Law Reform for Norfolk Island

New Governance Arrangements for Norfolk Island as the Territories Law Reform Bill Passes into Law

Towards the end of the final day of the final sitting of the Senate for 2010 and after less than 20 minutes of debate, the Territories Law Reform Bill 2010, passed into law without amendment. It remains only for the Bill to be given Royal Assent by the Governor-General.
The Bill introduces a range of changes to the way government operates on Norfolk Island and raises the bar on transparency and accountability. The changes were an important step in the process of developing new arrangements with the Commonwealth for Norfolk Island.
Some of the changes will not be implemented until after the next Norfolk Island election but some relating to financial accountability will begin at the commencement of the 2011-2012 fiscal year. The range of changes will be summarized in future articles.

Fly to Norfolk Island from Domestic Aussie Terminals

An issue that has been discussed for some time on Norfolk Island is changing Norfolk Island to a domestic route from Australia.
Currently all flights to Norfolk depart from International Terminals in Brisbane, Sydney, Melbourne and Newcastle and this has its disadvantages.
Some of the benefits of coming out of the domestic include;

 No requirement for a passport to travel to Norfolk Island. More spontaneity in travel
 Easier transfers for the majority of our visitors who originate from within Australia.
 No passenger exposure to duty free shopping means Norfolk Island retailers would have increased opportunities
 No passenger exposure to duty free alcohol so Norfolk Island liquor bond sales should improve substantially
 Airport taxes lower ?

Some of the issues to consider would include;

 How do we monitor tourist movement – modified permit system ?
 Quarantine checks remain as they do between some AU states
 Domestic/International terminal categorization - what are the issues ?
 Security checks remain
 NZ incoming and outgoing what are the issues
 Access to gates at domestic depending on carrier
 Foreign owned aircraft any issues (Nauru owns the aircraft that flies to Norfolk Island
 Foreign crews any issues
 On-flying from NI to Aust by NZ citizens

I’d be pleased to hear about the issues associated with this change and some other perspectives. Post a comment

HEY ! - WHAT ABOUT THE NORFOLK ISLAND PRIVATE SECTOR ?

This week, Norfolk Island’s Chief Minister and Finance Minister make the pilgrimage to Canberra for talks with the Federal Minister responsible for Regional Australia – and Norfolk Island, Simon Crean.
Word on the street is that the talks will be short but it remains to be seen, how sweet.
In this first face to face meeting, Norfolk Island’s Chief Minister has indicated that he has no preconceptions about the direction these talks will take other than that they will focus on the short term issues.
The major short term issue for Norfolk Island is our level of debt and the mismatch between revenue and expenditure. One would expect that the Norfolk Island Government will be hoping for sufficient funds from the Commonwealth to meet current debt obligations and presumably a little more to provide a bit of breathing space.
The NIG has previously made mention of the preparation of a “fact book”. This will probably contain the numbers in support of “the pitch”. The Feds will have their own “fact book”

We can be sure that the NI Government will be anxious for it’s financial situation to be shored up, and we can be sure that this will include funds to pay Public Service salaries, pensions and of course, politicians.
What we can’t be sure of are the measures contained in the NIG Fact Book, if any, specifically included to address the short term issues of the private sector.
So far the NIG has not been active in informing themselves about the needs of the private sector.
Members of the Norfolk Island government have at times reflected on the need for the Tourism industry i.e. tours and accommodation, retail etc. to upgrade and to improve level and quality of service. Equally the private sector has put forward its views on how and where the public sector can improve its performance.
The public sector has largely been insulated from the economic downturn with most of the pain being borne by the private sector. The NIG continues to rely on a private sector which is absorbing higher costs and accepting lower returns for longer hours to keep the ship of Norfolk afloat.
The government is remiss in not having seriously engaged with the private sector prior to developing a recovery package. It can only be hoped that the government has been adequately informed through the informal contacts that tend to occur on Norfolk.

There is no doubt that Norfolk Island will be less of a burden on the Commonwealth if we can generate wealth on the island. This is the role of a healthy private sector and both parties should not be allowed to forget it.

CONSULTATION PROCESS ON NORFOLK ISLAND REFORMS UNDER WAY

The opening gambits in the process of re-aligning Norfolk Island with Australia began this week. As a member of the Norfolk Island Chamber of Commerce Executive, I participated in a meeting with the Administrator and Commonwealth Officers from Minister Simon Crean’s Department of Regional Development, and from the Department of Finance.
The officers were as professional as you would expect them to be, as familiar with the range of issues as they could be, and as open to input as you could hope they would be.

The meeting provided a useful opportunity to flag a wide range of issues, including, at the top of the list, airline services to Norfolk and the problems of Norfolk Air, the importance of Tourism growth to our economy, the need to pull back Norfolk Island’s involvement in some activities to reduce costs and improve services, particularly in the areas of Health, Social Security/Welfare and Education, and finally, the island’s debt position.
The Commonwealth commitment to regional Australia was emphasized along with the observations that Norfolk Island, in common with many other areas of regional Australia, has much to gain from its re-alignment with the Commonwealth

The immediate focus would appear to be on the here and now. This means addressing the financial position of the Island for the remainder of the financial year 2010/11.
Norfolk has substantial debt, a reduced cash flow and some costly long term commitments. Short term assistance is clearly vital, and the officers we met with acknowledged this necessity. Once they are in full knowledge of the facts of our position, they will brief Minister Crean, presumably prior to the Chief Minister going to Canberra on the 25th Nov.

Any expectation that Norfolk will be assisted to the extent of giving us a clean slate for 2011/2012 without rock solid commitment to long term change i.e. into the Australian Tax and Social Security system, would be delusional given the Australian domestic political situation and the Commonwealth’s current debt position. My words, but the message was clear.
The governance changes expressed in the Territories Reform Bill are important to the process of change and to giving us all renewed confidence in our system of government. The Bill has now been passed by the House of Representatives and is expected to go to the Senate and hopefully be passed by the senate before the weekend.

KAVHA World Heritage Area Signs

It's good to see that the Kingston & Arthurs Vale Historic Area, now World Heritage listed is going to get some signs. Something that will tell you that you have arrived in this area that is so important to the island and clearly - to the world.
Lets hope that the signs befit the status of the area and that they work in style and proportion. Let's hope that some taste tests have been applied.
I'd hate to think we would end up with something akin to an "EL Rancho KAVHA" some mission brown disaster, or something really kitsch.
Watch for the signs as in my experience it is very easy to get this sort of thing wrong and they can around for a long time.

Mozart just going through the motions

Norfolk Island's sewage system is well past its design life and is in need of testing to determine how well it's doing the job (no pun intended) While some music could definately drive you to a breakdown, a German company has discovered that the music from the Magic Flute and the Marriage of Figaro encourages bacteria to break down solid waste so maybe that approach can help us.
The German company Mundus is checking out the sound system which will replicate vibrations from Mozart's music and when combined with oxygen apparently helps break down sewage.
The company's founder commented that Mozart “transposed the universal laws of nature into his music”, and after all microbes are living things too. As a matter of fact, Mozart was supposed to have been inspired by a starling.
Sydney Water, not previously known for its musical appreciation, is monitoring the tests. According to Sydney Water there's no actual data, but they're prepared to try anything.
Apparently this new treatment method needs special speakers. Sub woofers sound about right but you have to ask, how do they discover this &^%&.

My favorite bumper sticker:

"Support bacteria; it is the only culture we have left."

Read more: http://www.digitaljournal.com/article/299652#ixzz1574Qf0ki

Same Sex marriage

According to a Galaxy Poll released last month, a growing majority of Australians - 62% - believe that same-sex couples should have the right to marry.
The Greens are continuing to build support in the Parliament for their Marriage Equality Amendment Bill which will enshrine the right for all couples to marry.
As the next step in this campaign the Greens have moved a motion in the House of Representatives calling on Parliament to acknowledge the widespread public support for marriage equality and asking MPs to consult with their constituents to see for themselves just how much community attitudes have changed. The motion will be debated in Parliament on Monday, November 15.

The Netherlands, Belgium, Norway, Spain, Canada and South Africa and many states in the United States have already legislated for marriage equality.

Here in Australia both the major parties are opposed to change but more and more, people like Anna Bligh and Mark Arbib, Warren Entsch and Mal Washer are calling for a progressive approach, amending the Marriage Act is the next logical step towards marriage equality.
The Greens are asking all Autralians to ask their local members to participate in the debate

Norfolk Island Tourism needs a kick along

Now that we are more engaged with the Commonwealth there could be a temptation to push for big ticket items to adress long standing infrastructure issues. Sure there is a place for that but the quickest was to get money circulating in the community is via tourism. So be it marketing or airfare pricing or a combination of both, that's where dollars will have an effect.

Be a part of the solution

Obviously the hottest topic in town on Norfolk is the announcement made by Chief Minister David Buffett in relation to our future relationship with Australia.
The inescapable conclusion to be drawn from this bolt from the blue is that Norfolk Island was, and remains, very close to flat broke.

It is also reasonable to speculate that the Chief Minister may have been faced with the real possibility that the Administration wages and pensions etc. could not have been paid in weeks ahead. Faced with the scenario of families with no pay packets in the Christmas period, and knowing that a combination of this and the traditionally low tourism period at Christmas could have totally collapsed the Island’s economy, the Chief Minister, in all probability, had no choice but to do what he did.
It is apparent that not everyone is happy about the Chief Ministers announcement however I suspect that they are in the minority given the gravity of the situation.

Like it or not, most of us will feel some degree of apprehension as to how the new arrangements will play out and over what time period. We will need now to turn our minds to gaining outcomes that will be best for all on Norfolk.
In the months or years to come there will be many meetings between politicians of both governments and officers of both governments. The Norfolk Government particularly will need constant reminding that we all have a stake in this.
The Commonwealth also has a responsibility to ensure that all who live on Norfolk Island are given every opportunity to express their views on any proposals put forward.
The Commonwealth must not abdicate its responsibility in this regard to the Norfolk Island Government on the basis that they are our elected representatives, that has been a major failing to date.
The Commonwealth should understand clearly that there are those in the Norfolk Island community who have the ear of government, who have always had the ear of government and who will be extremely focused on influencing the NIG to portray the outcome that they seek, as an outcome that will be good for Norfolk, when it is simply an outcome that is good for them. I would feel confident in saying that this is already happening.

In the lead up to this momentous change the Norfolk Island Government has not been honest with its constituents about the real state of the islands economy. It has painted a rosy picture about our prospects when there was no basis for optimism.
The decision to embrace the Commonwealth system has come pretty late in the day, and both governments must share responsibility for this. It is not good enough for the Commonwealth to say that the welfare of its citizens was the NIG responsibility and leave us to implode. Such an approach that would be acceptable in local government in Australia and one needs only look at the Northern Territory intervention to see that the Australian government can act unilaterally if it so chooses.

The way the future unfolds for us is something we should all be engaged in and it is naïve to assume that your interests will be considered if you do not actively participate in the process. It’s not the time to be a spectator.

Norfolk Island changes

Given the Chief Minister’s long standing support for Norfolk Island’s self governing status, and for the island to be as independent from Australia as possible within the constraints of the Norfolk Island Act, it is obvious that his government’s decision to join the Australia financial system, was the only decision possible. It is unfortunate that one of the most responsible decisions that this government has made, has been characterized by some as other than this.
What is important, now that the decision has been made, is that the process of negotiation begins, and we will hopefully get Norfolk moving once again.
This process of negotiation should involve the entire community.
This Norfolk Island Governments and its predecessors have not always acted in the best interests of the whole community because, cocooned in Kingston, they are often remarkably out of touch with reality.
Ask any struggling small business owner, single parent, a low income worker or, pensioner, when was the last time a member of the Norfolk Island Government really listened to your problems?, I mean really listened, as opposed to nodding while looking elsewhere and then heading off for a long lunch, coffee or to catch a flight.
Rest assured that in negotiating the way ahead, the NIG will continue to be overly influenced by well placed individuals representing their own interests which will not necessarily coincide with the broader community interest.
I would urge every member of the community to become engaged in this process as it unfolds and to make known the issues that are of concern to you and how you feel particular issues should be addressed.
The consultation process should include public meetings, focus groups working parties and formal submission opportunities, the whole gamut of consultation tools including Commonwealth officers based on Norfolk for extended periods in the months and years to come.
I would expect that the Commonwealth will establish such mechanisms and I would urge it to do so as soon as possible.

Commonwealth Parliamentary Association feedback

In his report on the Commonwealth Parliamentary Association (CPA) Conference in Kenya, the Deputy Speaker, Lisle Snell (Norfolk Islander 9/10) related a number of points from the conference as being relevant to Norfolk Island.

While many of these issues have been flagged locally ad nauseam, nothing apparently focuses the mind like a CPA conference half a world away.

The points taken from the conference by Mr. Snell are worthy of comment.

Firstly, in what looks like and attempt to justify Norfolk Island‟s plan to fix its waste management problem on the cheap with a homemade pit burner, we are told that Jersey (Channel Island) is not happy with its $100 million incinerator.

To put this in context, Jersey has a population of over 87,000, and its incinerator is a waste to energy facility that will provide electricity to 10,000 homes. Jersey‟s incinerator complies with EEC emission control standards, something which no pit burner does. There are orders of magnitude of difference here, in both the problem and the solution and while someone may have advised the NIG to use a Pit Burner in lieu of a proper incinerator, it most certainly wasn‟t the expert consultants (URS) hired by NIG for that purpose. URS examined a range of options for waste disposal, were paid around $60,000 for their work and provided a substantial report. 

Any serious effort to improve our WM practices, to keep our air and our beaches clean, won‟t be fixed with a pit burner.

We were also told that, “Nepotism is a concern, but unavoidable in small countries, and need not be a concern provided proper policy is followed”

Nepotism, defined as favoritism granted to relatives or friends with no regard to merit, is clearly avoidable. Proper observance of merit selection can prevent the reality of nepotism if not the perception of it. 

As for “proper policy”, the NI Administration needs considerable work to meet this millenniums public sector best practice standards in Human Resource policy.

Incidentally, Kenya‟s Prime Minister Raila Amolo Odinga, who formally closed the CPA conference is well practiced in the art of nepotism and cronyism. (google: Odinga, nepotism)

It‟s hard to decide if the next point should make us feel better or worse. “Small Governments suffer the same accusations of doing well, they must be corrupt, going bad, they must be incompetent”. The implication here is that politics is a thankless task, and it‟s probably true, but if politicians spent less time using taxpayers money for junkets to exotic locations, and more time attending to the business of government, they wouldn‟t need to sit around the pool in Africa or Bermuda or Jamaica (sites of previous CPA conferences) sucking on umbrella laden cocktails moaning about their public image.

Finally, CPA tells us to “Make all government contracts and results of building process public”. What a good idea. It appears that at last we can we look forward to a new era of transparency beginning with the posting of airline and fuel supply contracts on the web ASAP. 

Thank you CPA, best $20,000 we ever spent.