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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Commission of Inquiry (Children in State Care) (Children
on APY Lands) Amendment Bill 2007
A BILL FOR
An Act to amend the Commission of Inquiry (Children in State Care)
Act 2004.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Commission of Inquiry (Children
in State Care) Act 2004
3 Amendment of long
title
4 Substitution of section 1—Short title
1 Short
title
5 Amendment of section 3—Interpretation
6 Insertion of
section 4A
4A Constitution of commission—children on APY
lands
7 Amendment of section 11—Completion of inquiry and
presentation of report
8 Amendment of heading to Schedule 1
9 Amendment of
Schedule 1
10 Insertion of Schedule 2
Schedule 2—Terms of reference—children on APY
lands
1 Interpretation
2 Terms of
reference
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Commission of Inquiry (Children in State
Care) (Children on APY Lands) Amendment Act 2007.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Commission of Inquiry (Children in State
Care) Act 2004
(1) Long title—after "children;" insert:
to provide for a Commission of Inquiry into the incidence of sexual
offences against children resident on the Anangu Pitjantjatjara
Yankunytjatjara lands;
(2) Long title—delete "the inquiry" and substitute:
the inquiries
4—Substitution of
section 1—Short title
Section 1—delete the section and substitute:
1—Short title
This Act may be cited as the Commission of Inquiry (Children in State
Care and Children on APY Lands) Act 2004.
5—Amendment of
section 3—Interpretation
(1) Section 3, definition of authorised person,
(b)—after "Inquiry" insert:
(including an Assistant Commissioner appointed under
section 4A)
(2) Section 3, definition of Commissioner—after
"section 4" insert:
(although see section 4A(4))
(3) Section 3, definition of Inquiry—delete
"commission" and substitute:
commissions
After section 4 insert:
4A—Constitution of commission—children on APY
lands
(1) A commission of inquiry is established with the terms of reference set
out in Schedule 2.
(2) The commission is to be constituted by the person appointed to
constitute the commission of inquiry under section 4.
(3) The Governor must appoint 2 Assistant Commissioners to assist in the
conduct of the commission, of whom—
(a) 1 must be male and the other female; and
(b) at least 1 must be of Aboriginal descent.
(4) An Assistant Commissioner may exercise the powers and perform the
functions of the Commissioner under this Act in accordance with an arrangement
entered into with the Commissioner and, to the extent that an Assistant
Commissioner does so, a reference in this Act to the Commissioner extends to the
Assistant Commissioner.
7—Amendment of
section 11—Completion of inquiry and presentation of
report
Section 11(1) to (3) (inclusive)—delete subsections (1) to (3) and
substitute:
(1) The Commissioner must complete each commission of inquiry, and prepare
a report on its outcome, before 31 December 2007 or such later date as
is nominated by the Governor by notice in the Gazette for completion of the
inquiry.
8—Amendment of
heading to Schedule 1
Heading to Schedule 1—delete the heading and substitute:
Schedule 1—Terms of reference—children in
State care
Schedule 1, clause 2—after subclause (4) insert:
(4a) The inquiry may relate to a matter that has been the subject of the
commission of inquiry under section 4A.
After Schedule 1 insert:
Schedule 2—Terms of reference—children on APY
lands
1—Interpretation
In this Schedule—
APY community means a community resident on the APY
Lands;
APY lands means the lands vested in Anangu
Pitjantjatjara Yankunyjatjara under the Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981;
child on the APY lands means a child who is a member of an
APY community and resident on the APY lands;
sexual abuse means conduct which would, if proven, constitute
a sexual offence.
2—Terms of reference
(1) The terms of reference are to inquire into the incidence of sexual
abuse of persons who, at the time of the abuse, were children on the APY
lands.
(2) The purposes of the inquiry are—
(a) to select APY communities to form the focus of the inquiry;
and
(b) to examine allegations of sexual abuse of children on the APY lands;
and
(c) to assess and report on the nature and extent of sexual abuse of
children on the APY lands; and
(d) to identify and report on the consequences of the abuse for the APY
communities; and
(e) to report on any measures that should be implemented—
(i) to prevent sexual abuse of children on the APY lands; and
(ii) to address the identified consequences of the abuse for the APY
communities,
(to the extent that these matters are not being addressed through existing
programs or initiatives).
(3) The inquiry is to relate (and only to relate) to sexual abuse
occurring before the commencement of this Schedule.
(4) The inquiry need not (but may, if relevant) relate to a matter that
has been the subject of the Review within the meaning of the Child Protection
Review (Powers and Immunities) Act 2002.
(5) The inquiry may relate to a matter that has been the subject of the
commission of inquiry under section 4.
(6) The person conducting the inquiry must not purport to make a finding
of criminal or civil liability.