If 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. (6) A member appointed to a vacant office under subsection (4) holds office for the balance of the term of the member's predecessor. (7) An 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. 15—Functions of Local First Nations Voices (1) A Local First Nations Voice has the following functions: (a) to consider and discuss matters of interest to First Nations people in its region; (b) to promote, encourage and assist First Nations people in its region to communicate their views on matters of interest; (c) to receive the views of First Nations people in its region and pass those views on to the State First Nations Voice; (d) to liaise and collaborate with the State First Nations Voice on matters of interest to First Nations people in its region; (e) at 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; (f) at 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; (g) such other functions as may be assigned to the Local First Nations Voice by or under this Act or by the Minister. (2) Subject 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. 16—Procedures of Local First Nations Voices (1) Subject 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. (2) Subject to this section, a Local First Nations Voice must meet not less than 4, and not more than 6, times in each year. (3) A Local First Nations Voice may, with the approval of the Minister, meet more than 6 times in a year. (4) The 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. (5) A 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. (6) Each 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. (7) A meeting of a Local First Nations Voice may be conducted remotely using 1 or both of the following means of communication: (a) audio visual; (b) audio, and 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. (8) To 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. (9) A Local First Nations Voice must have accurate minutes kept of its meetings. (10) Subject to this Act, a Local First Nations Voice may determine its own procedures. 17—Delegation (1) A Local First Nations Voice may delegate a function under this Act to a member of the Local First Nations Voice. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Local First Nations Voice to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated. 18—Accounts and audit (1) A 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. (2) The Auditor‑General may at any time, and must at least once in each year, audit the accounts of a Local First Nations Voice. 19—Duty to act honestly A 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. 20—Code of conduct (1) The 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). (2) Members of Local First Nations Voices must comply with the code of conduct. Division 3—Elections of members of Local First Nations Voices 21—Conduct of elections of members of Local First Nations Voices (1) Subject 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. (2) Except in the case of a supplementary election, an election of members of a Local First Nations Voice— (a) must be conducted in the course of each general election (within the meaning of the Electoral Act 1985); and (b) must be conducted by the Electoral Commissioner— (i) in accordance with the rules set out in Schedule 1; and (ii) to 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. (3) The validity of any election or return may only be disputed in accordance with Schedule 1. Division 4—Annual meeting of Local First Nations Voices 22—Annual meeting of Local First Nations Voices (1) The State First Nations Voice must convene, at least once in each year, a meeting of all Local First Nations Voices. (2) An annual meeting may be held at the time and place determined by the State First Nations Voice. (3) An annual meeting is to be conducted in accordance with any procedures determined by the State First Nations Voice. (4) However, nothing in this section requires a Local First Nations Voice, or a member of a Local First Nations Voice, to attend an annual meeting. Part 3—State First Nations Voice 23—Establishment of State First Nations Voice (1) The State First Nations Voice is established. (2) The State First Nations Voice— (a) is a body corporate with perpetual succession and a common seal; and (b) is capable of suing and being sued; and (c) is, for the purpose of carrying out its functions, capable of— (i) holding, acquiring, dealing with and disposing of real and personal property; and (ii) acquiring or incurring any other rights or liabilities. (3) The State First Nations Voice is independent of direction or control by the Crown or any Minister or officer of the Crown. (4) The 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). (5) If 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. 24—Composition of State First Nations Voice The State First Nations Voice consists of the joint presiding members of each Local First Nations Voice. 25—Joint presiding members The 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. 26—Terms and conditions of office (1) A 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. (2) A member of the State First Nations Voice is entitled to such remuneration, allowances and expenses as may be determined by the Governor. 27—Vacancies (1) The office of a member of the State First Nations Voice becomes vacant if the member— (a) dies; or (b) resigns by written notice to the Governor; or (c) is sentenced to serve a period of imprisonment for an offence; or (d) is found guilty of a serious offence; or (e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (f) is removed from office by the Governor under subsection (2). (2) The Governor may, at the written request of the State First Nations Voice, remove a member of the State First Nations Voice from office— (a) for misconduct or conduct that may bring the State First Nations Voice into disrepute; or (b) for breach of, or non-compliance with, a condition of office; or (c) for failure to comply with the duty under section 36; or (d) for breach of, or non-compliance with, the code of conduct under section 37; or (e) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (f) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily. (3) The 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. (4) An 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. 28—Functions of State First Nations Voice (1) The State First Nations Voice has the following functions: (a) to represent the diversity of First Nations people in South Australia; (b) to 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; (c) to engage with and provide advice to the South Australian Parliament and the South Australian Government on matters of interest to First Nations people; (d) at 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; (e) to assign names to regions constituted for the purposes of this Act; (f) such other functions as may be assigned to the State First Nations Voice by or under this Act or by the Minister. (2) The State First Nations Voice must, in carrying out its functions, endeavour to represent the views of First Nations persons in the State. (3) Subject 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. (4) The State First Nations Voice cannot delegate a function under this Act. 29—Procedures of State First Nations Voice (1) Subject 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. (2) Subject to this section, the State First Nations Voice must meet not less than 4, and not more than 6, times in each year. (3) The State First Nations Voice may, with the approval of the Minister, meet more than 6 times in a year. (4) The 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. (5) A 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. (6) Each 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. (7) A meeting of the State First Nations Voice may be conducted remotely using 1 or both of the following means of communication: (a) audio visual; (b) audio, and 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. (8) To 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. (9) A 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). (10) A 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— (a) is present at the specified meeting; and (b) exercises the proxy vote at the meeting in accordance with any instructions of the appointing member in the instrument of appointment. (11) A 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). (12) To avoid doubt, a proxy vote that is exercised other than in accordance with this section is void and of no effect. (13) The State First Nations Voice must have accurate minutes kept of its meetings. (14) Subject to this Act, the State First Nations Voice may determine its own procedures. 30—First Nations Elders Advisory Committee (1) The 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. (2) The First Nations Elders Advisory Committee consists of 2 persons of different gender nominated by each Local First Nations Voice. (3) A 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. (4) Each member of the First Nations Elders Advisory Committee must be a First Nations person. (5) The procedures of the First Nations Elders Advisory Committee will be— (a) as determined by the State First Nations Voice; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (6) A 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. 31—First Nations Youth Advisory Committee (1) The 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. (2) The First Nations Youth Advisory Committee consists of 2 persons of different gender nominated by each Local First Nations Voice. (3) A 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. (4) Each member of the First Nations Youth Advisory Committee must be a First Nations person. (5) The procedures of the First Nations Youth Advisory Committee will be— (a) as determined by the State First Nations Voice; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (6) A 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. 32—Stolen Generations Advisory Committee (1) The 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. (2) The Stolen Generations Advisory Committee consists of 6 members appointed by the State First Nations Voice. (3) A 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. (4) Each member of the Stolen Generations Advisory Committee must be a First Nations person. (5) The procedures of the Stolen Generations Advisory Committee will be— (a) as determined by the State First Nations Voice; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (6) A 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. 33—Native Title Bodies Advisory Committee (1) The 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. (2) The 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). (3) A 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. (4) Each member of the Native Title Bodies Advisory Committee must be a First Nations person. (5) The procedures of the Native Title Bodies Advisory Committee will be— (a) as determined by the State First Nations Voice; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (6) A 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. 34—Other advisory committees (1) The State First Nations Voice may establish such other committees to advise the State First Nations Voice as the State First Nations Voice considers appropriate. (2) The 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. (3) Each member of a committee must (unless the State First Nations Voice determines otherwise in relation to a particular committee) be a First Nations person. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the State First Nations Voice; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (5) A 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. 35—Accounts and audit (1) The 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. (2) The Auditor‑General may at any time, and must at least once in each year, audit the accounts of the State First Nations Voice. 36—Duty to act honestly A 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. 37—Code of conduct (1) The 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. (2) Members of the State First Nations Voice must comply with the code of conduct. Part 4—Addresses to Parliament 38—State First Nations Voice to deliver annual report and address to Parliament (1) The 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— (a) present 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 (b) present 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 (c) address, through 1 of the joint presiding members of the State First Nations Voice, a joint sitting of Parliament in relation to the reports. (2) To avoid doubt, only 1 address may be made under this section in each year. 39—State First Nations Voice to be notified of introduction of Bills (1) The 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. (2) However, a failure to comply with this section does not affect the validity of the Bill or any proceedings of the Parliament. 40—State First Nations Voice entitled to address Parliament in relation to Bills (1) The 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. (2) The 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. (3) However, 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. (4) For the purposes of this section, 1 of the joint presiding members of the State First Nations Voice may— (a) be admitted to the floor of the relevant House; and (b) address the relevant House on behalf of the State First Nations Voice in relation to the relevant Bill. (5) To avoid doubt, only 1 address may be made, and only 1 House addressed, under subsection (4) in relation to each Bill. (6) Nothing 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. (7) Nothing 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. 41—State First Nations Voice may present report to Parliament (1) Without 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. (2) A copy of the report must be delivered to the President of the Legislative Council, the Speaker of the House of Assembly and the Minister. (3) The 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. (4) The 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)— (a) provide a copy of the report to each Minister responsible for an area identified in the report as requiring action; and (b) prepare a report setting out— (i) each Minister's response to any part of the report that falls within that Minister's responsibility; and (ii) if 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 (iii) if 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 (iv) any other information required by the regulations. (5) The 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. 42—State First Nations Voice may be requested to provide report to Parliament etc (1) The 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. (2) The 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. (3) However, 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. (4) To avoid doubt, nothing in this section limits the general privilege of Parliament to send for persons, papers or records. Part 5—Interaction with South Australian Government Division 1—Meeting with Cabinet 43—State First Nations Voice to meet with Cabinet (1) The 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. (2) Despite subsection (1), the State First Nations Voice and the Cabinet may meet less than twice in a year if— (a) the 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 (b) it is not reasonably practicable to reschedule the meeting to take place in the relevant year. (3) The 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. 44—Protection of communications etc with Cabinet For 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. Division 2—Briefings with Chief Executives of administrative units 45—Briefings with Chief Executives of administrative units (1) The 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. (2) The 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. (3) The 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. Division 3—Annual engagement hearing with administrative units etc 46—Annual engagement hearing with administrative units etc (1) The 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— (a) each Minister specified by the State First Nations Voice for the purposes of the engagement hearing; and (b) the Chief Executive of each administrative unit of the Public Service specified by the State First Nations Voice for the purposes of the engagement hearing. (2) The 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— (a) the health, welfare or education of First Nations people; or (b) the 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 (c) any other matter determined by agreement between the joint presiding members of the State First Nations Voice and the Premier. (3) The 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. (4) The Premier must cause a transcript of each engagement hearing to be prepared and published. Part 6—Administration and resourcing 47—Secretariat There 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. 48—Resources Before 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. 49—Use of staff etc of Public Service A 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. Part 7—Review of Act 50—Review of Act (1) The 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. (2) The review must be conducted by a First Nations person or body appointed by the Minister on the recommendation of the State First Nations Voice. (3) The review must be completed after the third, but before the fourth, anniversary of the commencement of this section. (4) Without 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. (5) A report may contain such recommendations as the reviewer considers appropriate. (6) The 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. Part 8—Miscellaneous 51—Confidentiality (1) A 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— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration or enforcement of this or any other Act; or (d) for the purposes of referring the matter to a law enforcement agency; or (e) to 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 (f) if the disclosure is reasonably necessary for the protection of the lawful interests of that person. Maximum penalty: $10 000. (2) Subsection (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. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. Maximum penalty: $10 000. (4) The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act. 52—Obstruction etc A 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. Maximum penalty: $10 000. 53—Protections, privileges and immunities (1) No 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. (2) Nothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members. (3) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity; or (d) cabinet in confidence or commercial in confidence information; or (e) any other requirement under a law that information be kept confidential. 54—Regulations and fee notices (1) The 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. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and (b) fees in respect of any matter under this Act and their payment, recovery or waiver; and (c) fines, not exceeding $10 000, for offences against the regulations; and (d) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment or amendment of this Act or the regulations; and (d) provide 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 (e) apply 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. (4) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (5) If a code, standard or other document is referred to or incorporated in the regulations— (a) a 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 (b) evidence 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. Schedule 1—Rules of election for Local First Nations Voices Part 1—Preliminary 1—Interpretation In this Schedule— Court means the Court of Disputed Returns under Part 8 of this Schedule; declaration of eligibility—see clause 3; election means an election of members of Local First Nations Voices; returning officer—see clause 5; State election means a general election of members of the House of Assembly under the Electoral Act 1985; State 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. 2—Voters roll The State electoral roll will be taken to be the electoral roll for the purposes of an election under this Act. 3—Declaration of eligibility For the purposes of this Schedule, a declaration of eligibility in relation to an election means— (a) in 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— (i) is a First Nations person; and (ii) is, to the best of the person's knowledge, eligible to vote in the election; or (b) in 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— (i) is a First Nations person; and (ii) in 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 (iii) is not ineligible to nominate for an office of member of a Local First Nations Voice in the election. 4—Gender representation The gender representation of members of a Local First Nations Voice should reflect the following: (a) one half of the membership (rounded down to the nearest whole number) are to be female persons; (b) one half of the membership (rounded down to the nearest whole number) are to be male persons; (c) in the case where there is an additional office arising out of the rounding down—that member may be of any gender. Part 2—Returning officer 5—Returning officer (1) The Electoral Commissioner will be the returning officer for the purposes of an election under this Act. (2) The returning officer may appoint 1 or more electoral officials to assist in the conduct of an election. (3) Without limiting the generality of subclause (2), an electoral official— (a) may hand out nomination forms; and (b) may receive nomination forms up to the close of nominations; and (c) may take a photograph of each candidate and write the name of the candidate on the back. 6—Distribution of information and election publicity (1) The returning officer will be responsible for publicity of an election in each region. (2) Without 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). (3) Publicity of an election under these rules must include— (a) the description of the election process; and (b) the period during which voting may take place; and (c) the location or locations where— (i) nominations will be called; and (ii) voting will take place, in each region; and (d) the eligibility of voters to vote in the election during the period in which voting may take place; and (e) an explanation that each eligible voter can only vote once at an election in their region, and may include any other information the returning officer thinks fit in relation to the election. (4) To 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. Part 3—Eligibility to vote 7—Eligibility to vote in elections (1) A First Nations person who— (a) is enrolled on the State electoral roll; and (b) has completed a declaration of eligibility in relation to voting in the election, is 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. (2) To avoid doubt, a First Nations person is only eligible to vote in relation to the Local First Nations Voice for 1 region. Part 4—Eligibility and nomination for election to Local First Nations Voice 8—Nominations for office of member of Local First Nations Voice (1) A First Nations person— (a) who is enrolled on the State electoral roll; and (b) either— (i) whose principal place of residence (as recorded on the State electoral roll) is located within a particular region; or (ii) who is a traditional owner in relation to an area located wholly or partly within a particular region; and (c) who has completed a declaration of eligibility in relation to nominating for an office of member of the Local First Nations Voice in the election, is eligible to nominate for an office of member of the Local First Nations Voice for that region. (2) However, 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— (a) is serving a sentence of imprisonment for an offence, or is remanded in custody in relation to a charge of an offence; or (b) has been found guilty of a serious offence within the preceding 2 years; or (c) is, pursuant to a bail agreement, parole or other agreement, restricted from travelling within the State; or (d) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth. (3) Nominations 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. (4) A person nominates for an office of member of a Local First Nations Voice by lodging with the returning officer— (a) a written nomination in a form determined by the returning officer; and (b) the person's declaration of eligibility in relation to nominating for an office of member of the Local First Nations Voice; and (c) an indication of the person's gender; and (d) a photograph of the person of a kind determined by the returning officer; and (e) either— (i) a 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 (ii) an application for, and written consent to the returning officer obtaining, a criminal history report of a kind referred to in subparagraph (i). (5) At the close of nominations, the returning officer must forward any applications and consents received under subclause (4)(e)(ii) to South Australia Police. (6) The 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). (7) The 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. (8) If 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. Part 5—General rules relating to election 9—Election timetable (1) Subject to this Act, polling for an election under this Act will occur in the course of each State election. (2) Polling 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). (3) Without 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. (4) Polling at a polling booth must be conducted at the same times as polling for the State election. 10—Uncontested elections If, 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. 11—Voting (1) If 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— (a) at each place that the State election is held; and (b) at any other location or locations determined by the returning officer. (2) The returning officer must determine such rules as the returning officer considers necessary as to enable the casting of absentee votes in an election. (3) Without limiting any other rules that may be determined by the returning officer, the rules referred to in subclause (2) must provide for— (a) voting at polling places at the locations determined by the returning officer; and (b) verification of the identity of persons casting absentee votes in an election; and (c) verification of the eligibility of persons casting absentee votes in an election. (4) A person may only cast 1 vote in an election of members of a Local First Nations Voice. (5) To avoid doubt, voting is not compulsory. 12—Postal voting may be used (1) Without 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. (2) Without limiting any other rules or procedures that may be determined by the returning officer, the rules referred to in subclause (1) must provide for— (a) verification of the identity of persons casting postal votes in an election; and (b) verification of the eligibility of persons casting postal votes in an election. 13—System of voting and determination of certain rules etc (1) Voting 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. (2) Without limiting the rules that may be determined under this clause, the Electoral Commissioner must make rules relating to— (a) the method of voting in an election; and (b) the counting of votes in an election; and (c) scrutiny of the counting of votes in an election; and (d) the gender representation requirements set out in clause 4 of this Schedule. (3) Without 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. (4) Despite 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. Part 6—Declaration of results 14—Provisional declarations When the result of the election becomes apparent, the returning officer must make a provisional declaration of the result. 15—Recounts (1) At 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. (2) The 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. (3) The following provisions apply to a recount: (a) the returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted; (b) the returning officer may reverse a decision taken at the count; (c) if 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. 16—Declaration of results and certificate (1) If 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. (2) If a recount is made, the returning officer must, according to the result of the recount— (a) confirm the relevant provisional declaration; or (b) revoke the provisional declaration and make a final declaration in accordance with the result of the recount, and then immediately make out a return to the Minister certifying the result of the election accordingly. (3) The returning officer— (a) must notify all candidates, in writing, of the result of the election; and (b) must within 1 month after the conclusion of the election cause the result of the election to be published— (i) in the Gazette; and (ii) in a newspaper circulating throughout the State; and (iii) on a website determined by the returning officer; and (iv) in any other manner determined by the returning officer. (4) When the returning officer certifies the result of an election under subclause (1) or (2), the election of the candidate or candidates takes effect immediately. Part 7—Supplementary elections 17—Supplementary elections (1) Subject to this clause, if the election of members of a Local First Nations Voice fails because— (a) no person nominates for the office to which the election relates; or (b) no votes are cast in the election, then the Minister may (but need not) require a supplementary election to be held in relation to the office. (2) Before making a determination to require, or not require, a supplementary election, the Minister must consult with— (a) the State First Nations Voice; and (b) the returning officer, and may consult with any other person or body the Minister thinks fit. (3) A supplementary election under this Part must be conducted in accordance with this Schedule (with such modifications as the returning officer thinks fit). Part 8—Disputed Returns 18—Constitution of Court (1) There will be a Court of Disputed Returns for the purposes of this Act. (2) The Court is constituted of a District Court Judge. (3) The Court, separately constituted under this clause, may sit contemporaneously to hear separate proceedings. (4) The Court is a court of record. (5) Subject to this Part, the procedure and powers of the Court are the same as those of the District Court when exercising its civil jurisdiction. 19—Clerk of Court (1) There will be a clerk of the Court appointed by the Chief Judge of the District Court. (2) The office of clerk of the Court may be held in conjunction with any other office. 20—Jurisdiction of Court The Court has jurisdiction to hear and determine any petition addressed to it disputing the validity of an election under this Act. 21—Procedure upon petition (1) A petition to the Court must— (a) set out the facts relied on to invalidate the election; and (b) set out the relief to which the petitioner claims to be entitled; and (c) be signed by a candidate at the election in dispute or by an elector for that election; and (d) be lodged with the clerk of the Court within 28 days after the conclusion of the election; and (e) set 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 (f) be accompanied by the prescribed amount as security for costs. (2) A copy of the petition must be served on— (a) any person declared elected in the disputed election; and (b) the relevant Local First Nations Voice; and (c) if it is alleged that the election is invalid on account of an act or omission of an electoral official—the returning officer. (3) If, 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. (4) A reply must— (a) set out the facts on which the applicant proposes to rely; and (b) ask for any relief to which the applicant claims to be entitled; and (c) be executed by the applicant. 22—Powers of Court (1) The Court must sit as an open court, and its powers include the following: (a) to adjourn; (b) to compel the attendance of witnesses and the production of documents; (c) to examine witnesses on oath, affirmation or declaration; (d) with the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration; (e) subject to this Act and the rules, to determine its procedure in each case; (f) to declare— (i) that a person who was returned as elected was not duly elected; and (ii) that a candidate who was not returned as elected was duly elected; (g) to declare an election void; (h) to dismiss or uphold a petition, in whole or in part; (i) to amend or allow the amendment of a petition or reply; (j) to punish contempt of its authority by fine or imprisonment. (2) The 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. (3) The Court is not bound by the rules of evidence. (4) The Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities. (5) A decision of the Court is final and without appeal. 23—Effect of decision (1) If 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. (2) If 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. 24—Right of appearance A party to proceedings before the Court may appear personally or be represented by counsel. 25—Case stated The 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. 26—Costs (1) The Court may make orders for costs as it thinks just. (2) If 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. (3) An order under this clause may be enforced as an order of the District Court. 27—Rules of Court The Chief Judge of the District Court may make rules— (a) regulating the practices and procedures of the Court; and (b) fixing fees to be paid in respect of proceedings before the Court; and (c) making any other provision necessary or expedient for the purposes of this Schedule. Part 9—Miscellaneous 28—False or misleading statements A 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. Maximum penalty: Imprisonment for 4 years. Schedule 2—Repeals, related amendments and transitional etc provisions Part 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 1—Repeal of Aboriginal Lands Parliamentary Standing Committee Act 2003 The Aboriginal Lands Parliamentary Standing Committee Act 2003 is repealed. Part 2—Amendment of Constitution Act 1934 2—Insertion of section 3 After section 2 insert: 3—Recognition of importance of First Nations voices (1) The 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. (2) The 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. Part 3—Transitional etc provisions 3—First election of members of Local First Nations Voices (1) Despite 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: (a) the election need not occur in the course of a State election; (b) each region will be known by the name assigned to the region by the regulations for the purposes of this paragraph; (c) polling for the election will occur during the period, and at a location or locations, determined by the Electoral Commissioner after consultation with the Minister; (d) if 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). (2) However, 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. (3) Except 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. 4—Consultation with State First Nations Voice The 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. Legislative history Notes • For 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. Principal Act Year No Title Assent Commencement 2023 9 First Nations Voice Act 2023 26.3.2023 12.5.2023 except Sch 2 (cl 1)—1.7.2023 and except Pt 4—1.1.2024 (Gazette 11.5.2023 p929)

1 First Nations Voice Act 2023

The Act rests on several interlocking concepts that determine structure, membership, decision-making and interface with government.

Representative architecture and federal-style layering. The statute creates a two-tier representative structure: regionally elected Local First Nations Voices that aggregate upwards into a State First Nations Voice composed of the joint presiding members of each Local Voice (s 10, s 24). Regions are statutory constructs defined by regulation or plan, defaulting to six unless regulations specify otherwise (s 9(4)).

Corporate independence with public connection. Both levels are bodies corporate with property and contractual capacity (s 10(2), s 23(2)) and are declared independent of Crown direction (s 10(3), s 23(3)). Nonetheless, they are funded and serviced via public mechanisms: a secretariat of Public Service employees is provided and public resourcing is determined by the Minister after consultation (ss 47-49). The tension between statutory independence and dependence on public resourcing and administrative support is expressed through these combined devices.

Representative eligibility and gender representation. A person is a First Nations person for the Act if they satisfy descent, self-identification and acceptance by the relevant community (s 4). Voting and candidacy rely on the State electoral roll and a declaration of eligibility (Schedule 1 cls 2, 3, 7). The Local Voices must reflect prescribed gender representation: each half of membership rounded down to whole numbers for female and male and any extra seat may be of any gender (Schedule 1 cl 4). Joint presiding members at each Local Voice and the State Voice must be persons of different gender (s 12(1), s 25). Proxy rules for State Voice meetings include gender checks to ensure different genders among Local Voice representatives present (s 29(9)-(12)).

Electoral mechanics and administration. Elections are generally to be held during State elections and conducted by the Electoral Commissioner under rules in Schedule 1 and supplementary rules made after consultation where Schedule 1 is incomplete (s 21(2); Schedule 1 cl 13). Voting uses single transferable vote with details determined by the Electoral Commissioner after consultation (Schedule 1 cl 13(1)). Nomination procedures include criminal history checks or consent to obtain such a report (Schedule 1 cl 8(4)-(6)) and returning officer responsibilities for publicity and conduct (Schedule 1 cls 5-6).

Parliamentary and executive interface. The State First Nations Voice has statutory entitlements to present an annual written report and address Parliament at a joint sitting (s 38), to be notified of the introduction of each Bill (s 39), to address one House on a Bill with prior notice (s 40), and to present reports which trigger Ministerial responses and laying before Parliament (s 41). The State Voice must meet Cabinet at least twice yearly (s 43), receive periodic briefings from Chief Executives (s 45) and hold annual engagement hearings that can probe operations, expenditure and priorities of administrative units (s 46).

Accountability and administrative law interfaces. The Auditor‑General has power to audit accounts at least annually for both Local and State Voices (s 18(2), s 35(2)). Members are under statutory duties to act honestly (ss 19, 36), comply with a code of conduct published by the Minister after consultation (ss 20, 37), and keep accurate minutes (ss 16(9), 29(13)). Confidentiality provisions criminalise unauthorised disclosure with exceptions for law enforcement and legitimate public sector functions (s 51). Protections from liability in good faith are provided (s 53(1)).

Regulation-making and executive discretion. The Governor, on the Minister’s recommendation after consultation with the State Voice, can make wide-ranging regulations, including exemptions from parts of the Act, fees, and incorporation of codes or standards (s 54). The Minister determines resourcing, codes of conduct (after consultation), and the Minister has procedural roles in approving additional Local or State Voice meetings (ss 16(3), 29(3), 20(1), 37(1), 48, 54).

Legal-administrative remedy mechanisms. Electoral disputes are channelled to a dedicated Court of Disputed Returns constituted by a District Court Judge with powers modelled on the District Court, final decisions and costs regimes provided (Schedule 1 Part 8 cls 18-27). Criminal and civil penalties are set for specified contraventions (s 51 max $10,000; s 52 max $10,000; Schedule 1 cl 28 false statements carries up to 4 years imprisonment).

These concepts define how representation, procedural legitimacy, administrative support, reporting obligations and legal accountability interlock under the Act.

Primary affected persons and entities are First Nations individuals in South Australia, Local First Nations Voices, the State First Nations Voice, Parliament, the Executive (Cabinet and Ministers), public sector administrative units, and certain First Nations organisations such as prescribed native title bodies.

First Nations persons. The Act’s definitions and eligibility rules are central to who can vote, nominate and serve. A person qualifies as a First Nations person if they are of Aboriginal or Torres Strait Islander descent, self-identify as such and are accepted by the relevant First Nations community (s 4(1)). Voting eligibility requires being enrolled on the State electoral roll and completing a declaration of eligibility (Schedule 1 cl 7). Candidates must be either resident in the region or a traditional owner for an area in the region and must complete a nomination declaration (Schedule 1 cl 8(1)). Persons convicted of serious offences within two years, serving sentences, subject to travel restrictions under bail/parole, or disqualified from managing corporations under the Corporations Act are ineligible to nominate or hold office (Schedule 1 cl 8(2)).

Local First Nations Voices and their members. Each Local Voice is a corporate body (s 10(2)). Members are elected (s 11) according to Schedule 1; joint presiding members must be of different gender (s 12(1)). Local Voices perform functions such as receiving and passing on views to the State Voice, liaising with the State Voice, and, at their discretion, engaging with public sector agencies and local government (s 15). Members owe duties to act honestly (s 19) and to comply with the code of conduct (s 20). The Governor may remove members on State Voice recommendation following a written Local Voice request in specified circumstances (s 14(2)-(3)). Local Voices must keep accounts and are subject to audit by the Auditor‑General (s 18).

State First Nations Voice and its members. The State Voice is made up of joint presiding members of Local Voices (s 24). It represents First Nations people across the State, liaises with Local Voices, provides advice to Parliament and Government, and assigns region names (s 28). It cannot delegate functions (s 28(4)). Members hold office whilst they are joint presiding members of their Local Voice (s 26(1)). The Governor may remove a State member at the written request of the State Voice under specified grounds (s 27(2)). The State Voice establishes advisory committees (Elders, Youth, Stolen Generations, Native Title Bodies) whose membership and remuneration are set out (ss 30-33).

Parliament, presiding officers and ministers. The presiding officers decide the day for the State Voice’s annual report and address to a joint sitting (s 38(1)). Clerks must notify the State Voice when a Bill is introduced (s 39). The State Voice may be requested to provide reports to Parliament and the Minister is required to circulate and respond to State Voice reports within a statutory timeframe and lay any response before both Houses (s 41). Ministers and Chief Executives must participate in specified briefings and hearings with the State Voice and the Premier is responsible for ensuring these meetings are scheduled (ss 43-46).

Public sector administrative units and officials. The secretariat consists of Public Service employees assigned to support the Voices (s 47). The Auditor‑General has audit powers for both levels (s 18(2), s 35(2)). The Minister determines resourcing after consultation with the Voices (s 48) and administrative units may supply staff, equipment and facilities by agreement (s 49). Chief Executives specified by the State Voice must attend briefings and engagement hearings as required (ss 45-46).

Native title bodies and other First Nations organisations. The Native Title Bodies Advisory Committee is to be constituted from nominees of prescribed native title bodies (s 33). The Act also allows establishment of other advisory committees (s 34) and expressly preserves functions and agreements under other laws, including arrangements under the Commonwealth Native Title Act 1993 (s 7(2)).

Electoral Commission and judiciary. The Electoral Commissioner acts as returning officer for elections and has rule-making and administrative discretion (s 21(2); Schedule 1 cls 5, 13). Disputes about elections are to be decided by a Court of Disputed Returns constituted by a District Court Judge (Schedule 1 Part 8 cls 18-23).

These categories cover the range of affected parties, with effects varying from eligibility and participation burdens for individuals to statutory reporting, advisory, administrative and auditing obligations for government bodies and officials.

The Act imposes specific duties on members of the Voices, ministers, public officials and the Electoral Commissioner, and confers rights on the State First Nations Voice and Local Voices.

Duties on members of Voices. Members of Local and State Voices must act honestly in the performance of their functions at all times (s 19 for Local Voices; s 36 for State Voice). Members must comply with any code of conduct published by the Minister after consultation with the State Voice (s 20(1), s 37(1)) and must ensure accurate minutes are kept of meetings (s 16(9), s 29(13)). Local Voices must meet between four and six times annually unless the Minister approves more meetings (s 16(2)-(3)); the State Voice has a similar meeting frequency requirement (s 29(2)-(3)). Local Voices may delegate functions to members by written instrument, revocable at will (s 17).

Duties on ministers, presiding officers and the Premier. The presiding officers must determine the day(s) for presentation of the State Voice’s annual report and address after consultation (s 38(1)). Clerks of the Houses must notify the State Voice of Bill introductions (s 39(1)). The Minister must, upon receipt of a report from the State Voice, provide copies to relevant Ministers and prepare a consolidated response within six months, then cause that response to be laid before both Houses within six sitting days of preparation (s 41(4)-(5). The Premier must arrange meetings between the State Voice and Cabinet at least twice yearly (s 43) and must cause Chief Executive briefings and engagement hearings in accordance with regulations (ss 45-46). The Premier must also ensure the transcript of engagement hearings is prepared and published (s 46(4)).

Rights of the State First Nations Voice. The State Voice has statutory rights to: present an annual written report and make one annual address to a joint sitting of Parliament (s 38); be given notice of Bills introduced to either House (s 39); address one House about a Bill on at least seven days’ written notice, with urgent exceptions (s 40); present reports to Parliament at any time on matters of interest and trigger Ministerial responses (s 41); and be requested by presiding officers to provide reports or to send a member to address a House, although neither can compel attendance (s 42). The State Voice and Cabinet are required to meet at least twice a year and the State Voice has rights to briefings with Chief Executives and engagement hearings on administrative unit operations, budgets and priorities (ss 43-46).

Electoral duties and rights. The Electoral Commissioner, as returning officer, is charged with conducting elections generally during State elections and with making rules for matters not dealt with in Schedule 1 (s 21(2)). Voting is by secret ballot using single transferable vote (Schedule 1 cl 11, cl 13). Voters must be on the State electoral roll and make a declaration of eligibility (Schedule 1 cls 2, 3, 7). Candidates must lodge nomination forms, a declaration, gender indication, a photograph and a criminal history report or consent for one to be obtained; the returning officer bears the cost of obtaining a criminal history report where consent is provided (Schedule 1 cl 8(3)-(6)). Voting is not compulsory (Schedule 1 cl 11(5)).

Financial and administrative duties. Local and State Voices must keep proper accounting records and prepare annual statements of account (s 18(1), s 35(1)). The Auditor‑General may audit accounts at any time and must audit at least once a year (s 18(2), s 35(2)). Members are entitled to remuneration and allowances as determined by the Governor for Local and State members (s 13(2), s 26(2)). Advisory committee members’ remuneration is a Ministerial determination after consultation with the State Voice (ss 30(6), 31(6), 32(6), 33(6)).

Confidentiality and information duties. Persons involved in administering the Act must not divulge personal information except as expressly authorised (s 51(1)). The Act defines exceptions for authorised disclosure including law enforcement, administration of the Act, or with consent (s 51(1)(a)-(f)). Unauthorised disclosure and improper use of disclosed information attract maximum penalties of $10,000 (s 51). Documents prepared for submission to Cabinet by the State Voice are to be treated as prepared for Cabinet for the purposes of FOI and other laws (s 44).

Duties in relation to election disputes. Parties to election disputes must follow the petition procedures in Schedule 1 Part 8, with time limits and requirements for security for costs, service and replies (Schedule 1 cls 21-22). The Court of Disputed Returns has extensive powers including declaring elections void and awarding costs (Schedule 1 cl 22).

Immunity and protections. Acts or omissions in good faith in exercising functions attract no civil liability under the Act (s 53(1)). Parliamentary privileges and established legal privileges and immunities are expressly left intact (s 53(2)-(3)).

Together these duties and rights create a statutory balance between representative entitlements to be heard and procedural duties of governance, reporting, financial accountability and confidentiality.

The Act provides a mix of administrative removal powers, statutory penalties, audit and disclosure controls, and a judicial mechanism for electoral disputes. Enforcement mechanisms range from Governor removals on request to criminal penalties and civil cost orders in election challenges.

Removal and disqualification. Members’ offices become vacant on death, resignation, imprisonment, being found guilty of a serious offence, bankruptcy, disqualification under the Corporations Act, or removal by the Governor (s 14(1), s 27(1)). For Local Voices, the Governor may remove a member on the recommendation of the State First Nations Voice made at the written request of a Local Voice, and a Local Voice may only make such a request after a majority resolution (s 14(2)-(3)). For the State Voice, the Governor may remove a member at the written request of the State First Nations Voice (s 27(2)-(3)). These provisions create an internal political route for removal, channelled to formal executive action by the Governor.

Criminal and civil penalties. Confidentiality breaches by those engaged in administration attract a maximum penalty of $10,000 (s 51(1)). The improper use of disclosed information also carries up to $10,000 (s 51(3)). Obstruction, hindrance or improper influence of a Local or State Voice or a member in the exercise of functions is an offence with maximum penalty $10,000 (s 52). Schedule 1 imposes criminal sanction for false or misleading statements in information provided for electoral purposes: making a statement knowing it is false or misleading in a material particular attracts a maximum penalty of imprisonment for four years (Schedule 1 cl 28).

Audit and financial oversight. The Auditor‑General may audit accounts of Local and State Voices at any time and must do so at least once in each year (s 18(2), s 35(2)). Accounts and annual statements of account are mandatory (s 18(1), s 35(1)). These provisions give an independent comptroller role to the Auditor‑General and create an administrative enforcement pathway for financial compliance.

Election dispute resolution and costs. The Act establishes a Court of Disputed Returns constituted by a District Court Judge with power to hear petitions disputing elections (Schedule 1 Part 8 cls 18-23). The Court can declare a person not duly elected, declare a different candidate duly elected, declare an election void, compel attendance, punish contempt and make costs orders (Schedule 1 cl 22). Decisions of the Court are final and without appeal (Schedule 1 cl 22(5)). The Court may award costs and, if an election is void due to an act or omission of an electoral official, costs attributable to that act or omission must be awarded against the Crown (Schedule 1 cl 26(2)).

Administrative powers and enforcement. The Governor, on Minister recommendation after consultation with the State Voice, can make regulations including offences with fines not exceeding $10,000 and fees for matters under the Act (s 54(1)-(2)). The Minister may prescribe fees by fee notice under the Legislation (Fees) Act 2019 (s 54(4)). The returning officer has discretion to refuse or initiate recounts within 48 hours of a provisional declaration (Schedule 1 cl 15) and must publish election results and certify them to the Minister (Schedule 1 cl 16).

Protections and immunities. s 53(1) immunises the Local and State Voices, their members and other persons or bodies from liability for acts or omissions in good faith in exercising functions or powers under the Act. Parliamentary privileges and certain legal privileges such as legal professional privilege and public interest immunity are preserved (s 53(2)-(3)).

Overall, enforcement combines internal governance removal mechanisms, statutory criminal penalties for disclosure and obstruction, audit oversight, and a dedicated judicial forum for electoral disputes. The Act also leaves scope for further offences, fees and fines to be prescribed by regulation (s 54(2)(b)-(c)).

The Act is designed to operate alongside electoral law, administrative law, freedom of information legislation, the Corporations Act, native title instruments and existing public sector frameworks. The text contains express saving and interaction clauses and gives the Executive regulatory powers to align implementation with other instruments.

Electoral Act and Electoral Commissioner functions. Elections for Local Voices are to be conducted in the course of State elections under the Electoral Act 1985 unless otherwise provided (s 21(2)(a); Schedule 1 cl 9(1)). The State electoral roll is taken to be the voters roll for Voice elections (Schedule 1 cl 2). The Electoral Commissioner is the returning officer (Schedule 1 cl 5(1)) and must apply Schedule 1 rules; where Schedule 1 fails to deal with a matter the Electoral Commissioner may make rules after consultation with the State Voice and the Minister (s 21(2)(b)(ii)). Schedule 1 also requires the Commissioner to, in determining rules, so far as practicable be consistent with Electoral Act provisions relating to Legislative Council elections (Schedule 1 cl 13(3)). These references create explicit cross‑linking with the electoral regime and confer rule-making discretion to the Commissioner where statutory rules are silent.

Corporations Act disqualification. Persons disqualified from managing corporations under the Corporations Act are ineligible to be members (s 14(1)(f), s 27(1)(e); Schedule 1 cl 8(2)(d)). This imports one ground of incapacity from Commonwealth corporate insolvency rules into eligibility for office under the Act.

Freedom of Information and Cabinet confidentiality. The Act treats documents prepared for or provided to Cabinet by the State Voice as having been specifically prepared for submission to Cabinet “for the purposes of the Freedom of Information Act 1991 and any other Act or law” (s 44). That has the effect of aligning such documents with the protections associated with cabinet submissions and potentially limiting disclosure under FOI. The Act also preserves public interest and legal professional privilege and cabinet in confidence protections (s 53(3)(a)-(d)).

Native Title Act and other First Nations agreements. Section 7(2) expressly states the Act does not limit agreements or arrangements relating to First Nations persons or bodies, including agreements under the Commonwealth Native Title Act 1993. The Native Title Bodies Advisory Committee explicitly brings prescribed native title bodies into the advisory architecture (s 33). The Act therefore coexists with native title apparatus and other statutory or contractual regimes.

Public Sector Act and public sector staff. Although Local and State Voices are declared not to be public sector agencies under the Public Sector Act 2009 (s 10(4), s 23(4)), the mechanism for secretariat support is to assign Public Service employees to the secretariat (s 47), and Local and State Voices may use staff, equipment or facilities of administrative units by agreement (s 49). The Minister determines resourcing after consultation (s 48). This establishes operational overlap with public sector employment and resource allocation regimes while maintaining a formal independence of the Voices.

Auditor‑General and financial oversight. The Auditor‑General’s audit role for Local and State Voices (s 18(2), s 35(2)) integrates the Voices into the State financial accountability architecture and subjects their accounts to the same external audit power as other public bodies where the Auditor‑General’s jurisdiction applies.

Legislative and regulatory hierarchy. The Governor in Council may make regulations for any purpose necessary or expedient for the Act and may exempt persons or classes from operation of specified provisions (s 54(1)-(2)). Regulations may also incorporate codes, standards or other documents prepared by the Minister or another body (s 54(3)(e)). The Minister can issue fee notices under the Legislation (Fees) Act 2019 (s 54(4)). These provisions allow the executive to align substantive operation of the Act with other legislative frameworks, but also concentrate discretion in the Minister and Governor.

Electoral dispute jurisdiction and court rules. Election disputes are assigned to a Court of Disputed Returns constituted by a District Court Judge (Schedule 1 cls 18-19). The Court’s powers, practices and its capacity to punish contempt or award costs mirror the District Court’s civil jurisdiction, and the Chief Judge can make rules governing practice (Schedule 1 cl 27). This creates a discrete electoral litigation channel consistent with other electoral statutes.

Constitution Act amendment. The Act inserts a recognition clause into the Constitution Act 1934 acknowledging the importance of listening to First Nations voices (Schedule 2 Pt 2 cl 2). That amendment is declaratory and symbolic but sits in the State constitutional statute.

In sum, the Act intentionally cross‑references and dovetails with the Electoral Act, Corporations Act disqualification rules, FOI/cabinet confidentiality principles, Auditor‑General powers and public sector arrangements, while reserving broad regulatory powers to the executive to align details and grant exemptions.

The Act contains its own legislative history as recorded at the end of the text and includes transitional amendments and repeals in Schedule 2. The principal Act is First Nations Voice Act 2023 (No 9 of 2023). It received assent on 26 March 2023 and commenced on specified dates: the main body on 12 May 2023 except Schedule 2 clause 1 which commenced 1 July 2023 and Part 4 which commenced 1 January 2024, per the commencement note (Legislative history).

Repeal and constitutional amendment. Schedule 2 Part 1 repeals the Aboriginal Lands Parliamentary Standing Committee Act 2003 (Schedule 2 Pt 1 cl 1). Schedule 2 Part 2 inserts a new section 3 into the Constitution Act 1934 set out as “Recognition of importance of First Nations voices” (Schedule 2 Pt 2 cl 2), which contains declaratory recognition and an acknowledgment of past lack of parliamentary hearing for First Nations voices (Schedule 2 Pt 2 cl 3).

Transitional provisions for first elections. Schedule 2 Part 3 sets transitional provisions for the first election of Local First Nations Voices. The first election need not occur during a State election, regions will be known by names assigned in the regulations, polling will occur at times and places determined by the Electoral Commissioner after consultation with the Minister, and the Commissioner may modify or determine rules for the first election if circumstances require (Sch 2 Pt 3 cl 3(1)(a)-(d)). The clause clarifies that gender diversity requirements cannot be altered by the Commissioner (Sch 2 Pt 3 cl 3(2)). Schedule 2 also provides that until the State Voice is capable of performing functions, certain consultation obligations need not be complied with (Sch 2 Pt 3 cl 4).

Regulatory and subordinate instrument powers. Section 54(1) enables the Governor to make regulations on the Minister’s recommendation after consultation with the State Voice. The regulations may include exemptions, fees, fines, and incorporation of external codes or standards and may make different provisions according to circumstances (s 54(2)-(3)). The Minister may also prescribe fees by fee notice under the Legislation (Fees) Act 2019 (s 54(4)). The Act contemplates subordinate instruments that will flesh out many operational details.

Administrative rule‑making. Schedule 1 empowers the Electoral Commissioner to make rules where Schedule 1 does not deal with a necessary matter for a particular election, after consultation with the State Voice and the Minister (s 21(2)(b)(ii)). Schedule 1 cl 13 similarly requires the Commissioner to make STV rules after consultation. Those delegated rules will effectively form part of the implementation history of the election procedure.

Review timeline. Section 50 prescribes a statutory review to be undertaken by a First Nations person or body appointed by the Minister on the State Voice’s recommendation, to be completed after the third but before the fourth anniversary of commencement. The Minister must lay the report before both Houses within six sitting days of receiving it (s 50(1)-(6)). That review clause guarantees at least one legislative review point within four years.

The legislative history portion of the statute records assent and commencement. Beyond that, the Act provides the framework for subordinate regulations and the Electoral Commissioner’s rules which will together form the operational amendment history as they are made and applied. The Act itself does not record subsequent amendments beyond the initial repeal and insertion described in Schedule 2.

The Act’s text contains no decisions or judicial history. It creates its own adjudicative mechanism for election disputes: a Court of Disputed Returns constituted by a District Court Judge with powers modelled on the District Court and with final, non‑appealable decisions in election matters (Schedule 1 Part 8 cls 18-23). That mechanism includes procedures for petitions, service, replies, evidence, and costs (Schedule 1 cls 21-27). The Court may declare elections void, declare that a returned person was not duly elected or that another candidate was duly elected, punish contempt, and award costs (Schedule 1 cl 22).

Outside of the discrete election dispute pathway, the Act provides statutory immunities and clarifies preservation of parliamentary privileges and legal privileges (s 53), which will inform litigation risk and admissibility of certain materials in judicial review or other proceedings. Confidentiality provisions create criminal penalties and civil sanctions that could spark contested prosecutions or applications involving disclosure, but the Act itself does not reference any past or pending cases.

Because the Act is recent legislation (First Nations Voice Act 2023, No 9 of 2023) and includes a review process to be completed between the third and fourth anniversaries of commencement (s 50(3)), the statutory framework anticipates that case law may develop around electoral disputes resolved under the Court of Disputed Returns and around the interplay of the Act with FOI and cabinet confidentiality (s 44). Any litigation touching ministerial obligations under s 41(4)-(5) to respond to State Voice reports, or disputes arising from Governor removal actions under ss 14 and 27, would proceed via the regular courts, subject to the immunities and privileges preserved by s 53.

At present the Act does not record judicial interpretation or precedent. Practitioners should monitor decisions from the District Court exercising the Court of Disputed Returns jurisdiction under Schedule 1 and any administrative law litigation that tests Ministerial or Premier obligations created by the Act.

The Act contains several technical features and interlocking procedural rules that create practical compliance traps and points of legal sensitivity for prospective candidates, Voice bodies, government officials and advisers. Listed below are concrete mechanics to watch and how they operate under the statute.

Gender representation arithmetic and joint presiding rules. Schedule 1 cl 4 prescribes gender representation by rounding halves down and allowing any extra seat to be of any gender. Joint presiding members must be persons of different gender at both Local Voices (s 12(1)) and the State Voice (s 25). The State Voice proxy rules require proxies to be of a gender that ensures representatives present from a Local Voice are of different genders (s 29(9)-(12)). Those cross‑linked rules mean that small changes in membership or proxy appointments can inadvertently breach prescribed gender diversity arrangements and lead to ineligibility for presiding roles or void proxy votes.

Nomination criminal history requirements and privacy. Schedule 1 cl 8 requires candidates to supply a criminal history report or consent for the returning officer to obtain one, and the returning officer must forward applications and consents to South Australia Police (cl 8(5)). The returning officer bears the cost of obtaining the report under cl 8(6). Candidates should plan for the administrative time and privacy implications: personal criminal history information is actively handled by state authorities under the Act and misuse of disclosed information is criminalised (s 51). The procedural steps create possible delay risks for nominations that could affect eligibility if not managed within the 14‑day nomination window (Schedule 1 cl 8(3)).

Eligibility and disqualification cross‑references. Disqualification under the Corporations Act disqualifies persons from office under this Act (s 14(1)(f); s 27(1)(e); Schedule 1 cl 8(2)(d)), importing Commonwealth corporate law consequences into Voice eligibility. Similarly, qualifying as a “serious offence” is defined by reference to numerous Criminal Law Consolidation Act 1935 parts and to corresponding Commonwealth or out‑of‑State offences (s 3 definition of serious offence). Practitioners must map criminal histories to these cross‑references to determine candidate eligibility.

Independence vs resourcing. The Voices are declared independent of Crown direction (s 10(3), s 23(3)) and not public sector agencies (s 10(4), s 23(4)). At the same time the secretariat is to be comprised of Public Service employees (s 47), and resourcing is determined by the Minister after consultation (s 48). That combination creates a dependence on executive funding and administrative support which can translate into operational leverage through resource allocation or the timing of approvals for additional meetings (see s 16(3), s 29(3)). The text leaves significant practical discretion to the Minister in these matters (s 48).

Removal mechanics and internal resolution requirements. Local member removal requires a resolution of the Local Voice followed by a written request to the State Voice which must then recommend removal to the Governor (s 14(2)-(3)). That sequence could create political friction or delay in enforcement of misconduct rules. For State Voice members, removal is by written request of the State Voice to the Governor (s 27(2)-(3)). The formal route through the Governor places ultimate removal power in the executive but requires local or State Voice initiation.

Cabinet confidentiality and FOI. Section 44 treats documents prepared for or provided to Cabinet by the State Voice as specifically prepared for Cabinet for FOI and other laws. That creates a potential protective funnel for State Voice submissions to Cabinet. However, the Act also requires the Minister to circulate State Voice reports to relevant Ministers and to prepare responses and lay them before Parliament (s 41(4)-(5)). The interplay can create tension over what remains confidential and what is subject to parliamentary scrutiny and should be navigated with FOI counsel.

Election timing and first election exceptions. While elections are generally to align with State elections (s 21(2)(a); Schedule 1 cl 9(1)), Schedule 2 Pt 3 sets bespoke rules for the first election including Commissioner discretion to modify rules and to hold polling outside a State election if necessary (Sch 2 Pt 3 cl 3(1)(a), (d)). First election arrangements therefore may not conform to the later default regime and those transitional modifications cannot alter statutory gender diversity rules (Sch 2 Pt 3 cl 3(2)). Practitioners working on the initial rollout must read the transitional provisions carefully.

Court of Disputed Returns finality and costs. The Court’s decisions are final and without appeal (Schedule 1 cl 22(5)), which concentrates judicial finality in a single judge forum. Costs can be awarded and, where an electoral official’s act or omission caused voiding, costs attributable to that error must be awarded against the Crown (Schedule 1 cl 26(2)). Petitioners must lodge within 28 days after the conclusion of the election and provide security for costs (Schedule 1 cl 21(1)(d), (1)(f)). Timing, security for costs and potential personal exposure to costs require early strategic planning.

Offences with serious penalties for election material. Schedule 1 cl 28 makes it an offence punishable by up to four years’ imprisonment to knowingly provide materially false or misleading statements in information provided for electoral purposes. That is a severe criminal sanction that applies to campaign materials or declarations and warrants careful compliance advice for candidates and their supporters.

Regulatory breadth and delegation risks. Section 54 enables regulations that can exempt classes from provisions, impose fees and fines, and incorporate codes or standards prepared by the Minister or others. The Act explicitly permits regulations to delegate determinations to specified persons or bodies (s 54(3)(d)). This means that many operational features may be decided by subordinate instruments; parties should monitor and participate in regulation and rule‑making to influence outcomes.

These “gotchas” are not evaluative conclusions but practical mechanics embedded in the statute that create compliance obligations, deadlines, privacy and disclosure risks, and potential governance tensions.

This section sets out concrete, actionable steps for likely actors to achieve statutory compliance, with direct references to the relevant provisions.

Prospective candidates and voters (First Nations persons)

Verify eligibility: confirm you satisfy the three‑part definition of First Nations person (descent, self‑identification, community acceptance) per s 4. Check whether you are on the State electoral roll because the roll is the voters roll for elections (Schedule 1 cl 2) and citizens must complete a declaration of eligibility in the form and manner determined by the returning officer (Schedule 1 cl 3).
Nominations: if seeking office, ensure your principal place of residence on the State electoral roll is within the region or that you qualify as a traditional owner for an area in the region (Schedule 1 cl 8(1)(b)). Lodge the nomination within the 14‑day nomination period at the returning officer’s specified location and include the written nomination, eligibility declaration, gender indication, photograph and either a criminal history report issued within six months or consent for the returning officer to obtain one (Schedule 1 cl 8(3)-(4)). Expect the returning officer to forward any consent to SA Police (cl 8(5)); the returning officer bears the cost of obtaining the report (cl 8(6)).
Voting: know voting is voluntary (Schedule 1 cl 11(5)) and limited to one vote in your region (cl 11(4)). Be prepared to verify identity and eligibility for absent or postal votes under rules determined by the returning officer (cl 11(2)-(3); cl 12).
Campaign materials: avoid knowingly false or misleading statements about nominations or elections; Schedule 1 cl 28 exposes persons making materially false statements to up to four years’ imprisonment.

Local First Nations Voices (corporate entity and members)

Corporate formalities: as statutory corporations (s 10(2)), ensure common seal use is properly documented and minutes and records are kept (s 16(9)). Keep proper accounting records and prepare annual statements of account (s 18(1)). Expect audits by the Auditor‑General at least annually (s 18(2)).
Meetings and quorum: meet at least four times and no more than six times per year unless the Minister approves more (s 16(2)-(3)). Compute quorum as one half the total number of members ignoring fractions plus one (s 16(1)).
Gender rules and presiding members: elect two joint presiding members of different gender (s 12(1)). Be mindful that removal from the State Voice affects presiding status (s 12(2)). Ensure proxies and appointments satisfy gender requirements as they relate to State Voice procedures (s 29(9)-(12)).
Code of conduct and honesty: comply with the code of conduct published by the Minister after consultation (s 20(1)-(2)) and observe the statutory duty to act honestly (s 19).
Delegations and delegations instruments: if delegating functions to members, make the delegation by written instrument and note it may be absolute or conditional and revocable at will (s 17(1)-(3)). Keep records of delegations.

State First Nations Voice

Composition and meetings: understand the State Voice consists of joint presiding members of Local Voices (s 24). Hold at least four meetings and up to six unless the Minister approves more (s 29(2)-(3)). Keep accurate minutes and maintain voting procedures consistent with s 29.
Parliamentary engagement: prepare the annual report and coordinate with presiding officers to present to a joint sitting on the day(s) determined (s 38(1)). For addressing a House on a Bill, give at least seven days’ written notice except where urgent progression makes it impracticable (s 40(2)-(3)).
Advisory committees: establish required advisory committees (Elders, Youth, Stolen Generations, Native Title Bodies) in accordance with ss 30-33. Ensure committee membership rules (e.g. members must be First Nations persons) and remuneration arrangements are followed (ss 30(4)-(6), 31(4)-(6), 32(3)-(6), 33(3)-(6)).
Reports and Ministerial responses: when presenting reports to Parliament, deliver copies to the President, Speaker and Minister (s 41(2)). The Minister must provide the report to each Minister responsible for identified areas and prepare a consolidated response within six months; the Minister must then lay that report before both Houses within six sitting days of preparation (s 41(4)-(5)). Prepare reports with sufficient specificity to allow Ministers to respond as required.

Public sector and Ministers

Secretariat and resourcing: assign Public Service employees to the secretariat as required (s 47). When determining resourcing, the Minister must consult with each Local and State Voice and have regard to submissions before determining what the Minister regards as reasonable to carry out functions (s 48).
Meetings and engagement: schedule twice‑yearly meetings between the State Voice and Cabinet (s 43), Chief Executive briefings at least twice a year (s 45) and annual engagement hearings with joint presiding members and specified Ministers and Chief Executives (s 46). Provide transcripts of engagement hearings and publish them (s 46(4)).
Handling of State Voice material and FOI: treat State Voice material prepared for Cabinet as Cabinet submissions for FOI purposes (s 44). However, ensure that reports provided to Parliament are handled in accordance with s 41 and relevant parliamentary procedures.
Regulations and codes: when making regulations or codes under s 54, follow the required consultation with the State Voice and ensure any fees or fines are prescribed consistent with s 54(2)-(4). If incorporating external standards, make copies available for public inspection as required (s 54(5)).

Electoral Commissioner and returning officers

Publicity and conduct: as returning officer, conduct elections in accordance with Schedule 1 rules and prepare publicity of the election that addresses process, voting period, locations and voter eligibility (Schedule 1 cl 6(1)-(3)). Authorise electoral officials where necessary (cl 5(2)-(3)).
STV and counting rules: make rules for single transferable vote elections after consulting the State Voice and the Minister and ensure consistency, as far as practicable, with relevant Electoral Act provisions (Schedule 1 cl 13).
Criminal history checks: process consents to obtain a criminal history report by forwarding them to SA Police within 8 weeks and declare eligibility within eight weeks of close of nominations (Schedule 1 cl 8(5)-(7)).

General compliance fundamentals

Records and audit readiness: maintain accurate minutes, proper accounts and be prepared for annual audit by the Auditor‑General (ss 16(9), 18(1)-(2), 29(13), 35(1)-(2)).
Confidentiality management: observe s 51 strictures and the exceptions where authorised disclosure is permitted. Implement information handling policies aligned to statutory limits; unauthorised use or disclosure carries penalties up to $10,000.
Legal advice and risk management: obtain legal advice where matters implicate FOI, cabinet confidentiality, or potential removal procedures under ss 14 and 27; monitor subordinate instruments (regulations and returning officer rules) as they may significantly alter operational requirements (s 54; s 21(2)(b)(ii)).

Following these steps will address the principal statutory obligations created by the Act and reduce exposure to the administrative, financial and criminal sanctions the Act contemplates.

First Nations Voice Act 2023

Plain English Summary

Deep Dive

What it does

Current sections

First Nations Voice Act 2023

Source text: opening excerpt

1 First Nations Voice Act 2023

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply