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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Commission of Inquiry on Electoral Reform
Bill 2014
A BILL FOR
An Act to provide for a Commission of Inquiry into electoral reform; to
provide evidentiary powers and immunities in connection with the inquiries; and
for other purposes.
Contents
1Short title
2Interpretation
3Term of reference of
Inquiry
4Constitution of
Inquiry
5Procedure
6Staff
7Powers of Inquiry in
respect of witnesses etc
8Obligation to give evidence
9Presentation of
report
10Protection to commissioners and
witnesses
Schedule 1—Appointment
committee
1Members of appointment committee
2Proceedings of appointment
committee
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Commission of Inquiry on Electoral Reform
Act 2014.
In this Act, unless the contrary intention appears—
appointment committee means the appointment committee
constituted under
Schedule 1;
commissioner means any person who is appointed as a
commissioner by the Governor under
section 4(2);
Inquiry means the commission of inquiry established under
this Act;
recognised coalition, in relation to a general election of
members of the House of Assembly, means a publicly announced, formal alliance
between 2 or more political parties endorsing candidates at the election or
between a political party endorsing candidates at the election
and 1 or more other candidates at the election.
3—Term
of reference of Inquiry
The term of reference of the Inquiry is to inquire into and report on
electoral reform that would ensure that the political party or recognised
coalition that receives the majority of the State-wide vote at a general
election of members of the House of Assembly is elected in sufficient numbers to
enable that party or coalition to form a government (whilst also ensuring that
the requirements of section 66 of the Constitution
Act 1934 are maintained).
(1) A commission of inquiry is established.
(2) The Inquiry is
to be constituted by 3 commissioners appointed by the Governor on the
recommendation of the appointment committee.
(3) An appointment made under
subsection (2)
will be on conditions determined by the appointment committee.
(4) If a person
appointed by the Governor is a Judge or former Judge within the meaning of the
Judges'
Pensions Act 1971 then the following provisions will apply in
relation to the person so appointed despite the provisions of that
Act:
(a) the person will, while holding office under this Act, be taken to be
in judicial service within the meaning of, and for the purposes of, the Judges'
Pensions Act 1971;
(b) if relevant, the person will be taken not to have retired or resigned
from judicial service for the purposes of the Judges'
Pensions Act 1971 until he or she completes his or her term of
office under this Act.
(5) The term of office of a commissioner under this Act will be determined
to have come to an end on a day fixed by the appointment committee by notice in
writing to the commissioner and to the Minister.
(6) A quorum of the Inquiry consists of 2 commissioners and all
questions will be determined according to the opinion of a majority of the
commissioners present at the sitting at which the question is to be
determined.
In conducting the Inquiry, the commissioners—
(a) will not be bound by any rules or practices as to procedure or
evidence, and may inform themselves in such a manner as they think fit;
and
(b) must seek to adopt procedures that will ensure wide consultation is
undertaken, in a cost-effective way, on matters relevant to the Inquiry;
and
(c) may sit at any time and in any place and may adjourn sittings from
time to time and from place to place; and
(d) may take evidence in public or in private; and
(e) may refer any matter to an expert for advice, investigation or report;
and
(f) may publish any information the commissioners think fit.
(1) The commissioners may employ such staff as the commissioners think
necessary for the proper conduct of the Inquiry.
(2) A person employed under this section is not a Public Service
employee.
(3) The commissioners may, under an arrangement established by the
Minister administering an administrative unit of the Public Service, make use of
the services or staff of that administrative unit.
7—Powers
of Inquiry in respect of witnesses etc
(1) A commissioner may issue a summons requiring a person to appear before
the Inquiry at a specified time and place to give evidence or to produce
evidentiary material (or both).
(2) A summons to produce evidentiary material may, instead of providing
for production of evidentiary material before the Inquiry, provide for
production of the evidentiary material in a manner specified in the
summons.
(3) A commissioner may administer an oath or affirmation to a person
appearing before the Inquiry.
(1) If a person refuses or fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by a
commissioner; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
the Supreme Court may, on application by a commissioner, compel the
attendance of the person before the Court to give evidence or to produce
evidentiary material for the purposes of the Inquiry.
(2) A person who, without reasonable excuse, refuses or
fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by a
commissioner; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
is guilty of an offence.
Maximum penalty: $10 000.
(1) The commissioners must complete the Inquiry, and prepare a report on
its outcome—
(a) before 1 July 2015; or
(b) if the commissioners determine, by notice in writing to the
appointment committee and to the Minister, that it is not reasonably practicable
to complete the Inquiry and report before 1 July 2015—as soon as
is reasonably practicable after that date.
(2) The report required under this section must be delivered to the
Governor.
(3) The Minister must cause a copy of the report to be laid before each
House of Parliament within 3 sitting days after the receipt of the report
by the Governor.
10—Protection
to commissioners and witnesses
(1) A commissioner has, in connection with the conduct of the Inquiry and
in respect of a report required under
section 9, the same
protection, privileges and immunities as a Judge of the Supreme Court.
(2) A person who appears before the Inquiry, or who provides evidentiary
material to the Inquiry, has the same protection, privileges and immunities as a
witness in proceedings before the Supreme Court.
(3) A legal practitioner who represents a person in connection with the
Inquiry has the same protection, privileges, immunities and obligations as
counsel involved in proceedings before the Supreme Court.
Schedule 1—Appointment
committee
1—Members
of appointment committee
The appointment committee is constituted of the following
members:
(a) 1 member of either House of Parliament nominated by the
Premier;
(b) 1 member of either House of Parliament nominated by the Leader of the
Opposition in the House of Assembly;
(c) the leader of the South Australian Greens in the Legislative Council
or another South Australian Greens Member of the Legislative Council nominated
by the leader of the South Australian Greens in the Legislative
Council;
(d) the leader of the South Australian Family First Party in the
Legislative Council or another South Australian Family First Party Member of the
Legislative Council nominated by the leader of the South Australian Family First
Party in the Legislative Council;
(e) the Hon John Darley MLC;
(f) the Hon Kelly Vincent MLC;
(g) the Hon Bob Such MP;
(h) the Hon Geoff Brock MP.
2—Proceedings
of appointment committee
(1) A quorum of the appointment committee consists of 6 members of
whom—
(a) 1 must be the member nominated by the Premier; and
(b) 1 must be the member nominated by the Leader of the Opposition in the
House of Assembly.
(2) A recommendation of the appointment committee is of no effect for the
purposes of
section 4 unless
the recommendation is supported by a majority of the members of the appointment
committee, including—
(a) the member nominated by the Premier; and
(b) the member nominated by the Leader of the Opposition in the House of
Assembly.