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ABC News
ABC News
National
state political reporters Rory McClaren and Leah MacLennan

SA First Nations Voice set to pass with support from The Greens, but opposition seeks more detail

The SA government hopes laws to create a state-based Voice to Parliament will pass by Easter, but questions remain about how South Australia will be split up and geographically represented by the model.

Legislation to establish the mechanism for direct Aboriginal and Torres Strait Islander representation will be introduced to parliament on Thursday.

The bill is set to pass with support from The Greens in the Legislative Council.

Aboriginal Affairs Minister Kyam Maher said it was a "defining moment" for the state and he hoped to have the bill through Parliament before Easter in April.

If that happens, the Voice could be in place by the middle of the year — ahead of the referendum to create a federal body.

"For far too long, in the decades and centuries gone by, the laws of this state and the colony that proceeded it did so much to disenfranchise, disadvantage and discriminate against Aboriginal people," Mr Maher said.

"With this bill, we aim to start changing that.

"We want to use the laws of this state to make sure that Aboriginal peoples' voices are heard."

Premier Peter Malinauskas said developing the Voice had "not been an easy exercise".

"The degree of community consultation, particularly among our diverse Indigenous communities in this state, has been exhaustive and extensive," Mr Malinauskas said.

Model criticised by Kaurna elder

Unlike the federal Indigenous Voice to Parliament, the South Australian reform does not need to go to a referendum.

But there has not been universal support among Indigenous communities about consultation over the laws — Kaurna elder Tim Agius has argued the government consulted with a foregone conclusion in mind.

"They've already decided what the outcome will be and what it'll look like," Mr Agius told ABC News last month.

"But it [the government] hasn't properly engaged with us and validated what their thinking is."

In January, more than a dozen Aboriginal elders and leaders wrote to Mr Maher and First Nations Voice Commissioner Dale Agius stating they did not support the model and were "deeply concerned" about parts of the proposed Voice.

Their objections focused on particularly around what they described as a "failure to build into the model Native Title groups and leadership".

As a result of consultation, the government said it had made changes to its plans.

Specific committees to represent young people, elders, Native Title holders and members of the Stole Generations will be created to advise the Voice.

Provisions will be introduced to make sure the Voice does not impact Native Title agreements or other First Nations organisations.

But the Chief Executive of the South Australian Native Title Service, Keith Thomas, said those changes do not go far enough.

"It doesn't really recognise the important place that traditional owners have in Aboriginal culture and having that ability to speak for country, to speak for community and to speak for culture," he said.

"There's no other people out there who can do that, and this act completely disregards the importance of traditional owners engagement with Aboriginal people in South Australia."

Opposition calls for more detail

The Voice will be able to address either house of parliament in relations to any specific bill considered in its interest.

Mr Maher said the commissioner, Dale Agius, had run a six-month consultation process.

"I think it's most thorough consultation process that any government has ever done with the Aboriginal community in South Australia," Mr Maher said.

Aboriginal and Torres Strait Islander people who are enrolled to vote will be able to elect people from six different geographic areas of the state.

The final boundaries of those areas will be determined and recommended by a group of community leaders to be prescribed by regulations.

Mr Agius said the feedback which has been received indicated the boundaries needed to be aligned with Aboriginal South Australian nation groups.

"For them to align and build in parallel approaches with how they collectively work together as local regional bodies to present collective views," he said to come up with "resolutions and solutions" for communities.

A total of $10 million has been budgeted over the next four years to set up the Voice and provide ongoing funding for the body.

The premier said there was no reason for the opposition to not support the bill.

"I don't think it harms anyone," Mr Malinauskas said.

"It doesn't diminish anything, but it does put forward the opportunity for Aboriginal people to have a positive influence on the formulation of policy that affects them."

Opposition leader David Speirs wants to see more detail before backing the legislation.

"I haven't seen the legislation, very few people have," he said.

"The premier said it had been consulted on widely. That's not the case.

"I've got lots of communication in my inbox from Aboriginal people and communities expressing concern about this."

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