Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

Labor supports the Investigation and Prosecution Measures Bill 2017. This bill has two purposes. First, schedule 1 of the bill amends the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004. These amendments are consequential on the restructuring of the Independent Commission Against Corruption of the state of New South Wales, which took place in 2016. Second, schedule 2 of the bill introduces amendments into the Director of Public Prosecutions Act to extend the functions, powers and duties of the Commonwealth Director of Public Prosecutions to cover the laws of Norfolk Island. These reforms are uncontroversial and welcome.

In 2016 the New South Wales parliament passed the Independent Commission Against Corruption Amendment Act 2016. The passage of this act allowed for the restructure of the New South Wales ICAC, including by introducing a new structure, which comprises a chief commissioner and two part-time commissioners, along with additional assistant commissioners if required. All these arrangements are now in force, with the necessary amendments to the Independent Commission Against Corruption Act 1988 having been made. It's a self-evident consequence of these new arrangements that there's a need for amendments to the relevant Commonwealth statutes, which allow for continued cooperation between jurisdictions. This bill, in relation to the Telecommunications Interception and Access Act 1979 and the Surveillance Devices Act 2004, maintains the correct references to the New South Wales ICAC. It's also, I can say in passing, a demonstration of this parliament maintaining direct control over which agencies are to be given access without warrants to telecommunications data rather than leaving this matter to regulations made by the Attorney-General.

As Deputy Speaker Hastie would know from his role as the Chair of the Parliamentary Joint Committee on Intelligence and Security, this was quite a vexed question when the data retention or access to retained data legislation was passed through the parliament. At the time that the legislation was passed, the number of agencies who had access to telecommunications data had reached a number somewhat over 80, and one of the recommendations made by the Parliamentary Joint Committee on Intelligence and Security, if the data-retention scheme was to go forward, was that not only should that number be very substantially reduced but that, in future, it was a matter to be dealt with by this parliament directly, rather than leaving it to be dealt with by the Attorney-General.

The government accepted that recommendation of the PJCIS, and that came into force. What we see here in this bill, in relation to the restructuring of the New South Wales ICAC, is a manifestation of exactly that recommendation and the form that the legislation now takes so that, in every case, even if it's simply a restructure of a particular state agency that is given access to data, it will nevertheless come to the parliament rather than being dealt with by regulation by the Attorney-General.

Just on the restructured New South Wales ICAC, it's well-known in this House that the now restructured New South Wales ICAC was established in 1988. Its principal function is to investigate alleged corruption at state and local government levels in New South Wales. It covers New South Wales parliamentarians, local councillors, public servants, staff of universities and employees of state-owned corporations. It's served the people of New South Wales well and, in doing so, has contributed to the maintenance of trust in public institutions in the state.

Everyone in this place, I would hope, would agree that Australians have a right to feel confident that their government, at the national level, is open, transparent and free from corruption. Corruption has no place in Australia at any level of government, and governments should do everything they can to prevent it. However, in recent years, following a number of scandals under the Abbott and Turnbull governments, there's been a diminution of public faith in our Commonwealth institutions. That's why a Shorten Labor government will establish a national integrity commission, a new federal anti-corruption body tasked with investigating allegations of serious corruption, stamping it out wherever it's found, and educating the community about public-sector integrity. Labor's national integrity commission will help to ensure the highest levels of public administration, and help to restore, I would hope, Australians' trust in politics and the public sector.

Every state and territory has now established, or is in the process of establishing, anti-corruption bodies. The New South Wales ICAC—which is the object of this legislation—has been operating now for three decades. I think all Australians agree that it's time we held our Commonwealth public officials to the same standard that state public officials and territory public officials are being held, and that we created a single broad based body to prevent corruption.

The Leader of the Opposition has already said that Labor is ready to join with the government, and any other interested party, to begin work on a national integrity commission straightaway. I reiterate that invitation now. I believe that good government means open and transparent government, and good government means that we govern with the trust of the people that we serve. I commend the bill to the House.

Gai Brodtmann (Canberra, Australian Labor Party, Shadow Assistant Minister for Cyber Security and Defence) Share this | Link to this | Hansard source

For many years, I've advocated for reform on Norfolk Island. As the island community's federal representative here in parliament, I've been active in ensuring the reform agenda is implemented. I have been a strong advocate for reform on Norfolk Island because I want equity for Norfolk Island, I want fairness for Norfolk Island and I want the human rights of everyone on Norfolk Island to be respected and ensured. That's why it's vitally important that we implement this reform agenda. It's vitally important that it's implemented by the federal government, that it's implemented by the New South Wales government and that it's implemented by the Norfolk Island Regional Council and, even to some extent, by the community.

The reform agenda is significant in both size and content. Overall, 115 different pieces of legislation were amended in 2015 to enable the changes necessary to ensure Norfolk Island citizens would receive the same treatment as mainland Australians when it comes to social services, education, protections and a range of other areas. A number of Australians don't know the fact that, until these reforms were introduced, until Norfolk Island began the steps to integrate into the Australian system, Norfolk Islanders didn't pay any tax, but they also didn't have a universal health system. Yes, they had a private health system, but it was very quirky and you had to spend quite a bit of money before you actually got any rebate. Yes, they had a pension system, but again it was kind of quirky and there was no equity in who got and didn't get it.

Fortunately, now, Norfolk Islanders are now integrated into the Australian system in many ways. There are still a number of steps that need to be taken to ensure complete integration. But they now receive PBS benefits. They now receive access to Medicare. They now receive the age pension. They now receive Newstart. They now receive the benefits that all Australians enjoy that, due to history and the changes that were made in the late-seventies, unfortunately Norfolk Islanders did not enjoy. They now enjoy those same opportunities and benefits that mainland Australians do.

These legislative changes that began in 2015 initially aligned Norfolk Island's laws with those of New South Wales as part of this integration process. The bill we're discussing today, the Investigation and Prosecution Measures Bill 2017, is another step in this reform agenda, another step towards greater equity on Norfolk Island, another step towards greater fairness on Norfolk Island and another step in ensuring the human rights of all those on Norfolk Island. The bill aligns the legal framework of Norfolk Island with the Commonwealth and expands the functions of the Commonwealth Director of Public Prosecutions in Norfolk Island. The bill should have far-reaching benefits for the community. In fact, the former Norfolk Island administrator, Gary Hardgrave, is on the record as saying he did a jig when he heard this was coming. The former administrator was a very, very strong advocate of protections and the alignment of legislative frameworks on Norfolk Island with the broader Commonwealth legislation. He was a very strong advocate of protections, particularly child protections. I recently caught up with the former administrator and we had lengthy conversations on the need for legislation of this nature and additional legislation to be introduced. When I contacted the former administrator about this bill, he said: 'The changes are welcomed by most on the island. It will remove any suggestions of corruption, as there have been suggestions and evidence of in the past. It strengthens the Norfolk Island judicial system, and the government should push hard to have the same legal framework on the island as exists in every other small town in the country.'

The bill will ensure the Australian Federal Police, Border Force and other national security agents are equipped to ensure the Norfolk Island community is safe and protected in the future. It will also help the Attorney-General's Department gain an insight into the current judicial system and laws on the island and come to grips with the need to implement comprehensive legislative reform as a matter of priority. This bill will no doubt lead—and it should lead—to a full legislative reform agenda being developed for Norfolk Island. Bringing independent and professional technical expertise into the area of prosecution will benefit island residents who now have every right to expect comparable service delivery and equal protection under the law. This bill gives us pause as we realise the reform agenda for Norfolk Island isn't complete yet, but I'm impressed with the extent of change that has happened on the island so far. Now everyone on the island has access to the PBS, Medicare and Centrelink services. There've been upgrades to the healthcare arrangements and the island is currently in its second year of tax reforms, so people are starting to get tax returns. Superannuation has been introduced. Whilst some significant steps have been made, there's still some way to go and there are still issues when it comes to childcare regulations and rebates.

The Commonwealth has an ongoing responsibility to the Australian citizens of Norfolk Island. I've mentioned those changes in areas that we, on the mainland, take for granted. I genuinely believe reform is having a beneficial impact on all Norfolk Islanders and will protect the human rights and welfare of all the residents through access to opportunity, equality, fairness and, with the implementation of this bill, justice. This amendment is an essential and welcome step in ensuring that a modern standard of service and protection is delivered to Norfolk Island. (Time expired)