Anne Ruston (SA, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | Hansard source

This bill was initially introduced to the House of Representatives on to March 2016 and was passed by the House on 16 March 2016. The second reading speech was moved in the Senate on 16 March but lapsed on the dissolution of the parliament on 9 May 2016.

About 1,300 Australians die overseas each year. In most cases, the deaths are registered in the country where the death occurred. However, a number of recent international crises such as the disappearance of MH 370 have demonstrated that in modern society the registrar-general needs to be able to respond to requests for registering a death that may have been derived from previously unforeseen circumstances. State legislation has proved to be too restrictive to allow the registration of a death, for example, where someone has lived overseas for an extended period and cannot demonstrate a link to any state or territory. As a result, the death of approximately 10 Australians were unable to be registered states and territories in 2015.

The key elements of the bill include: broadening the scope of those persons whom the foreign minister may appoint to act as registrar of deaths abroad, providing the registrar with broader discretion to register overseas deaths of persons who have some connection with Australia, providing the registrar discretion relating to the procedural administration of the act and removing redundant provisions. More specifically, the amendments will remove references to the Public Service Act 1999 to rectify a recently identified anomaly created by the separation of the Australia Capital Territory from the Commonwealth in 1994.

Currently the act provides that the foreign minister may appoint a person who is engaged under the Commonwealth Public Service Act 1999 to act as a registrar of deaths abroad. The foreign minister, in 1984, formally appointed the registered general of the ACT has the register of deaths abroad. In 1994, when the ACT separated from the Commonwealth, the ACT government enacted the Public Sector Management Act 1994. At that time, all ACT government employees were moved to be employed under this act including the ACT Registrar-General, removing the ACT Registrar-General authority to register overseas deaths. The ACT Registrar-General ceased registering overseas deaths under the act in 2015. It also removes redundant provisions that allow for persons holding of performing duties in a country or place outside Australia to register overseas deaths. This is done by amending the definition of registered officers to remove reference to a person holding or performing the duties—

Proceedings suspended from 18:30 to 19:30

This bill also seeks to amend the definition of registered officers to remove reference to a person holding or performing the duties of a consular or diplomatic officer in an overseas mission. It also, in practice, allows Australian consular and diplomatic officers that have not registered deaths overseas for several decades to begin practice.

It also broadens the authority of the foreign minister to determine who may act as registrar, where the register will be kept and the provisions relating to the procedural administration of the act, such as the form and method of registration and official stamps. It seeks to do so through amendments to the act that will continue to provide the foreign minister with the authority to appoint the ACT Registrar-General as the Registrar of Deaths Abroad. However, it will also allow the foreign minister, when required, scope to appoint any other state or territory registrar-general to perform the role of Registrar of Deaths Abroad.

It will also broaden the legislation's scope to address previously unforeseen circumstances. It will allow the Registrar of Deaths Abroad to register any overseas deaths that could have been registered under the law of a state or territory where the state or territory concerned has provided notice that they will not register a death. For example, where an Australian national has died on a vessel not travelling to or from Australia and where another country will not register the death, such as in the case of MH370; where there was a dispute as to which country should be the issuing authority for the death certificate; or where the Australian has moved out of the country for an extended period of time and cannot demonstrate a connection to an Australian state for a death to be registered.

Under the existing legislation, delays can occur in registering deaths overseas in circumstances that were unforeseen at the time the legislation was drafted. This can unnecessarily add to the suffering of the deceased's relatives. The amendments should simplify and expedite the process of registering deaths abroad. Under current arrangements, applicants can remain in a procedural limbo as they negotiate with state or territory registrars to register an overseas death.

The passage of this legislation will not result in any additional cost to the community or to the Commonwealth. In consultation with the Office of Best Practice Regulation, a regulation impact statement is not required because the measures are of minor policy significance and will not impose a regulatory burden on individuals, businesses or community organisations.

Australia's consular officials work in very difficult and emotionally trying circumstances. We all remember their tireless work in the days and weeks following the shooting down of Malaysia Airlines flight MH17 over Ukraine on 17 July 2014. This act of senseless violence killed all 298 passengers and crew on board, including 38 people who called Australia home. The government launched Operation Bring Them Home to secure, identify and repatriate the remains of the victims, to investigate the cause of the incident and to hold those responsible to account. Over 500 Australian officials, including police, military, diplomatic and consular personnel, were deployed to Ukraine and the Netherlands to support our operation. Australia's consular response included establishing a 24-hour crisis centre that continued for 68 eight-hour shifts involving 115 staff. It also established a six-member MH17 task force that produced 70 briefs for the government, 55 situation reports and 20 briefings to the National Security Committee of Cabinet.

The Minister for Foreign Affairs stated at the time:

The work of the dedicated consular case officers assigned to each MH17 family, perhaps the most difficult of all assignments, deserves the highest praise. Having spoken to the families of the victims, I know how heartbreaking this work must have been. So I thank everyone in my department involved in bringing home the Australian victims—and I know their work is ongoing—on behalf of the families and the Australian people. They have served our country with distinction.

I also associate myself with the foreign minister's remarks. As a minister and a senator for South Australia, not a week goes by where my office is not contacted by an Australian citizen who has experienced difficulty while travelling or working overseas. The support of Australia's consular officials at these times has been second to none.

With more Australians travelling overseas than ever before, the demand on our consular officials is growing. In 2014-15, Australians took over 9.7 million trips overseas, up from 9.5 million in 2013-14 and 8.9 million in 2012-13. The Department of Foreign Affairs and Trade managed nearly 16,000 consular cases in 2014-15—a nine per cent increase on the previous year. Of the approximately 1,300 Australian deaths that occur overseas every year, the majority are from natural causes. An increasing number are due to accidents or murder, however. In recent years we have also had to deal with natural disasters like earthquakes in Nepal and tropical cyclones in the Philippines. Each of these crises has presented a unique challenge to the government and Australia's dedicated consular officials. In the case of the Nepal earthquake, 12 consular officers were deployed to provide assistance to Australians in Kathmandu and surrounding regions.

The Australian government is committed to ensuring the welfare of Australians travelling or working overseas. The Australian government has expanded our diplomatic network to increase market access for Australian businesses, strengthen our national security and, importantly, enhance our ability to provide consular assistance to Australians travelling and working overseas. Since 2013 we have opened up new overseas missions in Papua New Guinea, Indonesia, Iran, Thailand, China, Mongolia, Qatar and the United States of America. Our announcement of five new posts in 2014 was the single largest expansion of Australia's overseas diplomatic footprint in the last 40 years. At the 2016 election, the government committed additional funds to open a further three diplomatic posts, taking the total number of diplomatic and Austrade missions to 11.

The government also committed funds to establish a global watch office within the Department of Foreign Affairs and Trade to strengthen our capacity to monitor and respond to emergency situations overseas on a 24-hour basis. The watch office will ensure high-quality consular services can be provided to Australians overseas who find themselves in difficulty. It will also enable the government to quickly activate crisis response efforts in the event of emergency; provide detailed analysis of fast-moving geostrategic events as they occur, including real-time updates to travel advice; and provide better coordination for major events overseas, such as the Olympic Games and the Anzac Day services. Recent terror attacks in Paris, Brussels, Ankara and Istanbul, and natural disasters throughout the region, like Cyclone Winston in Fiji, highlight the need for the Australian government to be well informed and able to respond quickly to emergency situations overseas, particularly when Australians are at risk.

Lastly, I take this opportunity to remind Australians planning to travel overseas to register with Smartraveller. Australians should be informed and prepared when they are travelling overseas. In November 2015 the Australian government launched the Smartraveller information campaign to encourage Australians to be more informed and prepared before they travel and more self-reliant while they are overseas. There is no excuse for not taking out travel insurance. As has been said, if you cannot afford travel insurance, you cannot afford to travel. Sadly, the news is full of stories of Australians who encounter trouble overseas and who could not afford medical assistance of the cost of returning home. Australians travelling overseas are subject to local laws and they need to make sensible decisions about what they do.

When Australians get into difficulty overseas, Australian diplomatic and consular missions can provide assistance, but there is a limit to what they can do. Consular officials are guided by the Consular Services Charter. While each case is unique and the level of assistance depends on circumstances, assessments may include providing the details of the local doctors and lawyers, visits to Australians incarcerated overseas to check on their welfare, liaising with local authorities in missing persons cases, and the provision of advice and support on a range of matters, including the death of a relative overseas.

Consular officials cannot guarantee your safety while overseas. They cannot give you legal advice or intervene in other country's court proceedings and they cannot get you out of prison. We cannot intervene in another country's sovereign judicial system, just as we would not countenance another country seeking to do that in Australia. Ultimately, Australians must accept responsibility for their own welfare and make decisions that reduce risks, including reducing the burden on their families and friends should they encounter difficulties while travelling overseas.

I welcome the oppositions support for this very important bill. The death of a family member is a distressing time. The Registration of Deaths Abroad Amendment Bill 2016 removes an unnecessary cause of anxiety and a stress on families when they are least able to handle it. I commend this bill to the Senate.

Bill read a second time.