Update on APY Land Rights Act – The introduction of the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill 2016 into Parliament 

The Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill 2016 was introduced into the Legislative Council of the South Australia Parliament on 22nd June 2016.

The Bill was introduced to the Legislative Council by the Minister for Aboriginal Affairs and Reconciliation, the Hon. Kyam Maher MLC. Click here for the Hansard transcript of the first and second readings.

The version of the Bill that was introduced into Parliament is not the same version that was discussed during the 22 consultations with APY community council chairpersons, the APY Executive Board, the APY Law and Culture Committee and other organisations.

Suggestions and feedback from the consultations based on an earlier version of the draft legislation and Government’s subsequent policy discussions about the key issues were incorporated into the next version of the draft bill. However, the final version of the Bill that was introduced into Parliament looks different to the one that was discussed during the consultations. This final version of the Bill has not been taken back to communities and their organisations for their final consideration and approval. Communities were not aware of the changes that had been made to the Bill before it was introduced to Parliament.

Some of the main differences between the two versions of the Bill include the following:

   VERSION OF BILL DISCUSSED DURING          CONSULTATIONS     CHANGES IN VERSION OF BILL AS                  INTRODUCED TO PARLIAMENT 
 Director of Administration

 Change to the title, role and responsibilities of the  Director of Administration. The ‘Director of  Administration’ was to be called the ‘Director of  Anangu Engagement’. The reporting  requirements and responsibilities, such as  engaging with community councils were to be  changed.

   Director of Administration

  There is no reference to any changes being            made to the title, role or responsibilities of the        Director of Administration.

 Electoral roll

 Not mentioned

   Electoral roll

   Schedule 3. 6A introduces a new requirement –    the establishment of an electoral roll.

 Eligibility criteria for nominating for election

  In Schedule 3, clause 2.(7)(b) Electorates and       elections, a person was required to have lived in   a community/electorate for at least ONE month   immediately prior to the election

   Eligibility criteria for nominating for election

   Schedule 3 clause 6 Nominations for office of        member of the Executive Board indicates that a    person was required to have lived in the                community/electorate for at least THREE              months prior to nominating

 Method adopted for voting

 No change mentioned in draft bill.

 The 1981 Act states in Schedule 3 clause 8(2 –  4) that ‘voting will be conducted by use of voting  marbles places in receptacles each bearing the  name and the photograph of the candidate, and  the method of voting will be first past the post…’

   Method adopted for voting

   Schedule 3 clause 8(2) to (4) introduces a            change to the method adopted for voting. This      section in the 1981 Act is to be deleted i.e. it          removes voting by marbles. It also includes          points about the powers of the returning officer      and the location of polling places.

 Timing of the next election (after the Bill  becomes an Act)

 Schedule 1 – Transitional provisions (3)1(d) The  election must be held ‘within six months after the  commencement of this clause’ (i.e. after the Bill  becoming an Act).

   Timing of the next election (after the Bill            becomes an Act)

  Schedule 1 – Transitional provisions (3)1(e) the     election must be held ‘as soon as is reasonably     practicable after the commencement of this           clause’.

  Timeframe in which elections must be held

 Part 2 S. 9(6)(a) ‘ … must be conducted during  the period commencing on 1 May and ending on  30 July in the third year following the previous  election’

   Timeframe in which elections must be held

   Part 2 S. 9(6)(a) ‘ … must be conducted during      the period commencing on 1 May and ending on    31st August in the third year following the                previous election’

 The list of electorates

 Schedule 1 Transitional provisions (3)(1)(a)  includes a drafting note: ‘The constitution of the  electorates for the first election, and the method  of determining them, will be included following the  consultation process for the Bill.’

   The list of electorates

   Schedule 1 Transitional provisions (3)(1)(a) –        the electorates for the election will be:

  1.    the community groups of Pipalyatjara and        Kalka;

  2.    the community groups of Kanypi, Nyapari,      Angatja and Watarru;

  3.    the community groups of Amata and                Tjurma;

  4.    the community groups of Kaltjiti, Irintata and    Watinuma;

  5.    the community groups of Pukatja,                    Yunyarinyi, Anilalya and Turkey Bore;

  6.    the community group of Mimili;

  7.    the community groups of Iwantja, Amuruna,    Railway Bore, Witjintitja and Wallatinna.

  Inclusion of definition of serious offences

  Part 2 Section 9D includes a detailed definition       of ‘serious offences’

   Inclusion of definition of serious offences

   Part 2 S 4(1) includes a detailed definition of the    meaning of ‘serious offences, and includes            additional clauses not included in the previous        draft Bill.

 

For more background information about the process of the Review of the APY Land Rights Act and a link to the first version of the Bill that was used during the consultation process, click here.

 

 

 

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