Louise Pratt (WA, Australian Labor Party, Shadow Assistant Minister for Manufacturing) Share this | Link to this | Hansard source

Labor supports the Norfolk Island Amendment (Supreme Court) Bill 2020, which amends the Norfolk Island Act 1979. It's always a pleasure to take an interest in the affairs of Norfolk Island, which is an important and unique territory of our nation. The amendments contained in this bill, as well as previous amendments made in 2018, are about enhancing and supporting the effective administration of Norfolk Island's justice system.

According to the 2016 census, Norfolk Island has a population of 1,748 people, so we have there a wonderful community—as Senator Seselja would well know—that has a small population in a very remote location. Amendments were made to the Norfolk Island Act back in 2018 to reflect the view that in some cases the best interests of justice might be served by holding a criminal trial away from the island itself, where there would be better access to resources, expertise and advice. There may be some cases, I'm sure, where jury trials, for example, are relevant, and I imagine that doing something like that in a small community would be quite difficult. The amendments before us were modelled after similar provisions that were created for Christmas Island in 1987. We think it's really important to ensure community confidence and the integrity of the Norfolk Island justice system.

The Norfolk Island Act 1979 established the island as a self-governing external territory. I've always reflected on how novel and interesting those powers were, because in many cases we saw a self-governing external territory with some 1,700 people that had more powers of self-government than, for example, the people of the Northern Territory. It really shows that we need to think carefully about how we govern Australia's so-called territories. We've recently had some debates led by Senator McCarthy in relation to electoral representation in the Northern Territory, that I think should be supported.

The arrangements back in 1979 were that the Norfolk Island government was required to deliver government services, including health care, education and infrastructure. I have been to Norfolk Island and, frankly, I have seen that for such a small community to have the enormous responsibility of delivering both state and Commonwealth public services is at times a grave disadvantage to the citizens there. There were weaknesses in the electricity network, roads were deteriorating and the hospital needed significant upkeep. The size and remoteness of the community made it difficult for them to deliver those services effectively. The arrangements in this bill are about improving governance arrangements in the territory and ensuring Norfolk Island can move forward and have a local community that is provided with the same opportunities that are afforded to every Australian.

I think one thing that led to the lack of sustainability for Norfolk Island, in terms of its capacity to keep up its own road, education and health systems, was that Norfolk Island had been a tax-free trading place for such a long time. Australians would go there for holidays to buy their luxury goods free of sales tax. They could travel to an Australian jurisdiction and buy their luxury goods free of sales tax. When John Howard brought in the GST and flattened those taxes, the Commonwealth did not take adequate account of what an enormous impact that would have on Norfolk Island's sustainability, and you can really mark the decline of Norfolk Island's tourism and their economy since that time.

So it's been really important that this parliament pay attention to the welfare of the population of Norfolk Island. In recent years, through the Joint Standing Committee on the National Capital and External Territories—which in past years I've been a member of—we've seen members from both Labor and the coalition work with the department to develop and change the functioning of Norfolk Island, to the benefit of its local businesses and residents. I note that it has not always been a smooth path. Back when I was on the external territories committee, it was a complicated time because of the level of reform that was being undertaken. While taking over some of the powers of self-government that the island had, it was also recognising that, in exchange for taking over those powers of self-government, the citizens of the Norfolk Island community wanted and demanded access to health care, access to education and access to services that they had, effectively, been previously denied.

We have before us today a bill that's largely technical, with provision to ensure the smooth carriage of justice between Norfolk Island and the much broader Australian legal system. The bill makes changes to amend the definition of 'host jurisdiction' in the provisions authorising off-island sittings of the Supreme Court of Norfolk Island. These amendments are absolutely critical to removing any doubt that the Supreme Court may exercise its criminal or civil jurisdiction in a state, in the absence of an arrangement between the Commonwealth and the state government or authority, where no powers, duties or functions are conferred or imposed upon a state officer. The bill before us clarifies the basis under which travel allowances are determined for judges of the Supreme Court of Norfolk Island, and this reflects the existing practices by which judges receive such allowances.

We in the Labor Party have consulted with the Law Council of Australia on the bill. We note that they raise concerns about the removal of subsection 60Q(6), which provides that fees and allowances of witnesses who appear in civil proceedings held in a host jurisdiction must be paid by the Commonwealth. It is highlighted in the explanatory memorandum to the bill that it is unreasonable for the Commonwealth to pay these fees in civil matters where, unlike in criminal matters, the parties concerned are normally responsible for the witnesses' expenses. So there's a rational argument here, but there's a need to monitor this situation because we really must ensure that this does not result in parties to civil proceedings incurring unreasonable additional costs during off-island sittings. I really want to underscore this issue to the government, because travel to and from Norfolk Island is very expensive, and I can only imagine that, given the current state of airline economies, it continues to be significantly expensive. I don't know, for example, the extent to which there are existing cross-subsidies for that travel that come from the Commonwealth government in order to make those travel costs reasonable. I certainly recall, back in my visits to Norfolk Island, that there was much debate about the need to keep air travel affordable, noting how isolated the island is.

In 2013, economic activity on the island was down some 24 per cent on the previous year. Forty per cent of shops had closed and many Norfolk Islanders were leaving the island for the Australian mainland or New Zealand. It's incredible to me that the Norfolk Island community has had access to social security and health benefits only since 2016. This includes the age pension, family tax benefits, Medicare and the Pharmaceutical Benefits Scheme. From July 2016, federal taxes replaced a range of really inefficient taxes and charges that were levied by the Norfolk Island government, including a local goods and services tax and punitive customs charges. I have to say, though, that I have some empathy for the Norfolk Island government's need to impose this ridiculous array of taxes, simply because their other revenue bases were so shallow and they didn't have the kind of basic income that was coming into the rest of the country through the provision of services like the Pharmaceutical Benefits Scheme, Medicare, social security and pensions. Norfolk Island's Legislative Assembly was transformed into a regional council, in line with the recommendations of the Joint Standing Committee on National Capital and External Territories. That has allowed for a gradual adoption of New South Wales state laws within Norfolk Island, providing a body of modern law through which the island's economic recovery could be guaranteed. I note that Western Australia has a similar relationship with Cocos Islands and Christmas Island, where the state laws of Western Australia apply to those territories.

It's a real pleasure for me to be able to talk about these issues in the chamber today. It's not often enough that we're able to take note of the significant issues that confront our external territories like Norfolk Island, Christmas Island and the Cocos (Keeling) Islands. It's pleasing that Norfolk Island has been integrated into the Australian migration system to replace the migration arrangements maintained by the local government. We've seen Norfolk Islanders being provided with the same services as other Australians, while protecting their unique cultural identity and heritage. We've seen support extended to Norfolk Island through its transition at this really crucial time. This will ensure that they're able to survive this pandemic, because the banning of tourism and non-essential visits will have taken a significant toll. The island has been virus-free, which is terrific, but it has faced strict restrictions, like the rest of the Australian community. In March, non-essential visits were banned after the local government declared a state of emergency in the territory to protect its elderly population from the spread of the virus. And I have to say that that was a timely decision of the local government, and an effective decision, not unlike the decisions taken by the Western Australian government that have proven successful in keeping the virus out of our communities.

I acknowledge the importance of these changes. While we have taken over most of the governance when it comes to the laws of Norfolk Island, it's really important that we empower local communities to make these kinds of decisions because—as we can see in this case and in other cases where communities have been able to put in place their own travel restrictions—they've been very effective in keeping out coronavirus. We've seen that Norfolk Island has been impacted by food shortages due to disruptions to regular shipments, and we've seen heightened concerns around the spread of COVID-19 in Norfolk Island, meaning that additional restrictions have been brought in to stop people leaving their homes. We know that some elderly residents recently returned from the mainland and, unfortunately, they did flout quarantine measures.

We look forward to working closely with the government to ensure that Norfolk Island has a successful future. I commend the bill to the Senate.

Zed Seselja (ACT, Liberal Party, Assistant Minister for Finance, Charities and Electoral Matters) Share this | Link to this | Hansard source

I want to thank all senators who have participated in the debate on the Norfolk Island Amendment (Supreme Court) Bill 2020. This bill makes technical amendments to provisions of the Norfolk Island Act 1979 dealing with the Supreme Court of Norfolk Island. Amendments made to the act in 2018 authorised the Supreme Court to sit in a state or territory other than Norfolk Island in the exercise of its civil and criminal jurisdiction. These amendments allowed for a matter to be heard and a jury to be empanelled in another state or territory. The measures were modelled on similar amendments made for Christmas Island in 1987. The amendments in the bill address some technical issues regarding regulation of off-island sittings of the Supreme Court. These amendments also clarify the basis under which travelling allowances are determined for its judges. These amendments will enhance the effective administration of the Norfolk Island justice system.

As a senator for the ACT and as the senator representing Norfolk Island, I want to put on record, for those Australians who haven't visited Norfolk Island, what a stunningly beautiful place it is and also what an extraordinary community it is. Norfolk Islanders are proud of their history. They are proud of their very unique place in history. They are also a very community minded, family oriented and self-reliant, can-do community who, it must be said, have faced significant challenges right throughout their history. Indeed, we saw some challenges during the transition that Senator Pratt was referring to in her remarks. But I want to put on record that I know this has been a difficult time and that the isolation is being felt more than usual during this COVID period. I very much look forward to the opportunity to be there again in the not-too-distant future. They are, as I said, community minded, family minded, self-reliant and can-do. Can I make particular reference also to the fact that there is great pride on the island in the contribution that Norfolk Islanders have made to the defence of Australia through various conflicts. I want to pay tribute to all of those veterans on the island as well.

With those words, I again thank senators for their contributions and for their support for this bill, and I commend the bill to the Senate.

Question agreed to.

Bill read a second time.