Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016
The Amendment Act was introduced into Parliament as a Bill on 22 June 2016. It passed the Legislative Council on 4 August 2016 and, subsequently, was passed by the House of Assembly on 20 September 2016. The Amendment Bill was assented to by his Excellency the Governor on 29 September 2016. The Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016. was proclaimed by His Excellency the Governor on 1 December 2016, and came into operation on 1 January 2017, except for s.13 which will commence on 1 July 2017.
Following the changes to the Act, there was an APY Executive Board election on Wednesday 5 April 2017.
For the APY election results, refer to the Electoral Commission SA website.
There will be supplementary elections on 2 August 2017 for female candidates in the electorates of:
- Pukatja / Yunyarinyi / Anilalya / Turkey Bore
- Iwantja / Amuruna / Railway Bore / Witjintitja / Wallatina.
- 14 June 2017 Close of State Electoral Roll
- 23 June - 30 June 2017 Nomination period
- 12 July 2017 Candidates declared
- 2 August 2017 Election day 9.00am - 3.00pm (CST)
For further information, refer to the Electoral Commission SA.
APY Electorate Maps
Reference map of all the 7 APY electorates as defined in the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016
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Individual maps of each of the 7 APY electorates as defined in the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016
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Background to the Amendment Act
In 2013, the then Minister for Aboriginal Affairs and Reconciliation, the Hon. Ian Hunter MLC, commissioned an independent limited review of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (the APY Act). The purpose of the Review was to examine potential improvements to Anangu Pitjantjatjara Yankunytjatjara (APY) governance, including possible changes to the election and composition of the APY Executive Board.
An Independent Review Panel, chaired by the Hon Dr Robyn Layton AO QC, undertook extensive consultation with Anangu, which included eight visits to the APY Lands, convening 24 meetings between 2013 and 2014. The findings and recommendations from these meetings were presented in a report to the former Minister of Aboriginal Affairs and Reconciliation.
The Minister for Aboriginal Affairs and Reconciliation, the Hon. Kyam Maher MLC, used the report’s recommendations as the basis for drafting amendments to the APY Act.
About the Amendment Act
From December 2015 to May 2016, consultation on the draft amendments was undertaken and 22 feedback sessions were held, including sessions with the APY Executive Board, members of the APY Law and Culture Committee and Chairs of Community Councils. Consultation also occurred with government and non-government stakeholders, and five written submissions were received.
The development of the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Bill 2016 was informed by feedback from the consultations, the Review Panel’s recommendations and the Government’s policy approach.
In summary, this Amendment Act aims to improve governance and administration within the APY Lands through its key reforms, which:
- provide for gender balance on the APY Executive Board
- establish 7 electorates whose composition creates a more even population spread
- require the Electoral Commissioner to review the electorates at least 3 months prior to an election
- include criteria by which the Minister can suspend the Executive Board, which will become operational on 1 July 2017
- provide for an APY Executive Board of up to 14 members
- establish APY Executive Board member minimum eligibility criteria, thereby improving Board member respect and leadership
- provide greater certainty for election dates, ensuring elections are held between 1 May and 31 August every 3 years
- establish a panel of conciliators, thereby providing a more effective and transparent process for their appointment
- provide greater consistency of eligibility criteria for APY statutory officers and APY Executive Board members
- ensure that APY Executive Board members live in their electorate for the majority of their term in office
- establish eligibility criteria for Anangu voters through a Voters roll, providing more certainty in election outcomes
- remove voting by marbles to facilitate greater voting options for Anangu
- enable absentee voting for Anangu out of their home communities
- provide transitional provisions, including for the first election under the new Act.
These reforms will bring greater diversity, credibility and representation to the APY Executive Board, as well as improving APY administration and electoral processes.
Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 2016 (As amended by the 2016 Amendment Act)
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