13 November, 2025
The Hon. R.A. SIMMS (15:15): I seek leave to make a brief explanation before asking a question of the Deputy Premier and Attorney-General on the topic of a human rights charter for South Australia.
Leave granted.
The Hon. R.A. SIMMS: Several months ago, the Social Development Committee handed down a report that recommended that a Human Rights Act be implemented for South Australia, and the recommendation was supported by members of the committee from across the political spectrum. Since the report was handed down, what action has the Attorney-General taken in relation to the recommendations, and will the government consider moving for a human rights charter in South Australia?
The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:15): I thank the honourable member for his question and I do note his passion in this area, it is longstanding and well known. I note the work that was done by the Social Development Committee, the thorough investigation, the jurisdictional analysis that has been undertaken, and certainly I think the government appreciates the advice and the wisdom put forward by the report from the Social Development Committee.
I must say, though, we don't have a policy as a government in relation to an instrument or a charter or legislation in relation to a human rights instrument. That's not to say it's something we wouldn't consider in the future, but we don't have a policy in relation to it at the moment. I do note, and I think it was in the chamber in the other place during one of the events commemorating 50 years since decriminalisation of homosexuality in South Australia, I think the equal opportunity commissioner was asked a question during the course of that debate in relation to either a very similar question or one almost identical in relation to a human rights instrument.
I note the response that was given in relation to that question was about the possibility of a thorough review of the Equal Opportunities Act, and I think, without putting words into the commissioner's mouth, paraphrasing, I think it was, in the commissioner's view, more important to do that and that may be able to achieve some of the similar results that advocates for a human rights instrument or charter advocate for.
Certainly, if I am remembering correctly, there was something in the recent royal commission in relation to sexual, family and domestic violence that spoke towards our equal opportunity and discrimination framework. If I am remembering correctly, it's about 40 years since there was a thorough review of that, so that is something that we are considering as a government of its own volition, but in relation to a response to that royal commission, we will consider that in the future.
The Hon. R.A. SIMMS (15:18): Just to clarify by way of supplementary question: is the review of the Equal Opportunity Act something that the government would commission independently, or is that something that you are anticipating the commissioner will do themselves?
The Hon. K.J. MAHER (15:18): I thank the honourable member. That's a good question. I don't have an answer to that because we haven't formulated our response yet. It's not something that we have committed to doing. I did note, though, that that is one possibility of looking at this issue from, essentially, another lens and another way to go about some of the issues that are often raised in this area.