Gary Gray (Brand, Australian Labor Party, Parliamentary Secretary for Western and Northern Australia) Share this | Hansard source

I rise to speak in favour of the Territories Law Reform Bill 2010

Norfolk Island has had self-government since the introduction of the Norfolk Island Act by the Fraser government in 1979. It is the only self-governing Australian external territory. The island does not rely on Commonwealth funding; however, funding from the Commonwealth government does provide crucial assistance and support. It has to be said that in the recent past the island has been suffering financially. The global financial crisis has been particularly unkind to those places where tourism is the main source of economic activity. The Territories Law Reform Bill 2010 will make much needed changes to the Norfolk Island system of self-government. The amendments will provide major changes to the governance, electoral and financial systems of Norfolk Island.

It is the duty of this House to strengthen the Norfolk Island system of government to benefit the residents. We must make sure that the Norfolk Island government is accountable to the community and residents have access to fundamental rights. Natural justice would require that this extend to the right of administrative appeal. So there are significant benefits for the people of Norfolk Island in this legislation. We will make sure the Norfolk Island government is accountable by extending the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982, the Ombudsman Act 1967 and the Privacy Act 1988.

The Norfolk Island reforms were first announced by the Australian government a year ago in May 2009. The House would be aware that the future of Norfolk Island has been the subject of many Joint Standing Committee on the National Capital and External Territories reports, discussions and the topic of widespread media reports. It is now time to act on those reports and recommendations. A joint standing committee suggests that the Norfolk Island system of governance be changed.

The Territories Law Reform Bill 2010 will action some of the recommendations from the report of the 2003 inquiry by the Joint Standing Committee on the National Capital and External Territories into governance on Norfolk Island. That report recommended Norfolk Island enacts the following democratic principles: greater public accountability through access to the Commonwealth Ombudsman; better regulatory framework of privacy arrangements; and a common-law approach to rights and entitlements. As it stands today, the Norfolk Island government has an informal means for good governance and, quite frankly, it is not enough when it comes to the fundamental rights and responsibilities of the Norfolk Island community. The report stated:

… the absence of formal and effective mechanisms of accountability and transparency, seriously undermine the quality of governance on the Island.

The report goes on to recommend reforms to the Norfolk Island electoral system; a better financial management framework, including audits; the introduction of administrative law such as in Australia; and the incorporation of designations of Chief Minister and ministers. I have been informed that the Norfolk Island government agrees that local residents should enjoy the same rights to personal privacy, access to the Ombudsman, appeal rights and freedom of information as mainland Australians. However the Norfolk Island government would argue that some of the processes that are connected to these basic rights are resource intensive and can be time consuming. It has been raised with me that the government of Norfolk Island is concerned that it does not have the resources to implement these Australian models in their entirety. However, these reforms are essential and I am confident that any issues can be worked through appropriately by the Norfolk Island government and the Commonwealth government.

I will now outline the reforms in more detail. Schedule 1 of the Territories Law Reform Bill will make significant changes to the Norfolk Island Act. Through changes to the general governance and electoral amendments, the bill will establish a no-confidence motion process for the Chief Minister; put in place a proper process for selecting and dismissing ministers and chief ministers; permit the Administrator of Norfolk Island to access advice when presented with bills for assent under schedule 2; and, allow the Governor-General and the minister responsible for the territories to take a more active role in the Norfolk Island legislation.

The bill will also reform the voting system. By simplifying and modernising the electoral process, the bill will allow more Norfolk Island residents to participate in the democratic process. This will mean fewer people will drop out of the system. The Norfolk Island Chief Minister will enter into arrangements with the Australian Electoral Commission to conduct general elections. This will mean Norfolk Island residents will have an independent third party conduct their elections to ensure greater certainty and transparency. The integrity of the electoral process is at the heart of our political system and it is only right that Norfolk Island residents have access to the same safeguards as mainland Australians. That is democracy. It makes sense. Electors trust us to create a process which is as easy as possible. Complexity creates confusion.

I am informed that the Norfolk Island government has some concerns over schedule 2 of the Territories Reform Bill 2010. I will outline some of their concerns. Today, the Norfolk Island system of governance means the Commonwealth appointed Administrator is bound to take the advice of the Executive Council to ensure local laws are passed quickly. The reforms will see the responsible Commonwealth minister seek and provide advice, and if any conflict arises the minister’s advice will prevail. The Norfolk Island government is concerned the Commonwealth will be able to veto local solutions to local problems. It should be acknowledged that the Norfolk Island government are concerned about the implications of the bill on their ability to self-govern. The Commonwealth government’s rationale is to put in place proper processes for responsible government. I encourage the Minister for Home Affairs to continue the conversation with the Norfolk Island government to allay their concerns.

I will now move to the implementation of a financial management framework. Schedule 1 of the Territories Law Reform Bill 2010 will establish a financial framework which is responsible and accountable. By ensuring there is proper process for financial management, the bill will help Norfolk Island to be financially sustainable into the future. The reform will include a process for annual reports, budgets and framework in line with the unique requirements of Norfolk Island. In line with my earlier comments, we will support Norfolk Island to achieve a responsible fiscal framework in line with Australian regulations. The reforms will provide the Norfolk Island government with the mechanisms to conduct their general business with transparency. The bill will provide the Auditor-General with the power to conduct audits on the island’s financial statements to maintain integrity within the island’s financial system.

Finally, the Territories Law Reform Bill will bring Norfolk Island in line with Australia’s administrative law procedure. Essentially, Australian residents living on Norfolk Island will have the same rights and services available to them as if they were living in Australia. Part 4 of the bill will mean decisions made by the Norfolk Island government can be reviewed by the Administrative Appeals Tribunal. Part 5 of the bill will amend the Freedom of Information Act. It will provide residents with the fundamental right to access documents held by the public sector and to ask for personal information if the information is incorrect or misleading.

In addition, part 6 of the bill will mean the Commonwealth Ombudsman can act as the Norfolk Island Ombudsman and provide independent dispute resolution. As already mentioned, I understand that there has been a great deal of consultation with the Norfolk Island government to make sure the Ombudsman procedures will suit the island. It is absolutely essential that we get this right, and consultation with the Norfolk Island government will ensure this.

Part 7 of the bill will amend the Privacy Act so that it applies to Norfolk Island in the same way that it applies to Australian government agencies in Australia. We will ensure that Australian government agencies play an ongoing role to educate and support the Norfolk Island community and public sector.

The Territories Law Reform Bill will reform the way Norfolk Island is governed. I understand concern has been raised about the reforms hindering the island’s ability to self-govern. It is the opinion of the government that this bill will strengthen Norfolk Island’s legislative ability to act as a sovereign island, by formalising its self-government practices. The bill will focus on transparency and accountability in Norfolk Island governance, establish financial frameworks and an administrative decision-making process. It is absolutely essential that the same rights to information and appeal apply to Australian residents living on Norfolk Island. The reforms will provide Norfolk Island with the tools to ensure ongoing stability and effective self-government under the Norfolk Island Act.

These reforms are, quite simply, the right thing to do. These reforms will provide a legislative framework for the future growth and sustainability of Australian territories. I commend the bill to the House.

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