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Attorney-General's Department
Attorney-General's Department
https://www.agd.sa.gov.au
(08) 8207 1555
(08) 8207 1555
First Nations Voice requirements
The First Nations Voice Act 2023 outlines the requirements for each Local First Nations Voice and the State First Nations Voice.
There is flexibility for each Local First Nations Voice to decide how it will engage with communities as well as the government agencies the State Voice wants to connect with and the matters they wish to engage on.
Some requirements will need to be met.
Learn more
Meetings
Behaviour and conduct
Removal from positions
Other bodies and initiatives
Resourcing
Reviews
Meetings
Each Local First Nations Voice, and the State First Nations Voice, meet at least 4 times, and at most 6 times a year. The Minister for Aboriginal Affairs can approve additional meetings as necessary.
The joint presiding members will Chair the meetings.
Meetings can happen remotely, and minutes must be kept for each meeting.
The State First Nations Voice must also convene an annual meeting of all the Local First Nations Voices.
Proxies
Local First Nations Voice representatives will not be able to nominate proxies for meetings, as a proxy must be a person who has been elected in the Voice process.
A member of the State First Nations Voice can appoint a member of their Local First Nations Voice to act as a proxy if the member is unable to attend a State First Nations Voice meeting. The proxy must be of the same gender as the State First Nations Voice member they are representing.
The First Nations Voice Act 2023 requires that the Voice will vote on decisions at meetings. It also outlines how deadlocks will be dealt with.
Behaviour and conduct of Voice members
As an elected body, First Nations Voice members are ultimately accountable to the community they represent. Candidates will need to show how they will best support their community when they campaign for election.
The State and Local First Nations Voice bodies should consider and represent the views of Aboriginal and Torres Strait Islander people in their regions and across the state.
A code of conduct may be developed by the Government, in consultation with the State First Nations Voice, which guides the behaviour and conduct expected of elected representatives.
This may specify certain requirements around acting honestly when performing functions and declaring any actual or potential conflicts of interest. Voice representatives must manage their conflicts of interest as required (i.e., stepping out of meetings or not voting on specific issues).
Removal from positions
A member of the Local State First Nations Voice or State First Nations Voice can be removed from their positions under certain circumstances, by the Governor of South Australia. This could be for/if:
- misconduct, or conduct that could bring the Voice into disrepute
- breach of, or non-compliance with, a condition of office
- failure to comply with a duty to act honestly or in accordance with a code of conduct (which may include failure to declare a conflict or perceived conflict of interest)
- the member has become bankrupt or has applied for insolvency
- they have failed to carry out their duties satisfactorily, because of mental or physical incapacity.
This can only happen when recommended by the State First Nations Voice. A written request to the State First Nations Voice by the Local First Nations Voice must also occur if it relates to removing a member from the Local First Nations Voice.
For a Local First Nations Voice to request this, the majority of members of the Local Voice must pass a resolution.
A member can also be automatically removed if the member:
- dies
- completes a term office and is not re-elected (Local Voice)
- resigns by written notice to the Governor
- is sentenced to serve a period of imprisonment for an offence
- is found guilty of a serious offence
- is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth
- is removed from office by the Governor under reasons referred above.
Other bodies and initiatives
The First Nations Voice to Parliament is not intended to replace the role of peak bodies or regional authorities including Native Title.
The Voice does not supersede the powers and functions of existing legislation (for example, Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 and Maralinga Tjarutja Land Rights Act 1984) or the remit of peak bodies or community-controlled organisations.
Resourcing
Voice candidates will receive an annual payment for service, along with meeting attendance fees (called ‘sitting fees’), and travel and accommodation costs will be covered to attend meetings.
The annual payment is in recognition of work that will likely occur outside of official Voice meetings.
The First Nations Voice will also be provided with:
- a Secretariat, consisting of Public Service Employees
- resources that the Voice would reasonably need to carry out its functions.
Specific details around resourcing will be decided by the Minister with the responsibility for funding decisions related to the Voice, in consultation with respective Local and State First Nations Voices.
Reviews
Aboriginal and Torres Strait Islander people told us the First Nations Voice should be flexible and be able to grow, adapt and improve over time.
The Act requires the First Nations Voice legislation be reviewed after 3 years of operation. This is an opportunity for Parliament and the Voice to consider how the Voice is operating and recommend any improvements.
The legislation requires that the Minister appoint a First Nations person or organisation to undertake the review, on the recommendation of the State First Nations Voice.
Attorney-General's Department
https://www.agd.sa.gov.au/first-nations-voice/requirements-and-responsibilities
Apr 29, 2024 5:42 am