Brendan O'Connor (Gorton, Australian Labor Party, Minister for Home Affairs) Share this | Hansard source

in reply—I am very pleased to sum up the debate on the Territories Law Reform Bill 2010. I thank all the members for their contribution, in particular the member for Canberra, who has a special interest—as do many in her electorate—in many of the citizens who reside on Norfolk Island; the member for Brand; and the member for Macquarie. The member for Macquarie is also my predecessor as Minister for Home Affairs and did a lot of the work to bring this bill to this place for realisation. I thank him for his good work in assisting the government with these very important reforms. I also thank the members for Stirling and Hinkler for their contributions to this debate.

I will address some of the issues raised by members. I am aware that the Norfolk Island government has concerns with this bill. I know so because I spoke with the Chief Minister when he was last in Canberra. I am also aware that these concerns, or some of these concerns, have been shared with members, including the members for Stirling and Hinkler.

The member for Stirling and the member for Hinkler have voiced the concern of the Norfolk Island government that this bill will erode Norfolk Island’s ability to self-govern. This is not the case. The proposed amendments to the Norfolk Island Act 1979 do not restrict the Norfolk Island Legislative Assembly’s almost unlimited power to ‘make laws for the peace, order and good government of the Territory’. The right of the Australian government to intervene in Norfolk Island legislation is an existing part of the island’s governance system. The amendments will extend this oversight to schedule 2 matters, as well as enabling the Commonwealth minister and the Governor-General to introduce legislation into the Norfolk Island Legislative Assembly. The need for this amendment can be linked to the number of additional matters transferred to the Norfolk Island government’s authority under schedule 2 since 1979. Many of the powers transferred are either not supported by legislation or are subject to inadequate legislation. The bill will enable the Australian government to carry out the checks and balances necessary to ensure that Norfolk Island legislation complies with Australian government policy objectives and Australia’s obligations under international law.

The member for Stirling and the member for Hinkler made remarks about the appointment of deputy administrators. On this matter, amendments allowing the minister to appoint the deputies of the Administrator of Norfolk Island are consistent with the power already provided to me as the responsible Commonwealth minister to appoint deputy administrators of Christmas Island and the Cocos (Keeling) Islands. The amendments allow for flexible and timely appointments to be made in the event that the Administrator is unable to perform one or all of the functions of the office. This is particularly important due to the remoteness of Norfolk Island. The amendments will enable essential functions of government to be performed quickly and efficiently. I further note that the position of Deputy Administrator is not intended to be a position involving remuneration.

The member for Stirling also expressed the concern of the Norfolk Island government about amendments authorising the appointment of a Commonwealth financial officer. The Commonwealth Financial Officer does not have any specific powers under the amendments proposed in the bill. The Commonwealth Financial Officer’s functions are required to be flexible and adaptable, to enable the best possible assistance to be provided to the Norfolk Island government and administration in implementing the bill.

On the issue of the Auditor-General’s appointment, the Australian government has agreed to fund the Commonwealth Auditor-General to provide financial statement audits for three years. Any further funding after this period will be subject to budget considerations. I note that the ACT and the Northern Territory have established their own auditors-general and do not receive funding for these positions. The member for Stirling and the member for Hinkler also raised the issue of Norfolk Island public servants reporting directly to Commonwealth ministers. None of the amendments proposed in the bill will affect the relationship between the Norfolk Island government and employees of the administration.

In terms of the issue raised about the Administrator’s role following the dissolution of the legislative assembly, amendments in the bill that provide for the Administrator to exercise certain powers in the event of the dissolution of the legislative assembly provide a practical and effective arrangement to ensure the continuity of business of government, including the provision of services to the Norfolk Island community. I note that the Administrator would be required to exercise these powers in accordance with any direction given by the Governor-General. The member for Stirling and the member for Hinkler have argued that the approach taken in the administrative law reforms to extend Commonwealth administrative law to Norfolk Island is too complex and that Norfolk Island lacks the capacity to implement such reforms.

Much has been made of the different approach which has been taken in relation to the ombudsman reforms. I agree that these reforms are a positive example of what can be achieved through cooperation between the Commonwealth and Norfolk Island. However, the approach taken in the ombudsman reforms should be distinguished from the remaining administrative reforms for a number of key reasons: firstly, there was an existing precedent for this approach as the Commonwealth Ombudsman already undertakes the role of ACT Ombudsman under ACT legislation; and, secondly, the Norfolk Island government introduced ombudsman legislation into the legislative assembly in 2009. The need for administrative law reform on Norfolk Island has been the subject of numerous parliamentary reports and recommendations since 1991. However, to date, the Norfolk Island government has failed to initiate any Norfolk Island legislation in the area of freedom of information or privacy.

The approach taken in the bill is specifically designed to take into account the ongoing concerns raised by the Norfolk Island government about resourcing and capacity constraints on the island. The existing Commonwealth legislation is adaptable to Norfolk Island and is currently applied across Commonwealth agencies of varying sizes, including those equivalent to the size of the Norfolk Island administration. The extension of Commonwealth administrative law mechanisms will enable the Norfolk Island government and community to access the Commonwealth’s expert knowledge, experience and resources. Funding has already been allocated to Commonwealth agencies to assist with the implementation of these reforms on Norfolk Island. The bill will ensure that the standards of administrative law enjoyed by Australians on the mainland are extended to Norfolk Islanders.

I would like to reiterate that the Territories Law Reform Bill 2010 implements important reforms to improve the governance of Norfolk Island and strengthen the accountability of the Norfolk Island government. The bill is not an attempt by the Commonwealth to remove the Norfolk Island government’s ability to govern the territory, nor is it an opportunistic attempt by the Commonwealth to take control of the territory. The bill is a first step towards ensuring high levels of transparency and accountability in Norfolk Island governance and financial management and administrative decision making. This is an important part of providing Norfolk Island with the tools necessary to ensure ongoing stability and to sustain strong and effective self-government pursuant to the Norfolk Island Act 1979.

The Australian government recognises Norfolk Island self-government as sought and granted to the Norfolk Island community in 1979. The Norfolk Island Act provides mechanisms to allow a degree of Commonwealth oversight of the Norfolk Island legislative process. This bill will further extend this oversight by introducing provisions that reaffirm the Commonwealth’s legislative authority. The Commonwealth authority is intended to be used as a last resort if the Norfolk Island government does not undertake action to ensure its legislation is consistent with the national interest and Australia’s international obligations.

Parts 1 and 2 of schedule 1 of the Territories Law Reform Bill make general governance and electoral amendments to the Norfolk Island Act. The bill proposes key governance reforms, including: prescribing a process for selecting and dismissing a Chief Minister and ministers, including a no-confidence motion process; allowing the Norfolk Island Administrator to access a greater range of advice when presented with bills for assent under schedule 2 of the Norfolk Island Act; and allowing the Governor-General and the minister responsible for territories to take a more active role in the introduction and passage of Norfolk Island legislation.

The bill also establishes the framework for the reform of the voting system for the Norfolk Island Legislative Assembly. The amendments will provide Norfolk Island residents with greater transparency in electoral processes and certainty about when elections are held. The bill establishes the foundations for such a process, which will be supplemented by regulations to be developed in consultation with Norfolk Island.

The bill will implement a new financial framework to ensure that the Norfolk Island administration and government are subject to a comparable level of scrutiny as the Commonwealth. The framework will assist the Norfolk Island government to meet the expectations of its community and to plan for the future. It will also enable the Commonwealth to track Norfolk Island’s financial progress to facilitate the provision of appropriate assistance and oversight.

The bill also amends administrative law legislation to strengthen the transparency and accountability of the Norfolk Island government and public sector. The amendments will extend the application of the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982 and the Privacy Act 1988 to Norfolk Island. In addition, amendments to the Ombudsman Act 1976 and the Norfolk Island Act will make the Commonwealth Ombudsman the ombudsman for Norfolk Island. These administrative law changes will ensure that Norfolk Island residents have access to the same rights enjoyed by other Australians.

Finally, the bill will amend the Christmas Island Act 1958 and the Cocos (Keeling) Islands Act 1955 to provide a vesting mechanism for powers and functions under Western Australian laws applied in the territories. This will ensure that powers under Western Australian laws applied in each territory are automatically vested in Western Australian officers where an agreement with the Commonwealth exists for them to act in the territories. The automatic vesting mechanism will lead to increased efficiency under service delivery agreements by enabling WA officials to have faster access to newly created powers. It will also reduce the administrative burden of maintaining the delegations for Christmas Island and the Cocos (Keeling) Islands, allowing resources to be applied to other valuable tasks.

The Joint Standing Committee on the National Capital and External Territories has completed an inquiry into this bill and tabled its report on 11 May. The committee supports the general provisions of the bill and recommends that it be passed by the Senate. The committee made four other recommendations. The first is the continuation of consultation with Norfolk Island in the development of regulations to support the bill. This process is already being undertaken through working groups established for that purpose. The second other recommendation is that the Commonwealth minimise delays in the scrutiny of Norfolk Island legislation as part of the assent process. The third other recommendation is that a review be undertaken of items in schedules 2 and 3 of the Norfolk Island Act. The government accepts these recommendations.

The final recommendation of the committee is that the amendments relating to elections be removed from the bill and reintroduced in 2011 following consultation with the Norfolk Island government and community. Changes to Norfolk Island’s electoral system have been recommended in a number of previous reports on Norfolk Island, including by the joint standing committee for the territories. While Norfolk Island has a degree of self-government, it is also part of Australia, and the Australian parliament retains ultimate responsibility for territory electoral matters. The proposed amendments recognise this Commonwealth responsibility. Under the commencement provisions of the Territories Law Reform Bill 2010, any electoral regulations will only take effect from the first meeting of the legislative assembly following the first general election after the bill receives royal assent, which is anticipated to be some time in 2013. Accordingly, the first election to be conducted under any new electoral voting system is expected to not occur until 2016.

The other legislative amendments relating to elections in part 2 of the bill provide for a minimum term of three years and a maximum of four years for the Norfolk Island Legislative Assembly and enable the Norfolk Island government to make arrangements with the Australian Electoral Commission to conduct general elections or fill casual vacancies. Consultations undertaken by the Attorney-General’s Department, in addition to submissions received by the committee inquiry, indicate a level of support from both the Norfolk Island government and community to these legislative changes.

The Australian government acknowledges the concerns raised by the committee in formulating the recommendations. I believe that these concerns can be addressed through retaining the provisions in the bill. To address the committee’s concerns, I will undertake not to introduce electoral regulations until after July 2011. The proposed timing will enable consultation with the Norfolk Island government and community and consideration of appropriate voting systems for Norfolk Island. I further propose to present to the committee the draft electoral regulations for their review and comment. This will introduce an additional measure of scrutiny to the regulations. Following my visit to Norfolk Island in December last year I stated:

The Australian Government wants to ensure Norfolk Island’s long-term sustainability and the effective delivery of government services to the Territory’s residents.

This bill allows the Australian government to assist the Norfolk Island government and community to create an equitable and sustainable future. These reforms represent the government’s ongoing commitment to fulfilling its obligations to provide the legislative frameworks for the future growth and sustainability of Australia’s territories. I thank the House for its support. I commend the bill to the House.

Question agreed to.

Bill read a second time.

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