Title: Commission of Inquiry (Children in State Care) (Children on APYLands) Amendment Bill 2007
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: ha8

House of Assembly—No 8
As laid on the table and read a first time, 30 May 2007

Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill 2007

Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill 2007
Part 1—Preliminary

Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill 2007
Preliminary—Part 1

Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill 2007
Part 2—Amendment of Commission of Inquiry (Children in State Care) Act 2004

Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Bill 2007
Amendment of Commission of Inquiry (Children in State Care) Act 2004—Part 2

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:
Part 1—Preliminary
1—Short title
This Act may be cited as the Commission of Inquiry (Children in State Care) (Children on APY Lands) Amendment Act 2007.
2—Amendment provisions
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
3—Amendment of long title
	(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
6—Insertion of section 4A
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
9—Amendment of Schedule 1
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.
10—Insertion of Schedule 2
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.

HA GP 025-B OPC 55