Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Act 2017
The 2017 Amendment Act was introduced into Parliament as a Bill on 10 May 2017. It passed the Legislative Council on 1 June 2017 and the House of Assembly on 20 June 2017. The 2017 Amendment Bill was assented to by His Excellency the Governor on 27 June 2017, and came into operation on 1 July 2017.
Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016
The 2016 Amendment Act was introduced into Parliament as a Bill on 22 June 2016. It passed the Legislative Council on 4 August 2016 and the House of Assembly on 20 September 2016. His Excellency the Governor assented to the 2016 Amendment Bill on 29 September 2016 and it was proclaimed on 1 December 2016. It came into operation on 1 January 2017, except for s.13, which commenced 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.
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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About the 2017 Amendment Act
The 2017 Amendment Act has continued the Minister’s power to suspend the APY Executive Board for any reason he or she thinks fit, for such period as deemed appropriate, and for this power to be on-going. Unless the Minister considers it inappropriate, the Minister should advise APY and the APY Executive Board of his or her intention to suspend the Board, at least 7 days prior to the suspension commencing. The APY Executive Board were consulted about the amendments.
About the 2016 Amendment Act
In 2013, the Minister for Aboriginal Affairs and Reconciliation commissioned an independent limited review of the APY Act. The purpose was to examine potential improvements to APY governance, including possible changes to the election and composition of the APY Executive Board.
The 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. The Review Panel convened 24 meetings between 2013 and 2014 and presented its report to the Minister in April 2014.
The report’s recommendations were the basis for the first draft 2016 Amendment Act. Consultation on the draft amendments occurred between December 2015 and May 2016. Twenty-two feedback sessions were held, including 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. Five written submissions were received.
The final 2016 Amendment Bill was informed by a combination of feedback from the consultations, the Review Panel’s recommendations and the Government’s policy approach.
The 2016 Amendment Act improves governance and administration within the APY Lands through its key reforms, which include:
- gender balance on the APY Executive Board
- 7 electorates whose composition creates a more even population spread
- Electoral Commissioner review of the seven electorates at least 3 months prior to each election to ensure a more even population spread on an ongoing basis
- an APY Executive Board of up to 14 members
- APY Executive Board member minimum eligibility criteria, thereby improving Board member respect and leadership
- greater certainty for election dates, ensuring elections are held between 1 May and 31 August every 3 years
- a panel of conciliators rather than a single conciliator, providing an improved process for their appointment and gender appropriate conciliators for Anangu aggrieved by a decision or action of the APY Executive Board
- greater consistency of eligibility criteria for APY statutory officers and APY Executive Board members
- a requirement that APY Executive Board members live in their electorate for the majority of their term in office (unless otherwise agreed by the Executive Board)
- eligibility criteria for Anangu voters through a voters roll, providing more certainty in election outcomes
- removing voting by marbles to facilitate more modern voting options for Anangu
- absentee voting for Anangu out of their home communities.
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 1981 (As amended by the 2016 Amendment Act)
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