Andrew Leigh (Fenner, Australian Labor Party, Shadow Assistant Treasurer) Share this | Hansard source

It is appropriate that this debate should follow a debate recognising Australia's service men and women, because, when we speak about deaths overseas, we think about the many Australians who went overseas to serve their country and did not come home. We think too about the tragedy of September 11—the 15th anniversary was acknowledged yesterday—including Australians who were killed there, and events such as the Bali bombings. We think too about individual cases of deaths overseas. Talk of deaths overseas immediately brings to my mind Alex Hodgins, the son of Tony and Judy, who died in Mexico in 2010 and whose funeral packed one of our largest Canberra churches to overflowing.

The opposition supports the passage of the Registration of Deaths Abroad Amendment Bill 2016, which makes amendments to the Registration of Deaths Abroad Act 1984. The act itself provides that the Minister for Foreign Affairs shall appoint a registrar of deaths abroad. This registrar is responsible for the registration of deaths of Australian citizens, residents and other prescribed persons who die abroad on board Australian aircraft or ships or in other prescribed circumstances.

Before I turn to the detail of the amendments made by this bill, let me note that the opposition recognises the importance of the registration of deaths abroad regime. We know that the death of a loved one is a sad and distressing event in anyone's life. One of the main requirements for family members dealing with a bereavement is to obtain an appropriate certificate. Death certificates are important documents for a range of legal and administrative requirements that must be attended to following the death of a loved one.

Naturally, when an Australian dies overseas the stresses and difficulties for family members can be magnified. That is why it is important that the state and territory systems for the registrations of deaths are supplemented by the Commonwealth Registration of Deaths Abroad Act. When a death occurs abroad there can sometimes be problems in registering the death under the normal state or territory arrangements for a range of reasons. The Registration of Deaths Abroad Act ensures alternative arrangements are available where such problems arise and that is why it is important that we have this system for registering deaths that occur abroad.

We need to ensure that the system is operating efficiently and effectively because it helps people at a difficult time in their lives. The bill now before the chamber will assist in that regard by making a number of amendments to the principal act. The bill's main purpose is to correct an anomaly which has arisen under the Registration of Deaths Abroad Act. The amendments will validate the earlier appointment of the ACT registrar-general as the Registrar of Deaths Abroad and validate any registrations of deaths made under the existing act. In addition, the bill makes a number of other amendments to simplify and clarify the processes and requirements for registering deaths abroad. These amendments provide the Minister for Foreign Affairs with the flexibility to appoint any state or territory registrar of deaths as the Registrar of Deaths Abroad. They allow the Registrar of Deaths Abroad to register deaths that could have been registered under state or territory law where the relevant state or territory has provided notice that it will not register the death. And it will remove references to registering officers from the Registration of Deaths Abroad Act to ensure that only the Registrar of Deaths Abroad can register deaths under the act.

The opposition notes that the explanatory memorandum to the bill states that it has no financial implications for the Commonwealth or for the community. The explanatory memorandum also contains the relevant statement of compatibility with human rights which notes that the bill does not give rise to any relevant human rights concerns.

As I noted, the opposition is pleased to support this bill. We also point out that the bill was introduced to the last parliament in March this year and could have been passed much earlier had the Prime Minister not chosen to prorogue parliament for the purposes of an early election. This was one of several pieces of legislation where passage has been delayed as a result of this year's double dissolution election.

The anomalies in the registration of deaths abroad system, which this bill addresses, could and should have been resolved months ago in the last parliament. So we are pleased to support the bill, for the second time. But we do place on record today that the delay in securing passage of this bill is regrettable, is a direct consequence of the government's failure to manage its legislative program in the last parliament and the Prime Minister's decision to go to an early election. I commend the bill to the chamber.

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