Paul Neville (Hinkler, National Party) Share this | Hansard source

Today it gives me some pleasure and ambivalence, in one sense, to speak on this bill, and I will explain the ambivalence and then explain the pleasurable parts of this bill. This is a report on the Territories Law Reform Bill 2010 and it was carried out by the Joint Standing Committee on the National Capital and External Territories, of which I am a member. I compliment the authors of the report—the staff of the committee—for their hard work, as indeed I compliment my fellow members. I was ill for part of the compiling of this and I think they have delivered a very good report.

This report is about prescribing the process for selecting and dismissing the Chief Minister and ministers, as well as determining their roles and responsibilities, on Norfolk Island. In fact, most of this, other than a few sections on the Cocos Islands and Christmas Island, is about Norfolk Island. It establishes a no-confidence motion process for the Chief Minister. It allows the Norfolk Island Administrator to have greater access to a range of advice when bills come before him for assent. It allows the Governor-General and the minister responsible for territories to take a more active role in the introduction and passage of Norfolk Island legislation. It talks about reform of the voting system of the Norfolk Island Legislative Assembly and providing more certainty about when elections are held. It establishes a customised and proportionate financial framework which provides for responsible management of public moneys and public property, preparation of budgets, financial reporting, annual reports and procurement. It provides for the appointment by the Commonwealth of a financial officer for Norfolk Island should that be required; the appointment of the Commonwealth Auditor-General to conduct audits of Norfolk Island, as he would of other government agencies; amendments to the Administrative Appeals Tribunal Act which will confer on the AAT a merits review jurisdiction for specific decisions of the Norfolk Island legislature; and amendments to the Freedom of Information Act to apply on Norfolk Island. It also allows the Commonwealth Ombudsman to assume functions on Norfolk Island and to become the Norfolk Island Ombudsman. Norfolk Island public sector agencies will also be required to adhere to information privacy provisions in the same manner as the Australian government public sector agencies on the mainland.

A lot of those are eminently sensible matters but, as this report reveals, they have been matters of some contention for the people of Norfolk Island. I think it would be fair to say that there has not always been a happy relationship between the Commonwealth and Norfolk Island. It has never gone into really bad territory, but the 2,000-odd people on Norfolk Island take on a huge responsibility in running the government. The Norfolk Island government not only assumes the responsibilities of a territory government in the absence of the state but also assumes the responsibilities of a territory government and the local government obligations that apply to an island of that size. So it has a dual role and, as such, it is a very responsible role.

It has always been my contention that the Commonwealth has been too harsh with Norfolk Island over the years. Some of my colleagues on both sides of the House do not agree with me on that. Whether we like it or not, the formation of Norfolk Island came about when the Pitcairn Islanders in the 1850s petitioned Queen Victoria for a new home. They were granted the old penal colony of Norfolk Island, and the bulk of the population moved there.

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