Senate Rural and Regional Affairs and Transport Legislation Committee [Part 2], , 1:00:19 to 1:09:42
Inquiry into the establishment of the Norfolk Island Transitional Assembly, community consultation processes, and proposed changes to the Norfolk Island Act.
Topics: Infrastructure, Public safety
Speakers: Kim Forbes, Speaker 14, Unknown Speaker, Ms Ruth Wall, Senator Glenn Sterle, Speaker 4
>> Okay, thank you. >> To outcome four, please. And I believe I believe Senator Pocock has questions for opposition that questions. Floor's yours.
>> Thanks, Chair. Um thanks for your time this evening. I've got some questions about the Norfolk Island transition assembly.
>> Did you get to ask his question?
>> No, I'm just waiting for them to So, the the minister announced in August that the government would establish a Norfolk Island Assembly by primary legislation and would also establish a democratically elected five-member Norfolk Island Transition Assembly in the interim. Um it appears that the Transition Assembly is advisory. and it follows the establishment of the Norfolk Island Governance Committee, which later fell apart. Um with at least one of the elected members walking away. in practical terms, what are the differences in roles and responsibilities between the NIGC and the Norfolk Island Transition Assembly?
>> Uh Kim Forbes, Assistant Secretary for Territories Division. So, where the sort of NIGC sort of had a sort of representatives of sort of community representatives, so three of of them from Norfolk Island, and then it had Australian government representatives as well as Queensland, so they had government officials on the NIGC. Uh what what with our sort of through the journey of NIGC, there's been a quite a lot of sort of work that's been undertaken, and it was at the sort of its recommendation uh from sort of the the community members of the NIGC and talking to the community of sort of having instead of having a ordinance for sort of as going forward with the new model, instead it'd be primary legislation, and it was their suggestion of doing a Transitional Assembly.
And so, what what is its its role? What how is it different apart from having no government officials, what's what's the
>> So, the Transitional Assembly will be five members. >> [clears throat] >> and they will be democratically elected. And this allows for a staged approach, and at the Transitional Assembly will sort of will sort of provide recommendations to inform policy advice and legislative drafting instructions for the primary legislation to establish a statutory Norfolk Island Assembly with law-making powers.
>> And when when will that be elected?
>> Uh the details sort of it that as you would expect the minister announced sort of next steps towards this new model in 3rd of August. But that stage approach on the 27th of August sort of FAQs sort of were published in detail. And that's going to be a live document providing further sort of details. The minister will shortly sort of publish sort of more detail on the transitional assembly charter and supporting guidelines, the election date, nomination, and voting processes. So the timing is a matter for the minister, but as but what we've heard as the department we've heard that the community is uh came that the election should not be rushed. And as sort of and that feedback has also been provided to the minister to to make sure that all the details there before all these announced.
>> Okay. Is my understanding that the NIGC previously provided advice on the future of the island's governance arrangements and its legislative framework. So what what advice is the government wanting from the transition assembly if feels like that Norfolk Islanders have been through this process already. Government kind of knows what they want. And now we're setting up a transition assembly to inform
>> It's a As as the NIGC was it was under the the premise of an ordinance. Now that has changed as sort of based on the feedback from the community the minister has made the decision that for that will be a sort of primary legislation change. And so this is where there's it's building on the work from the NIGC the transitional assembly. The five members that will be democratically selected will sort of sort of go through and provide recommendations of the model of the statutory body for the sort of tran- the assembly.
So, it sounds like it's another advisory committee. It's My concern is I've only been a senator representing Norfolk Island for four and a bit years now, but that whole time Norfolk Islanders have been engaged in various forums and inquiries and you know, at what point do they actually just get democracy back? Like it seems like this is a fairly convoluted process.
>> Uh and as I said, that the sort of transitional assembly will have five democratically elected members.
>> But when?
>> That's a um decision for the minister, and that that information's coming out shortly.
>> Shortly. Okay. Are there specific outcomes that the government wants from the transitional assembly before it then moves to change the Norfolk Island Act and restoring it an actual assembly?
>> And and that sort of there's further details in the the FAQs on on that one, but it's sort of as I said, the minister's sort of sort of will be sort of publishing a charter with guidelines, and that will provide that further detail for to sort the objectives and detail for the sort of the transitional assembly.
>> And so, you can't tell me because it's cabinet in confidence, or what's
>> It's a decision for the minister.
>> Okay, but can you can you still not tell
>> In respect to of sort of
>> Yeah, I mean, what what is the what is the government actually want from this transition assembly?
>> I was going to say like and I'm just sort of going over the the details of the FAQ. Sort of it will be you know as I said a phase.
>> So you said that in addition to the FAQs there'll be like some more guidance. What's what's in that guidance?
>> Um well that's that's for the minister. I have I have not sort of that's not ready to be published yet.
>> But if like if if you know it you can surely tell me.
>> It's for the minister's decision. I don't know it.
>> So who's provided that advice to the minister?
>> Well the department provides advice. >> But it's still for the minister's decision.
>> But if it's not cabinet confidence at estimates you can surely
>> But it's it's not a decision yet.
>> I know that but it's
>> There is lots of information on our website um pertaining to what the Norfolk Island Transitional Assembly um will look like, how we will approach it. Happy to table um a number of those documents here now if
>> Yeah that'd be helpful if you're happy to. Thank you. Um just on the preamble will it be the transition assembly's role to provide advice to the minister on the update to the preamble of the uh Norfolk Island Act?
>> So the preamble of the um as you'd be aware Senator has sort of been sort of consulted with the the community and sort of the suggested words for the preamble has been provided to the minister and for the preamble will sort of require legislative changes to the primary legislation that will be incorporated through that process.
has the minister accepted or rejected the suggested preamble?
>> I'll I'll have to take that on notice.
was the government unhappy with what was Like will will it have to be subject to more consultation or was it Like why is this all taking so long?
>> Again, I'll have to take that on notice, Senator.
>> Why it's taking so long? Or will it require
>> legislation changes.
>> Sure. But as a government, I haven't heard whether the government's accepted what was proposed as the updated preamble.
I'll I'll take that on notice.
>> The government's still considering it.
>> Still considering it. Okay.