Luke Simpkins (Cowan, Liberal Party) Share this | Hansard source

I certainly welcome this opportunity to make comments on this bill, the Territories Law Reform Bill 2010. It was a long time ago, back in 1979, that I travelled to and visited Norfolk Island. I think it was for around about 10 days. This is without doubt one of the most spectacular and beautiful places in Australia. It has at times rugged countryside but there is also the greenery and the norfolk pines. It is a spectacular place—a real oasis, in many ways, not too far from the middle of the Pacific Ocean. It is a long way from Australia. The beauty that is Norfolk Island belies the past and the white history of places like Kingston, where the penal colony was established. Although there is nothing more than cattle grazing there now, it is certainly the case that these places saw some of the great excesses of convict habitation and convict work. Back in 1979 on a school excursion we stayed not very far from Burnt Pine. One of the great joys of visiting Norfolk Island was just how friendly people were. As part of this school excursion we hired pushbikes for the whole time we were there and every time you went anywhere, if you were at the bottom of a hill, someone would stop and ask you whether you wanted to throw your bike in the back of the ute and carry on with a lift up the hill. It is a very nice place, a beautiful place with very nice and accommodating people. As I said, it is a real oasis.

It is also interesting to reflect a little on the history of Norfolk Island. Apart from the convict colony, they also had a terrible experience with the introduction of rabbits. Someone came up with the good idea, over 150 years ago, that if you introduced rabbits to a place called Phillip Island not far off the coast of Norfolk Island then that would be a great place to go hunting. Unfortunately, rabbits being rabbits they overtook the place. So now if you look out across the water across Kingston you can see a very brown and barren island. That was certainly my recollection of Phillip Island from those days.

But I do welcome this opportunity to talk on the Territories Law Reform Bill 2010 which, in the main, amends the Norfolk Island Act 1979 in order to implement significant reforms aimed at improving governance structures and strengthening the accountability mechanisms for Norfolk Island. And I welcome this opportunity as I have recently become the deputy chair of the Joint Standing Committee on the National Capital and External Territories. Given that the vast majority of this bill concerns the external territory of Norfolk Island, I will contain my comments to the changes that this act will effect to that territory rather than comment on the more routine changes that the bill will enact with regard to Christmas Island and Cocos (Keeling) Islands.

I sought a position on the joint committee because I have a longstanding interest in the territories, having lived in Canberra for around six years of my life when I was in the Army and before that with the Australian Federal Police. As I said, in 1979 I was part of a high school excursion that visited Norfolk Island, and I certainly look forward to returning to Norfolk and visiting the other external territories if the business of the committee should require it in this the 43rd Parliament. In the short term, however, after beginning to read into the work of the committee of the 42nd Parliament and being aware of issues in the past regarding governance of Norfolk Island, I appreciate the need for amending the Norfolk Island Act—although, as has been foreshadowed by the shadow minister, there is the need for minor amendments, which I wholeheartedly support.

Before speaking briefly on the bill itself, I would say, in support of the coalition’s amendments, that if we speak of governance and accountability, such a debate must include the extension of Freedom of Information Act application to Norfolk Island. That being said, a model that reflects the scale of the administration is more appropriately required. In the same way that the role of Commonwealth Ombudsman was embraced in their own legislation, Norfolk Island should seek and legislate for a model of freedom of information and privacy that does reflect the size of the island and the administration so that the bureaucracy is not vastly increased, and this is the point made in paragraph 1.3 of the committee’s recent report into the proposed legislation.

In terms of this bill itself I would like to address the proposed amendments that the bill foreshadows. In reading the 2010 committee report it is clear that there were significant concerns raised by observers and local people about the way in which the island was being governed, as well as concern about the power and influence being exerted at the time submissions were being received and evidence was being taken. Indeed, at footnote 17 in chapter 2 there is mention of fear and apprehension holding back residents who wanted to make submissions. The committee found:

It has become increasingly clear that beneath the surface, informal mechanisms are being allowed to operate with impunity. The Committee is aware of growing community concern over the activities of these elements.

The committee also expressed concern about such a negative culture—one that has been referred to as ‘the Norfolk way’—which is equated as similar to ‘the Pacific way’. We need to be very careful that a particular way by which things are done locally should not constitute an excuse for corrupt practices, favouritism and nepotism.

It is good to see this bill come before the House. Clearly the joint standing committee in its report also saw the need for significant governance, financial and administrative reforms, and this bill now brings those amendments to this parliament.

I will now take the opportunity to speak of the amendments that relate to schedule 1 of the bill. Firstly, under clause 14 of the bill, the matter of termination of the position of Chief Minister and other ministers is covered. In particular, clause 14A states that the Administrator can dismiss the Chief Minister if, in the Administrator’s opinion, there are exceptional circumstances that justify that action. That power is pretty similar to the existing powers of the Governor-General for the national government. I have read the submission by the Norfolk Island government where they object to that change, yet it is really working to the same principles that the rest of Australia adheres to. But I also note that the bill provides for the ability of the responsible Commonwealth minister to appoint deputy administrators for Norfolk Island. Again, this is a change that I support, and it will provide the federal government, and specifically the responsible minister, with the ability to react to the needs of the population of this territory of Australia.

In reading through the bill I would particularly like to note the additions to the Norfolk Island Act that relate to division 2, regarding financial management and accountability. Clause 48A will require the appropriation of annual budgets by the island’s finance minister and they will need to be in accordance with the Commonwealth’s orders and regulations and provided to the responsible Commonwealth minister. Again, I fully support the amendment contained in the bill, even while I understand that the Norfolk Island government is not particularly happy about it.

Similarly, the other amendments include, under clause 48B, the need for financial statements; under clause 48C, the auditing of those statements; and other subclauses of clause 48 that will improve the accountability and the performance of the Norfolk Island government and administration. Indeed, even the section 51 amendments contained in this bill require the Commonwealth be kept informed and, from what I have read, these changes appear to be appropriate at this time. This clearly represents the establishment of a customised and proportionate financial framework which provides for the responsible management of public money and public property and for the preparation of budgets, financial reporting, annual reports and procurement. I should also mention that this includes the appointment by the Commonwealth of a Commonwealth financial officer for Norfolk Island should the position be required.

This bill will also allow the Norfolk Island Administrator to access a greater range of advice when presented with bills for assent under schedule 2 of the Norfolk Island Act. It will allow 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 will reform the voting system for the Norfolk Island Legislative Assembly and provide more certainty about when elections are to be held. It will also allow access, under certain situations, to the Administrative Appeals Tribunal Act, which will confer on the AAT merit review jurisdiction for specified decisions under Norfolk Island legislation.

Before concluding I would like to speak about the freedom of information and privacy amendments to the bill proposed by the shadow minister, the member for Stirling. I support these amendments and note what the Norfolk Island government said in their first supplementary submission, submission 6.1, to the committee. The submission raises the issues of when and how the Norfolk Island public sector could cope with implementing an FOI system. What is therefore required is the ability to access documents and information that are in the public interest. The coalition’s amendments would enable the Norfolk Island government to determine in their own legislation the model which best suits their needs. Clearly, the Commonwealth must look at this in the future to ascertain that the system fits the needs of the population.

From what I have read of Norfolk Island’s governance, financial and overall administrative arrangements, there is a need for reform. It is clearly a widely held but not unanimous view that the existing arrangements are not serving the best interests of all residents of the island. It would appear that there are some people on the island who seek to preserve existing arrangements that favour a select few groups, rather than seeking to ensure that self-government arrangements are completely open, accountable and work for the whole population. Critics of the legislation suggest that it is an attack on self-government. I do not see that in the analysis. This legislation is about good and effective government which is in the interests of everyone on Norfolk Island. I support this bill with the amendments as stated by the member for Stirling. I also look forward to having an opportunity as part of the Joint Standing Committee on the National Capital and External Territories to assess the implementation of these legislative changes, which, I am sure, will lead to much more effective government for Norfolk Island.

All laws are capable of being amended, and in the future Norfolk Island can expect visits by representatives of this government and this parliament, by ministers and, most certainly, by the Joint Standing Committee on the National Capital and External Territories. Fundamentally, the Commonwealth will want to be assured that Norfolk Island shares the same governance, financial, administrative and electoral standards as the rest of Australia. If that is the case, then the laws may not need to be amended in the future, but if it is not the case then maybe they will need to be amended.

In conclusion, from my limited visit to Norfolk Island of about 10 days back in 1979 and from what I have read, I see that there is a lot for the people of Norfolk Island to be very proud of. It is a beautiful island and a beautiful environment, but we, the Commonwealth parliament, need to be certain that the interests of all members of the Norfolk Island community are properly looked after and that there are accountability and governance that are working for the whole population and not for any special interest groups. In the future, we will have an opportunity to continue to look at Norfolk Island to make sure that what this legislation intends is achieved. I look forward to participating as the deputy chair of the committee and to working with my colleagues on both sides of parliament to make sure that Norfolk Island is as good as it can be.

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