House debates

Tuesday, 4 March 2014

Bills

Governor-General Amendment (Salary) Bill 2014; Second Reading

12:01 pm

Photo of Gary GrayGary Gray (Brand, Australian Labor Party, Shadow Minister for Resources) Share this | | Hansard source

Labor welcomes the appointment of Peter Cosgrove as the new Governor-General. General Peter Cosgrove has dedicated his entire adult life to serving his country, inspiring others by example and with his leadership. His leadership in a military context is well known. His leadership in our community is deeply understood. His leadership in areas of sport and endeavour brand General Cosgrove in a genuinely special light.

As commander of the international peacekeeping forces in East Timor at the turn of the last century, General Cosgrove helped bring independence and peace to a new nation and stability to our region in difficult times. The brief in East Timor was no easy brief. The brief in East Timor was carried out by General Cosgrove in an authoritative, gentle, tender Australian way, in a way that helped build a nation from the ashes of an invasion. General Cosgrove's contribution to our region as a leader is best understood through his role in East Timor.

As a former Chief of Army and Chief of the Defence Force, General Cosgrove represented the most remarkable qualities of our service personnel both at home and abroad. General Cosgrove continued his unwavering commitment to public service in leading the recovery effort in Far North Queensland following the devastation of Cyclone Larry in 2006. His willingness to be on-site, to be on the ground, to be visible, to speak up where required, to lead by example and to speak directly to all levels of government was not simply appreciated by the community of Far North Queensland. It set an example for how both good public administration and good people can serve our nation in times of need. It added to General Cosgrove an aura of concern, interest and capability for supporting the community that in many ways he had been a leader of his entire life.

I first became aware of General Cosgrove through the role that he played as a vociferous advocate for rugby union, through the Australian Rugby Union and through attempts to establish a licence for the Western Force rugby union franchise in Western Australia. In getting and understanding the particular culture of Western Australia in rugby union, General Cosgrove became not just a great advocate for a great global game but a great advocate for getting that game greater visibility in Western Australia. The great example of leadership, courage and thoughtfulness that comes out of that game is in many ways the hallmark of the general himself.

General Cosgrove was also recognised as a role model for others when he was named our Australian of the Year in 2001. To become Australian of the year is no mean feat. Not only does our nation look up to Australians of the year but our nation sees the Australian of the year as a great example in so many ways of the best of all of us. There is no way that we could not see General Cosgrove and his wife, Lynne, as being very simply that—a great embodiment of the very best of all that we in Australia look to, both in leadership and also in the men and women that we create in our country.

I would also like to recognise and thank Her Excellency Quentin Bryce for her dedicated service since her appointment as Governor-General in 2008. Ms Bryce is Australia's first female Governor-General and has brought a renewed sense of appreciation to this high office, in particular serving as a role model and mentor for Australian women.

I am familiar with many of the visits that the current Governor-General, Quentin Bryce, made to Western Australia through the north of Western Australia and through the Kimberley, and I am sure that, when our new Governor-General, General Cosgrove, makes those visits, he will do it in a lot more comfort than he is used to from his past and he will bring to Northern Australia the authoritative presence of a genuinely outstanding Australian. He and his wife, Lynne, will be welcomed wherever they go, and they will bring pride to communities who simply want to see and understand how our governor-generalship works, to provide the most wonderful level of hospitality to our new Governor-General and to provide insights into how regional Australia operates, how Northern Australia operates, how the Kimberley operates and how our mining communities operate.

This role is not simply a role cast in the narrow mould of a vice-regal representative. This role is the very embodiment of the spirit of government and good governance throughout our country. I look forward to seeing the new Governor-General travel throughout Australia and carry with him a message of goodwill, engagement and understanding, bringing back to us as decision-makers, parliamentarians and legislators the insight that he learns from his experience in this role.

Australia has been well served in the office of Governor-General over the 113 years of the office. We have been served by outstanding men and now women, and their generosity and willingness to serve in this role provides not only an important part of our Constitution's machinery of operation but also a non-political person who can stand above all else in Australia and be simply an Australian and a leader. We all like to see that. We all celebrate in that glow, and our country is made better for the people who fulfil this role.

I of course would like again to congratulate General Cosgrove and his wife, Lynne, on this momentous appointment and to thank outgoing Governor-General Bryce—and her husband, Michael, for the role that he has played in allowing the Governor-General to perform the work that she has performed in the interests of all Australians wherever required to do so. I commend the bill to the House.

12:10 pm

Photo of Steve IronsSteve Irons (Swan, Liberal Party) Share this | | Hansard source

I rise to speak on the Governor-General Amendment (Salary) Bill 2014 and thank the member for Brand for his words, for adding another Western Australian flavour to this place and for his commitment to the role of Governor-General. The bill amends the Governor-General Act 1974 to change the sum payable for the salary of the Governor-General. As I am sure you would be acutely aware, Madam Speaker, Section 3 of the Constitution specifies a salary of 10,000 pounds payable to the Governor-General until 'parliament otherwise provides'.

As the Parliamentary Library has documented, parliament did not legislate on the salary of governors-general until the 1974 act but since then salaries have been set for each incoming governor-general by an amendment to the act. Further to salary provision, the Constitution also provides guidance on the alteration of a salary during the term of a governor-general. As you will find in the explanatory memorandum, section 3 of the Constitution provides that the salary of the Governor-General shall not be altered during their continuance in office. This means it is necessary to consider this matter before our new Governor-General is sworn in on 28 March 2014, and I commend the Leader of the House for recognising this legislative requirement, taking carriage and personal responsibility for the legislation and introducing it to the House in a timely manner. The Leader of the House is obviously a scholar of the Constitution and was on top of the changes that would be needed to ensure the smooth transition between governors-general.

But I say to the Leader of the House that he is also showing courage in taking carriage of this legislation given the history of the issue of the Governor-General's salary in this parliament. The level of the salary and pension of governors-general does go back the constitutional convention of 1897 and has been of some interest to historians, including those in the Parliamentary Library. The research paper of the Parliamentary Library is of some interest, and I will relay to the House some of its contents. The Library notes that the sum of 10,000 pounds first appeared in the financial estimates produced at the 1897 constitutional convention. These estimates were circulated during the consideration of the draft constitution, and a salary of 10,000 pounds was ultimately included in the Commonwealth of Australia Constitution Act 1901 and then paid to our first Governor-General, Lord Hopetoun.

From early on in the history of the Commonwealth the Governor-General's salary has been supplemented—even if this was not straightforward at first. Australia's first Prime Minister, Edmund Barton, made it clear that he believed that the 1897 convention and the framers of the Constitution always intended to provide additional allowances to supplement the salary. However, the bill brought forward by Prime Minister Barton in May 1902, which provided for an additional 8,000 pounds per annum 'to assist in defraying the Governor-General's establishment', was not supported by the parliament and was never brought to a vote as a result. I am sure the Leader of the House has been conscious of this history in his drafting of the bill and will guide the legislation through successfully.

Instead of passing Barton's bill in 1902, the House provided a one-off payment of 10,000 pounds to Governor-General Hopetoun to defray personal expenses incurred during the landmark 1901 royal visit. It was a fiscally responsible decision of the parliament, but, according to the Governor-General's website, Hopetoun felt humiliated and resigned his commission. This incident made subsequent parliaments extremely reluctant to approach the issue of the vice-regal salary, and it was true for a while that many of the activities of the governors-general of Australia were funded privately by the governors-general themselves. This situation remained broadly the same until the Whitlam government introduced the Governor-General Act 1974 to increase the salary of the Rt Hon. Sir John Kerr, which I am sure was appreciated by Mr Kerr.

In putting forward the legislation, Prime Minister Whitlam's principle was that the Governor-General's salary should be dealt with in a non-partisan way. Since the 1974 bill was passed, the parliament has progressively updated the salary of the Governor-General. The Rt Hon. Sir Zelman Cowen received $37,000; the Rt Hon. Sir Ninian Stephen, $70,000; and the Hon. William Hayden, $95,000. The salary since 1982 has been linked informally to the Chief Justice's salary. Following Hayden, the Hon. Sir William Deane's salary was reduced to $58,000 to take into account the pension he received as a former Justice of the High Court. Major General the Hon. Michael Jeffrey followed this tradition by donating his military pension to charity. I note that the Governor-General designate, General Peter Cosgrove, has honourably followed the example of Deane and requested that regard be given to the Commonwealth funded military pension he will be entitled to receive during his term of office. The proposed salary of $425,000 per annum therefore takes into account General Cosgrove's military pension. Following Deane, it is worth noting there was a major leap in the salary provided—to $310,000—for the subsequent Governor-General. This was due to the amendment of the Income Tax Assessment Act 2001 to make Governor-General's salary subject to taxation. Previously it was tax free.

Contrary to the early days of the Commonwealth, the proposed salary in this legislation is not set by any member of parliament. The proposed salary increase in this legislation is recommended by the Remuneration Tribunal, a body independent of government. In line with past practice, the proposed salary was calculated with reference to the estimated average salary of the Chief Justice of the High Court of Australia over the notional five-year term of the appointment of the Governor-General. There will of course be a financial cost increasing the Governor-General's salary. The net financial impact of the new arrangements is unquantifiable as it is not possible to estimate the exact taxation liabilities, which will depend on the individual financial circumstances of the Governor-General—it will not be large.

There are two amendments required to the Governor-General Act 1974. Item 1 refers to section 3 of the Governor-General Act 1974. Section 3 of the Governor-General Act provides that the annual sum payable for the salary of the Governor-General shall be $394,000. Item 1 omits the annual sum of $394,000 and substitutes a new annual sum of $425,000. Item 2 is a transitional provision to ensure that the amendments do not apply during the continuance in office of the person holding office as Governor-General immediately before the commencement of this part.

I conclude by making some general remarks about the Governor-General designate, General Peter Cosgrove. I note General Cosgrove's distinguished military career and I am sure he will be taking a keen interest in the Centenary of Anzac celebrations next year. General Cosgrove's association with the military began as a cadet at Waverley College, during which time he was selected as the outstanding cadet to be sent to the Royal Military College Duntroon for a four-day visit. This must have provided some inspiration for General Cosgrove as he then entered RMC Duntroon in 1965, graduating as a lieutenant in 1968. This sparked an illustrious military career involving Army service postings in Malaysia, Vietnam, the UK, India and the USA. In 1999, he commanded the international force that secured peace in East Timor. General Cosgrove was widely praised for leading international forces in difficult circumstances without battle casualties to achieve a successful result. Indeed, the former President of East Timor, Jose Ramos-Horta, has described INTERFET as the first completely successful peacekeeping mission anywhere in the world, according to TheWeekend Australian.

In 2000, General Cosgrove was appointed Land Force Commander and then promoted to Chief of Army. In 2001, he was named Australian of the Year. In 2002, he was promoted to full General and made Chief of the Defence Force. As the Prime Minister said in his statement on the usually behind-the-scenes role of the Crown, it is 'to be consulted, to encourage and to warn'—as in Bagehot's phrase. We are certain that General Cosgrove will carry out his duties as the Queen's representative in Australia with vigour and integrity. I would like to thank the Parliamentary Library for their research on this issue and help with this speech. I commend the bill to the House.

12:19 pm

Photo of Gai BrodtmannGai Brodtmann (Canberra, Australian Labor Party, Shadow Parliamentary Secretary for Defence) Share this | | Hansard source

I would like to echo the views of the previous speakers on the incoming Governor-General. We are very much looking forward to seeing him out and about in Canberra. He has spent a lot of time here. His children were educated here. We are looking forward to welcoming him to Canberra and Yarralumla. I also echo the congratulations to the incoming Governor-General and acknowledge his distinguished career and his already significant contribution to the Australian community.

Since 1974, the Australian government has approved the salary for each incoming Governor-General through amendment of the Governor-General Act 1974. Section 3 of the Constitution provides that 'the salary of a Governor-General shall not be altered during his continuance in office'—an interesting term. So, before each new Governor-General begins their term, the parliament goes through this almost automatic process of approving their salary. While this amendment is almost a formality and neither political nor controversial, it is nonetheless noteworthy because it signals the end of one Governor-General's term and the beginning of another. So I would like to take this opportunity to pay tribute to our outgoing Governor-General, Her Excellency the Hon. Quentin Bryce AC, CVO.

It has not escaped my attention that, as the member for Canberra, I have the incredible good fortune to have the Governor-General as a resident in my electorate. Of course, Canberra is home to many truly exceptional people, including many of the staff of this place, but she has stood out. Quentin Alice Louise Bryce has spent her lifetime breaking glass ceilings. She has been a pioneer for women and an eternal advocate for those less fortunate. In 1968, she became the first woman to be a faculty member of the law school of the University of Queensland. In 1978, she was appointed to the newly established National Women's Advisory Council, taking on the role of convener in 1982. In 1984, she became the first director of the Queensland Women's Information Service under the umbrella of the Office of the Status of Women and was appointed as the women's representative on the National Committee on Discrimination in Employment and Occupation. In 1987, she became the Queensland director of the Human Rights and Equal Opportunity Commission. In 1988, she became the federal Sex Discrimination Commissioner—a position she served in for five years. In 2003, she became Governor of Queensland, only the second woman to occupy the position. And, of course, in 2008, she became our first female Governor-General.

While her support of marriage equality and of Australia one day becoming a republic has made headlines, her ongoing support of women in crisis throughout her time as Governor-General has, unfortunately, flown under the radar. I have been privileged to visit Canberra's women's refuges, rape crisis centres and housing complexes with her on more than one occasion, including the Canberra Rape Crisis Centre in my electorate in Holder and Lady Heydon House. The compassion and understanding she showed to the women involved in these services was overwhelming.

To the women in need of housing she provided comfort and support. To the women running the refuges she provided empathy and guidance, sharing her own experience of having set up and run refuges on the smell of an oily rag. During a recent visit to the Canberra Rape Crisis Centre, the Governor-General spoke about the fact that when she was involved in rape crisis centres in the 1970s, setting them up with no money—and we were in a brand-new Canberra facility, beautifully painted and decorated where you could still smell the fresh paint—she talked about her sense of excitement when setting up a refuge when she got some second-hand carpet and manage to lay it in the refuge. She has experience from a very long time ago of working to enhance the experiences of women and also to provide, on the smell of an oily rag, comfort and support to women in their moment of need. The Governor-General is an exceptional woman.

To the women counselling traumatised rape victims she provided strength and appreciation of their commitment, and encouragement for what they are doing. I know that her visits to these services did not occur just in Canberra, that she has visited centres right throughout the country and even internationally. As Governor-General, she has continued to advocate for an end to violence against women—which she rightfully calls our national disgrace—and has provided inspirational support to Australians working hard to make this a reality.

Recent polling suggested that support for an Australian republic was at an all-time low, especially among young people, which was very disappointing for a republican like me. I am sure I am not the only person who wonders whether a contributing factor to the reversal of that trend has been the enormous respect so many Australians have for our current Governor-General. In Canberra, she has been warmly embraced by the community. Her presence at community events was both welcome and frequent. So, too, was her warm hospitality. She regularly opened the house and grounds of Government House to members of the community—recently, for the Canberra Symphony Orchestra concert. Unfortunately, we all sat in the rain, but it was a great night. On Government House open day she could frequently be seen talking to nature enthusiasts about the flora and fauna of the grounds or delighting with children as they explored the grand house. Canberra's community organisations and charities have enjoyed her patronage and unwavering support and I thank her that.

On behalf of Canberrans, I wish to say that it has been our absolute honour to have her as a resident of this city for the last five years. While I am sure she will now return to her beloved Queensland, she will forever be an honorary Canberran and we look forward to welcoming her back. Last year when Ms Bryce delivered the Boyer lecture, she said:

Across my life, I've been inspired by women's work and women's leadership.

Today I would like to say to the Governor-General that we have been inspired by your work and your leadership. Thank you for all you have done for this country, especially for its women, not only in your five years as Governor-General but also throughout your life and career.

12:26 pm

Photo of Jamie BriggsJamie Briggs (Mayo, Liberal Party, Assistant Minister for Infrastructure and Regional Development) Share this | | Hansard source

It is a great pleasure to sum up debate on the Governor-General Amendment (Salary) Bill 2014. As the minister for territories, can I add my congratulations to General Cosgrove on his appointment. He will make an outstanding Governor-General of our country. He is the perfect person to be appointed to high office and I concur with the earlier comments made by the member for Canberra, the member for Swan and the member for Brand. General Cosgrove will be a terrific addition to the national capital. We look forward to the celebrations at the end of March to highlight just how important this capital is for our country and for the institutions it represents. As the minister responsible, I look forward to the celebrations at that time. It will be the big year of celebrations with Prince William and the Duchess of Cambridge visiting Australia and attending on Anzac Day.

Thank you to all the members who have spoken on the Governor-General Amendment (Salary) Bill 2014. The purpose of the bill is to set an annual salary of $425,000 during General Peter Cosgrove's tenure as Governor-General. On 28 January 2014, the Prime Minister announced that Her Majesty the Queen had approved his recommendation to appoint General Peter Cosgrove AC, MC as our next Governor-General following the retirement of Her Excellency the Hon. Quentin Bryce AC. A former Australian of the Year, General Cosgrove has dedicated his life to serving and supporting the Australian community. General Cosgrove's compassion and commitment to Australia was displayed during his time as Chief, Australian Defence Force, and as chairman of the recovery task force that helped rebuild shattered communities following Cyclone Larry in Far North Queensland. The Prime Minister has said that he cannot think of a finer or more suitable person to serve as Governor-General than General Cosgrove.

Section 3 of the Constitution states:

The salary of a Governor-General shall not be altered during his continuance in office.

This means two things: firstly, that the Governor-General's salary is fixed and does not increase from year to year; secondly, that alterations to the Governor-General's salary must occur prior to the commencement of a new Governor-General. The Governor-General Act 1974 was passed in order to determine the Governor-General's allowances and salary. In order to alter the Governor-General's salary, an amendment to the act must be made.

It has been longstanding practice that the Governor-General's salary has been calculated with reference to the Chief Justice of the High Court's salary. The proposed salary has therefore been determined through forecasting and projected wage growth of the Chief Justice's salary over the next five years. The Governor-General's designate has requested that his salary take into consideration his Commonwealth funded superannuation from his previous service in the Australian Defence Force and be reduced by that amount. This is in line with a precedent established by His Excellency Sir William Deane in 1995 and Her Excellency Ms Bryce in 2008, both of whom were entitled to Commonwealth funded pensions through their previous work. The proposed salary of $425,000 per annum therefore takes into account General Cosgrove's military pension and has been calculated in relation to the Chief Justice's salary. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.