Territiories Law Reform Bill 2010

The following is a part of debate when I spoke in response to the Chief Minister, Hon. David Buffett's statement in the House about the engagement of the lobbyist firm Crosby Textor. 

The decision to engage Crosby Textor directly relates to the proposed introduction of the Territories Law Reform Bill.  The Bill proposes to amend the NI Act and cement some already existing practices into place. The Federal government has committed to protecting every Australian citizen’s human rights under international law and so this review of their own legislation is well over due. 

The vast majority of residents understand we need change.  I ask this government to be forward thinking and make every effort to find opportunity if the Bill is passed. There is a lot of work to be done in drafting regulations that provide clarification and guidelines. I trust this government would endeavor to support the relevant officer’s in developing and agreeing to sensible regulations. This is a direction that would benefit us all in the long term. 

A clause that may concern some people is the governor general’s ability to dissolve the assembly if it is incapable of effectively performing its functions or is conducting its affairs in a grossly improper manner.  That would be a very serious situation and it could occur, however, within 36 – 95 days after dissolution, a general election would be called.  This could be viewed as very disruptive but it gives the people an avenue to protest, at a higher level, against the performance of the Assembly.

In the financial area, the Cwlth is moving in a direction that will assist in protecting all residents.  If the Law reform bill is passed, mechanisms will be set in place that will allow this Assembly and the Commonwealth to identify challenges and put procedures in place to assist with economic development.  There is a need for the Commonwealth to be able to monitor our ways and their own, and with that information – better consider where we need to ensure that infrastructure development progresses, in a measured way and ensure that a stable economic future can be achieved.

The clause in the Bill relating to the Appeals Tribunal, the Freedom of Information and Privacy provisions, which propose to include Norfolk into the Commonwealth arrangements is of concern, not because these facilities should not be available to us, they should, but the cost of providing these services to the community is my concern. Any move by the Commonwealth that would in turn create a further cost burden is a real concern right now and for the future and I would like clarification but it shouldn’t stop us from achieving the best for this community in terms of equal rights and opportunity.

To actively lobby against the Bill because of a fear of the unknown or a fundamental believe that full self government must be achieved at any cost  is not a view I share.  Minister Brendan O’Connor commended this Bill to the Parliament in Canberra, the same Minister that this government is seeking short-term financial assistance from.  What our government has trouble appreciating is that the Cwlth govt is trying to help and that this Bill is a fundamental step in the process.   

This is the first step to work towards creating a more robust form of self-government and hopefully addressing the burden of 103 scheduled responsibilities.  Responsibility and transparency may make some people feel uncomfortable - but it is necessary to preserve democracy. The Joint Standing Committee has recommended a review of Sched 2&3.  I am especially interested in this area because the number and level of responsibility we are trying to administer, is a major concern and some serious consultation with the Federal Minister on this matter should be a priority.

If the Bill is passed then we carry on and find opportunity to improve, however, we are still far from solving all our problems.  The amended Norfolk Island Act will  provide us with a revised platform from which to work from.  Financial reforms are sure to follow governance reforms.  My guess is, this will take time.  Feel free to share your views...and as Mary once said to Chelsea - remember that we all have diverse views; we live together and must treat each other with respect.  

The population debate

My first debate was with Gordon Duvall (resident geologist), at age 13. Gordon argued that Norfolk Island could sustain a population of 10 000, I argued (in my wisdom) zero growth. The bizarre part is that almost 30 years later, I'm a Legislative Assembly representative on the Immigration Committee. How the island is to deal with immigration and population into the future is an issue this Government must deal with and we are not alone. Currently the island controls its immigration law and policy and I think this ability to control, is a power we should retain.  Feel free to share your views.