James Stevens (Sturt, Liberal Party) Share this | Link to this | Hansard source

Indeed, the COAG Legislation Amendment Bill 2023 was brought before the last parliament largely by the previous government. Maybe everyone recalls that the bill didn't pass the parliament and that the opposition at the time had an issue with it regarding the FOI exemptions to the National Cabinet process. We now find the new government bringing almost the exact same bill back, but, indeed, this bill doesn't have the protections for deliberations by National Cabinet from that process. What is said in opposition must be honoured in government, indeed. We hold that view, at least on this side of the House, in all matters. The government is seen to be honouring something that perhaps, now they're in government, they might regret having set such an unnecessarily significant precedent for while in opposition. I do believe very strongly that cabinet processes and indeed the National Cabinet should benefit from that frank ability to communicate without absolutely everything that goes before cabinet being subject to public disclosure. It's fundamental to the Westminster system, to be honest. The National Cabinet is almost exclusively a Labor gathering now, so I don't necessarily indicate an issue with them honouring what they said in the last term in that regard. Nonetheless, that is the position that is advanced in this bill and the only difference in this bill from the bill that came before the last parliament.

I just want to add something quickly and briefly on our federation. Frankly, because we're talking about the way our governments work together, this is an opportunity. I think most people would agree that, if anyone in another country want to understand how our federation works and what levels of government does what, the last thing they should do is read the Australian Constitution. If you did that and you saw what the responsibilities of the federal government and the state governments are, it would bear no resemblance to the reality of what happens. That's because, effectively, as a Commonwealth government, we have enormous revenue-raising capabilities and, slowly but surely, over the decades, it has become the reality that areas that used to be the exclusive responsibility of states now very much are partnerships between the federal government and state governments. I'm not criticising that; I'm just pointing it out.

There is perhaps an efficiency question around the way in which the federal government and state governments deliver services together and whether that is or isn't ideal. It wasn't until the early 1960s, for example, that there was a federal education minister. I think John Gorton, in the Menzies government, was the first education minister. It was certainly that government that stepped in in a significant way to the Commonwealth funding private school education, which I strongly support us doing. If you look at the early cabinets of federal government, they were small and they didn't have anywhere near the sorts of portfolios that we now have. Again, without criticising, I'd like to make the point that there are enormous non-party political, non-partisan opportunities for reform. Having worked in state government and federal government, I certainly would be a willing and eager supporter of ways to make the way we deliver government a little cleaner and a little more efficient. Certainly, governments need to talk to each other and work together on a whole range of things, and this bill is essentially about a new framework for that and about making some small changes to facilitate it around other legislation et cetera.

I'd just briefly make the point that I think we should consider federation reform as something that is a significant opportunity and something that is possibly a way in which both sides of politics could work together. It so happens that the Labor Party—good luck to them!—are in government almost everywhere at the moment, and I wish that wasn't the case and hope it not to be the case at every opportunity we have to change governments from red to blue at state and federal elections. The reality is that over the decades about 50 per cent of the time one side will be in government and, likewise, 50 per cent of the time the other, no matter what jurisdiction you're in, if our democracy is functioning as well as it should. Having our different levels of government working in a more efficient way and perhaps reconsidering some of the duplication that we have is, I think, worthy of reform. It won't happen through partisan political fights, and I'm not advocating for that or seeking that, but I do think we should reflect on opportunities that are there for us to have some agreement around whether or not parts of how the federal government interacts with state and territory governments could be more efficient and reflect on the way in which major reforms could achieve significant impact in efficient service delivery, which we all surely want to see.

With those comments, I just reconfirm the position of the opposition. We're looking for this to go to a Senate inquiry to reflect on some elements of the bill. We have no issue with it passing through this chamber and may not, depending on the outcome of a Senate inquiry, have any issues or any changes to suggest. With that, I commend the second reading to the House.

Patrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

In summing up this debate, I want to thank members who chose to contribute to this very important discussion about the future of our federation. As I do, I note the sentiments of the opposition speaker before me, who did very wisely note that some of these things don't need partisanship. Indeed, they need us all to vote together. In that spirit, I hope that those opposite will vote for and support this bill, just as they did when they were in government.

In summary, the COAG Legislation Amendment Bill 2023 seeks to update outdated references to the Council of Australian Governments, which is loved and known in Canberra and beyond as COAG in various acts and pieces of legislation. It does so to reflect the new and practical reality of the architecture for federal-state relations. Australia federated for a better future for our people, and the federal system has been the backbone to critical services such as education, health care and environmental protection. Over our history, as many have noted, COAG has changed. It was key for intergovernmental cooperation for 28 years, then on 13 March 2020 National Cabinet was established, initially in response to the need for enhanced collaboration between the Commonwealth and the states on the COVID-19 pandemic. Now, this bill seeks to prepare the federation for the future.

It reflects the cessation of COAG in legislation as recommended by the 2020 Review of COAG Councils and Ministerial Forums led by Mr Peter Conran AM. It will also avoid future amendments to legislation as names of various ministerial forums change. The bill will rename the COAG Reform Fund as the Federation Reform Fund and reflect this updated title in other legislation where it occurs. The bill replaces references to COAG with the more general term 'First Ministers' Council' where it does occur in legislation. That ensures that the decisions of first ministers will stand, regardless of the forum or the nature of its name.

This bill also reflects the establishment of a new architecture of federal-state relations by updating the language around ministerial councils and forums. This bill will insert a new definition of 'ministerial council' to ensure consistency across legislation. This will avoid the need for further legislative amendments if the names of the ministerial forums change. Following this bill's passage through the Commonwealth parliament, states and territories will look to adopt necessary measures through their own legislation. This bill backs the federation and ensures we are best placed to meet our shared challenges for the future.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.