Senate Rural and Regional Affairs and Transport Legislation Committee [Part 2], , 1:09:45 to 1:23:59
Discussion on Norfolk Island's health regulation gaps, asbestos management, aged care facility design, and child safety measures.
Topics: Health, Child safety, Public safety
Speakers: Speaker 14, Kim Forbes, Ms Ruth Wall, Unknown Speaker, Michael Gregory, Senator Malarndirri McCarthy
Just on the transition assembly, will it be able to provide its advice on things like the preamble uh or will there be confidentiality restrictions in place requiring them to only provide advice to
>> I believe that details um yet to to be made available. The minister is considering all aspects and that'll be part of the charter.
>> Okay. I mean how is that Surely assemblies or I guess assemblies generally operate in public, not behind closed doors. So how come it's up for consideration whether or not they'll be bound by some sort of confidentiality agreement?
>> I I'm saying Senator that that's for a decision for the minister for of the details of the charter. That's still to be made available.
>> Okay. just moving to something else for answers to a question on notice. I was a little bit shocked to find out that AHPRA, uh the health practitioner regulator, has no jurisdiction on Norfolk Island. yeah, if if a health professional was practicing while impaired, breaching professional boundaries, not obtaining informed consent, or discriminating against people, there is no one to investigate. Do you know how long this legislative
>> The sort of um the legislation sort of on Norfolk Island is complicated. So, you you've got sort of sort of Norfolk Island continued laws, you've got New South Wales local government laws, and then you've got some sort of Queensland sort of local local government laws to allow sort of service delivery.
>> But this is a this is a federal regulator, if you are on Norfolk Island, you have zero recourse with if you if there's a medical practitioner that's sort of malpractice.
>> I was going to say it
department not identified this before? Like, how long has this existed for? This is seems to me like it's a
a a really serious oversight. >> because we require as you sort of as you'd be aware as you sort of you need a state state to provide that sort of um that oversight and sort of service delivery. So, we're working with
>> that. >> to provide that service delivery. So, we're working with Queensland to provide that service delivery. >> um and according to AHPRA, AHPRA has no jurisdiction on Norfolk Island. So, how long has that been the case for?
>> I I might refer to my colleague, Mr. Gregory, to provide a bit more detail on
with what Ms. Forbes was saying, um based on the relationship that uh the Commonwealth has with Queensland, um through the intergovernmental agreement um for those services for
Norfolk Island, we are giving consideration to the options, the potential legislative pathways that may be available in order to address that issue. But in relation to your question as to how long that has been the case, we'd need to take that on notice.
>> Okay. That'd be great. Yes, I was I was a bit alarmed to learn that. This is a stre- Yeah, people who have no recourse um because there's clearly some sort of gap in in in our legal frameworks. And I know it's I take that it's complicated with different service delivery partners and but I would have thought this is the kind of thing that would be picked up and um and uh and fixed. People need to be able to make complaints.
>> And Senator, I think in that question we did set out a number of other um mechanisms um for um Norfolk Island people to um um direct concerns to. So, as you would have seen, we have the Aged Care Quality and Safety Commission. Uh um um complaints can go to them, the relevant
complaints and com- >> GP, if it's your local GP, I doubt the Aged Care Quality people are going to
>> And then also the Commonwealth Ombudsman we also noted is an option at at the moment as we work through this with um Queensland.
>> Yeah, but there's no there's no regulator for health. I could
>> That's right. But they That That I agree with that. But I think the the fullsome answer we also set out some of the other alternatives for um raising issues or concerns. There are a number of other avenues that um citizens can direct their
>> No, I appreciate that. But I mean, that's why we have opera. Minister, can your government commit to fixing this? It seems like it. >> So, you can't even give a commitment that all Australians will have recourse through opera?
>> Well, I can say and as the officials
Norfolk Island has been in in contact with me about their concerns regarding asbestos handling on the island. As we know, there was an increase in asbestos related incidents between June and August 2024. And this Norfolk Island have felt that there was no regulator to turn to when when they thought the council were not managing these incidents in line with their um workplace health and safety obligations. Which authority was responsible for investigating alleged breaches and enforcing workplace health and safety requirements in 2024?
>> Senator, I'll have to sort of look at the 2024 sort of um example that you're referencing in more detail.
>> Um I know that NERC has acknowledged challenges with asbestos disposal and preventing illegal dumping. What oversight does the Commonwealth exercise in relation to the council's management of hazardous waste?
>> As you can see, that NERC is the the Norfolk Island Regional Council does manage your waste and asbestos uh of material. So, and that's as per sort of the Waste Management Act for Norfolk Island 2003. So, that's the the legislation they're operating under.
>> Okay. So, they have to meet those those requirements or standards. Okay. on the aged care um facilities, are there plans to demolish the existing beds once the new facility is built or
>> so this is for the residential aged care facility. So, Senator, sort of as you'd be aware, sort of there is sort of currently sort of about 13 residential beds in the current facility, and the government's committed to a 16-bed sort of residential aged care. What we're we're currently doing is sort of getting the design as sort of for the 16-bed and having that sort of connection to sort of the existing sort of facility. And that allows sort of Noracs to have that sort of flexibility and sort of as needs for
>> So, the existing facility will now stay?
>> Pardon?
>> The existing facility will now be will now stay there. It won't be demolished.
>> No, it's not being demolished. It There is sort of it's working in
>> Okay. That's good to hear. I think last time there was still sort of consultation or you were still trying to work out the plan. So, thank you. That's great to and then on Thriving Kids, uh the Department of Health provided me with an answer to a question on notice. and uh I'm interested how this gets delivered on Norfolk Island given there's no state or territory. And so, you know, this is one of those
>> CEDA not across
>> gaps, but
>> across thriving kids and details. >> So, I might have to take that on notice. There is quite a lot of sort of sort of activities undertaken on islands. So, I'm not across.
>> Okay. If you're happy to on notice, maybe look at how that will will or won't be delivered um On community grants, got a response letter from Minister McBain in July outlining the work our department was undertaking to improve access to Commonwealth community grants for Norfolk Island organizations. I'm interested what's what actions have been taken in 2026 to address barriers to accessing these grants. Given again, you know, there's no state and territory grants, there's no sort of local LGA grants, there's
>> Yeah.
>> no Landcare grants. They They fall into this into this void.
>> Yeah. Yes, that's correct. As sort of sort of we used to work quite closely across sort of a number of agencies across the Commonwealth and sort of and a relevant sort of states to address those structural barriers. So, we we have that sort of constant engagement as different sort of programs come up, we and their relevancy to the territory, we work with the different sort of agency accordingly.
>> Okay. Thank you. Just two more questions. Thank you, Chair. Um working with children last time I was on the island was talking to a few people who were really concerned about the lack of any sort of framework for working with children checks and that the minister advised that her department was working with the Queensland government to assess the feasibility of extending the the Queensland uh working with children check arrangements in Norfolk Island. Um I'm wondering if there's any progress made on that this year and and when those arrangements were expected to be implemented.
>> Um as it's so Senator that that work's still sort of underway and sort of working with Queensland, but I can outline sort of a number of temporary measures that we had in place uh that includes sort of strengthening regulation at Banyan Park sort of learning center. Sort of we have sort of um a child welfare officer as sort of um who was appointed and their role is to investigate neglect and abuse and make decisions on care and protection orders and provide safeguards equivalent to those available under state-based systems. And then we've also sort of sort of been working with AFP in the digitalization of Norfolk Island criminal records. That enables sort of the criminal history information to be automatically available through the Australian Criminal Intelligence Commission database for worker screening, strengthening the ability to identify and prevent unsuitable individuals from working with children. And then we have a number of bespoke clauses in contracts as sort of executed as well to support that. So there is a number of elements that we are doing to sort of have those temporary measures in place while the other work is is under underway.
>> Thank you. That's good to know. Uh and then just finally on on reef protection um we've talked before about um what the Commonwealth is doing in terms of investing to try and protect the reefs that are suffering from runoff and and poor water uh water quality particularly around that Em- Emily Bay area. What what's been happening recently
>> Yeah.
>> to protect the reef?
>> Um so the yes, Minister. So as as as Senator as as we talked about previously, there is it's a multi-pronged approach here. Uh it's not not just one activity. So it's sort of working with the cattle association, with the the the cattle um in the area because as you aware sort of you know, the pugging of um the the soil sort of you know, uh creates the acid sulfate soils going into sort of the waterway. So the there's the the rural activities across the Kingston catchment. Then we're also sort of at there's $7 million to reduce the contamination uh from uh sewage. So there's extending the sewer lines in that the Kingston area. We also sort of have CSIRO sort of monitoring sort of the water waterways and sort of um and sort of coming up with sort of further plans of what what sort of catchment management activities can be undertaken to improve water quality. And then we're also working with the council on sort of fencing of the river banks, controlling the weeds, and providing sort of those alternative watering points for the cattle.
>> Great. Thank you. And can I just thank the I know there were a bunch of people involved department in um ensuring that the island had access to artificial insemination and um I think they even did some um embryo transplants for their cattle herd. Thank you. I know there was a lot of work there. >> It's a it's a good it's a good outcome Thank you, Chair.