First Pacific Leader to Address Australia’s Parliament

Parliamentary Report by Fleur Hall, Parliament of Australia

Historic Speech by the Prime Minister of Papua New Guinea

On 8 February 2024, the Prime Minister of Papua New Guinea, Hon. James Marape, MP, gave an address in the Australian House of Representatives. At the start of proceedings, the Speaker, Hon. Milton Dick, MP, welcomed as guests the President of the Senate, Senator Hon. Sue Lines, and Senators, to the sitting of the House to hear the address.

Image credit: Parliament of Australia/AUSPIC.

After Mr Marape was announced by the Serjeant-at-Arms and escorted into the Chamber, the Australian Prime Minister, Hon. Anthony Albanese, MP, extended a welcome, on behalf of the government and the people of Australia, to Prime Minister Marape, Madam Marape and the delegation from Papua New Guinea.

Prime Minister Albanese, observed that next year is the 50th anniversary of Papua New Guinea’s independence, ‘a momentous day in the life of both our nations.’ He told Prime Minister Marape: ‘we embrace each other as equals. We learn from each other as neighbours. We are there for each other as mates.’ He ended his remarks by saying that Australia ‘will never forget what the people of Papua New Guinea did for us in the past. Let us never doubt what we can achieve together in the future.’

The Leader of the Opposition, Hon. Peter Dutton, MP, told the House he wholeheartedly supported the ‘hospitable’ words of Mr Albanese, calling Prime Minister Marape ‘a dear friend to Australia.’

The Speaker then invited Prime Minister Marape to address the House. Prime Minister Marape said that he was ‘deeply honoured’ to be the first Prime Minister of his country to address the Australian Parliament in Canberra. Reflecting on the upcoming anniversary of independence, Prime Minister Marape said: ‘How have the last 49 years been for Papua New Guinea? It is true that our challenges are many and our systems remain fragile. It is true that our people need greater empowerment in many aspects of their lives. But not all is bad. Nearly 50 years on, our democracy remains as strong as ever.’ He implored Australia: ‘do not give up on Papua New Guinea’, saying that ‘our shared modern history over a century…makes us uniquely related…one can choose friends, but one is stuck with family forever.’ He ended his address by saying ‘our set past cannot change, but it must become the tailwind to guide us into the collective future. Our future becomes more certain when we find common grounds to preserve and protect each other.’

The Speaker, on behalf of the House, then thanked Prime Minister Marape for his address and the President of the Senate and Senators for their attendance, and invited Prime Minister Albanese to escort Prime Minister Marape from the Chamber.

Prime Minister Marape is the first leader of another nation to give an address to the House from within the Chamber since 2020, and the first leader of a Pacific island nation ever to do so.

Presentation of the Parliamentary Leadership Taskforce Annual Report

Image credit: Parliament of Australia/AUSPIC.

On 7 February 2024, on the two-year anniversary of the adoption of the Set the Standard report, the Speaker of the House of Representatives, Hon. Milton Dick, MP, presented the Parliamentary Leadership Taskforce 2023 Annual report: update on the implementation of recommendations from the Set the Standard report. The report, which contained 28 recommendations, was preceded by an independent review, led by then Sex Discrimination Commissioner Ms Kate Jenkins, into the Federal Parliament’s workplaces.

The Speaker told the House that ‘today we recommit the Parliament to positive change.’ He said that while significant progress had been made, ‘the work towards truly respectful and inclusive parliamentary workplaces is ongoing.’ The Prime Minister said that he wanted ‘to see the culture here continue to change and improve…the more the Parliament looks like modern Australia, the better. It’s better for the culture and better for our democracy.’

In his statement, the Leader of the Opposition, Hon. Peter Dutton, MP, welcoming the progress that had been made to date, said that ‘whether we are an elected Parliamentarian, a political adviser or a public servant, we all serve the public, and our service is a privilege… Australians demand and expect of us higher standards, and we should offer nothing less in return.’

The Leader of the Nationals, Hon. David Littleproud, MP, the Leader of the Australian Greens, Mr Adam Bandt, MP, and the Member for Warringah, Ms Zali Steggall, MP (Independent) also made statements in connection with the report.

Death of Sitting Member: Peta Jan Murphy

On 6 December 2023, the Speaker of the Australian House of Representatives, Hon. Milton Dick, MP, informed the House of the death, on 4 December 2023, of Peta Jan Murphy, a Member of the House for the Division of Dunkley.

The Prime Minister, Hon. Anthony Albanese, MP (Australian Labor Party), moving a motion of condolence for Ms Murphy, said that ‘we offer our nation’s condolences to all those who had the great fortune of knowing Peta Murphy. Peta Murphy was special. We gather today as a Parliament to mourn a great loss to our Parliament. All of us in the Labor family have been left broken-hearted by the passing of our beloved Peta Murphy, and I appreciate that grief is keenly felt by many others in this place.’ The Prime Minister described Ms Murphy as ‘a fiercely loyal friend and colleague, a boss her staff adored; and a brilliant, funny, courageous and caring person who made this a better Parliament because she cared so deeply about representing her community, because she believed so passionately in the power and value and responsibility of government and because she worked so hard to make Australia a better country.’

The Leader of the Opposition, Hon. Peter Dutton, MP (Liberal National Party of Queensland) told the House that it was his ‘privilege to join the Prime Minister in honouring the life of Peta Jan Murphy.’ Mr Dutton said that Ms Murphy had ‘an unfaltering faith in our democratic system… [and] an unbreakable belief in the cauldron of Australia’s national conversation and in the power of ideas and robust debates to break through the wall of brute politicking.’ He said that ‘with Peta leaving us at only age 50, we all know she had so much more to say, so much more to contribute and so much more to do.’

Throughout the day, many Members spoke about Ms Murphy’s work before entering Parliament as a solicitor, barrister and public advocate; her success on the squash court including as a gold medallist at the Australian Masters, US Masters and World Masters Games; her work in the Parliament as Chair of the Standing Committee on Social Policy and Legal Affairs, in which she led an inquiry and tabled a report into the adverse social effects of online gambling, and its impacts on those experiencing gambling harm; her commitment to her constituents in Dunkley and her advocacy for a national registry for metastatic cancer patients. The Minister for Aged Care, Hon. Anika Wells, MP, perhaps summed up best what many observed that ‘what was finest about [Ms Murphy’s] character…was that she constantly found a way to take the sharpest circumstances that life presented her with and make them a gift for others.’

Contributions extended well into the evening, with Members on both sides marking the life and service of the Member for Dunkley. Just before 9.00pm, debate on the motion was adjourned and the resumption of the debate was made an order of the day for the next sitting, whereupon the sitting was suspended for a period of time as a mark of respect. The following day, on 7 December 2023, the motion was agreed to, all Members present rising in silence.

On 6 February 2024, the Leader of the Government in the Senate, Senator Hon. Penny Wong, by leave, moved a motion of condolence relating to the death of Ms Murphy. The Leader of the Opposition in the Senate, Senator Hon. Simon Birmingham, rose to associate the Opposition with the remarks of Senator Wong, and further contributions were made before the motion was agreed to, Senators joining in a moment of silence to signify their assent.

Earlier, on 3 February 2024, the Australian Government announced that AU$1.5 million would be provided to accelerate the collection of cancer stage and recurrence data in Australia, in response to the Breast Cancer Network Australia’s report Time to Count People with Metastatic Breast Cancer: A Way Forward. The Prime Minister said that ‘even in what turned out to be the final week of the late Peta Murphy’s life, she travelled to Parliament to help launch [the report]. Having this information in one place will make our screening and testing processes better to make sure we’re putting resources where it’s needed most.’ A by-election for the division of Dunkley will be held on 2 March 2024.

Death of Former Member and Governor-General, Hon. Bill Hayden, AC

On 28 November 2023, the Prime Minister, Hon. Anthony Albanese, MP moved a motion of condolence for Hon. Bill Hayden, AC, a former Governor-General of Australia, a former Leader of the Australian Labor Party, Minister and Member of Parliament for Oxley from 1961 to 1988. The Leader of the Opposition, two other Members and the Speaker, who is the current Member for Oxley, also made remarks. All Members present rose in silence before the debate was adjourned and referred to the Federation Chamber, where Members made speeches on the morning of 30 November 2023. That afternoon, the motion was returned to the House and agreed to, all Members present rising in silence.

Parliamentary Reports from the CPA Australia Region

New Chief Minister of the Northern Territory

On 19 December 2023, Hon. Natahsa Fyles (Territory Labor), announced she would be resigning as Chief Minister of the Northern Territory. In a press conference she told reporters that ‘upon further review of my personal interests, it became clear that I did not declare…a small shareholding in a company…which came from a BHP merger in 2015.’ Ms Fyles said the error in failing to declare the interest was ‘not intentional, but it is unacceptable.’ She remains the Member for Nightcliff. On 21 December 2023, the Member for Drysdale, Hon. Eva Lawler was sworn in as the Northern Territory’s 13th Chief Minister, following a meeting of the Labor caucus on 20 December. The Member for Gwoja, Hon. Chanston (Chansey) Paech, was sworn in as the Deputy Chief Minister. Ms Lawler is the Northern Territory’s third Chief Minister within 18 months. Mr Michael Gunner, Ms Fyles’ predecessor, announced his resignation while delivering the Northern Territory’s Budget on 10 May 2022.

New Premier of Queensland

On 10 December 2023, Hon. Annastacia Palaszczuk (Australian Labor Party), announced she would be resigning as Premier of Queensland and retiring as the Member for Inala, in Brisbane. Ms Palaszczuk was the 39th Premier of Queensland and was first elected to the Queensland Parliament in 2015. She was sworn in for a third term as Premier on 12 November 2020 and was one of the last leaders remaining, along with the Australian Capital Territory’s Chief Minister Andrew Barr, to have led a state or territory through the COVID-19 pandemic.

At a press conference, Ms Palaszczuk said that ‘standing up for the people of Queensland has been the honour of my life….I have fought the good fight, I have given everything, now is the time for me to find out what else life has to offer.’ She said that she had given the matter thought while on a recent holiday and that she had made the final decision while at a meeting of national Cabinet.

The Australian Prime Minister, Hon. Anthony Albanese, MP said on social media platform Twitter/X that Ms Palaszczuk ‘retires as a Labor hero, a three-time election winner, Australia’s longest-serving female Premier and – above all else – a champion for Queenslanders.’

On 15 December 2023, during a caucus meeting, the Deputy Premier and Member for Murrumba, Hon. Steve Miles, was elected unopposed as party leader and was sworn in as the state’s 40th Premier that afternoon. The Member for Woodridge, Hon. Cameron Dick, was sworn in as Deputy Premier. Mr Miles said that he would ‘work day and night to earn the trust of Queenslanders.’ The next state election for Queensland will be held later this year.

Australasian Study of Parliament Group – Annual Conference 2023 Held at the Parliament of Western Australia

The 2023 Annual Conference of the Australasian Study of Parliament Group (ASPG) took place from 27 to 29 September 2023. The conference was hosted by the Western Australia Chapter of the ASPG at the Parliament of Western Australia.

Established in 1978, the ASPG is a politically non-partisan body, focused on encouraging and stimulating research, writing, teaching and discussion about parliamentary institutions, particularly those of Australia, New Zealand and the South Pacific. The ASPG has a main Executive body and has established Chapters in all States and Territories of Australia and in New Zealand.

The annual conference brings together those with an interest in Parliament and parliamentary affairs, such as parliamentary officers, academics, staff and former and current Members of Parliament, and the media. Due to the COVID-19 pandemic, the last ‘in-person’ conference to have been held was in 2019.

The theme for the 2023 conference was ‘Freedom of Speech, Debate and Information’. One hundred and twenty delegates from Australia, New Zealand, Canada, the Cook Islands and the UK participated. The conference was formally opened by the Speaker of the Legislative Assembly of the Parliament of Western Australia, Hon. Michelle Roberts, MLA, and a welcome on behalf of the ASPG was given by Dr Isla Macphail, ASPG President and Clerk Assistant (Committees) at the Western Australia Legislative Assembly.

The conference featured two keynote speakers. Dr Arif Ahmed, MBE, inaugural Director for Freedom of Speech and Academic Freedom at the UK Office for Students, delivered his keynote speech live from London on the topic of ‘Arguing for Free Speech in the 21st Century’. Hon. Robert French, AC, who served as Chief Justice of Australia from 2008 to 2017, opened the second day of the conference with his keynote speech entitled ‘Your Freedom Ends Where My Nose Begins – But What if the Nose Moves?’ Additionally, guest speaker Nadine Strossen, New York Law School Professor Emerita and past national President of the American Civil Liberties Union from 1991 to 2008, presented a special address live from Los Angeles on the topic of ‘Free Speech: Why it Matters’.

During the two days, a range of presentations and panel discussions on the conference theme allowed participants to consider freedom of speech, information and the press from a variety of perspectives, and to engage in general discussion, pose questions, exchange ideas and share content from the various Parliaments and academic institutions represented.

An international perspective on freedom of speech was provided through the jurisdiction reports given by Liam Laurence Smyth, Clerk of Legislation at the UK House of Commons; Charles Feldman, President of the Canadian Study of Parliament Group and David Wilson, Clerk of the House of Representatives at the New Zealand Parliament.

Papers from the conference have been published in a special edition of the Australasian Parliamentary Review, the official journal of the Australasian Study of Parliament Group, available at www. aspg.org.au. Extracts from two of the papers at the conference – ‘Curating the Record: Hansard Editing’ and ‘Out of Order: Managing unparliamentary language in the Australian House of Representatives’ are also published in this issue of The Parliamentarian.

The 2024 ASPG Conference will be held in Wellington, New Zealand, from 2 to 4 October 2024, with the topic ‘Parliament’s resilience in a changing world’. See www. aspg.org.au for more details.

Third Reading Report: Australia

Third Reading Report by Fleur Hall, Parliament of Australia

Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023

Introduced on 14 June 2023 in the Australian House of Representatives, the Bill amends the:

• Crimes Act 1914 and Criminal Code Act 1995 to establish criminal offences for the public display of prohibited Nazi and Islamic State symbols and the trading of goods that bear a prohibited Nazi or Islamic State symbol; and establish criminal offences for using a carriage service for violent extremist material and possessing or controlling violent extremist material obtained or accessed using a carriage service.
• Criminal Code Act 1995 to expand the offence of advocating terrorism to include instructing on the doing of a terrorist act and praising the doing of a terrorist act in specified circumstances and increase the maximum penalty for the offence of advocating terrorism from 5 to 7 years imprisonment.
• Criminal Code Act 1995 and Legislation (Exemptions and Other Matters) Regulation 2015 to remove the sunsetting requirement for instruments which list terrorist organisations and bolster safeguards.

This Bill was introduced by the Attorney General, Hon. Mark Dreyfus, KC, MP (Australian Labor Party). The Attorney General told the House that the Bill ‘makes critical changes to the Commonwealth Criminal Code to support law enforcement in their efforts to manage and protect the community from those planning, preparing and inspiring others to do harm.’ He observed that ‘until recently, it would have been unthinkable that Neo-Nazis would burn crosses and openly chant white supremacist slogans in a popular national park or perform Nazi salutes in the front of the Victorian Parliament’ but that ‘over the last several years, we have seen these incidents more and more.’

The Attorney-General explained that the Bill makes it a criminal offence to publicly display prohibited hate symbols: the Nazi Hakenkreuz, the Nazi double sig rune and the Islamic State flag, and to trade items bearing these symbols. The Attorney-General said that extremist insignia ‘are an effective propaganda tool because they are easy to remember and understand. They also transcend language and cultural divides’ and that the public display offence ‘is designed to stamp out the harassment and vilification of innocent Australians whose communities are callously targeted by Nazi, Neo-Nazi and Islamic State supporters.’ He added that the offences had been carefully considered and crafted so as not to capture legitimate uses of these symbols, and that the Bill expressly excludes conduct that is done for a religious, academic, educational, artistic, literary, scientific or journalistic purpose. The Attorney-General concluded by saying that he found it ‘almost unthinkable that that this legislation is even necessary…but we need to make it clear that we will not tolerate this kind of conduct.’

The Manager for Opposition Business and the Member for Bradfield, Hon. Paul Fletcher, MP (Liberal Party of Australia), noting the Coalition’s support for the Bill, said ‘there is no place in our civil society for symbols which are directly linked to one of the most hateful regimes in history. A million Australians served in the fight against the Nazis’ race-based ideologies and those of their allies throughout the Second World War, and 39,600 Australians paid the supreme sacrifice. The public display of Nazi symbols dishonours their memory and diminishes every Australian.’ But he argued that ‘the Bill has taken too long and it falls short’ and said that the Coalition would be moving amendments to ‘improve’ the Bill, the effect of which would be to ‘prohibit the public display of the Nazi salute in the same way the Bill prohibits the public display of the Nazi swastika and the Nazi double sig rune.’

Also ‘wholeheartedly’ supporting the Bill was the Member for Goldstein, Ms Zoe Daniel, MP (Independent) who said that, in relation to banning the public display of Nazi salutes, she was ‘pleased that the Government has come around to including this in the legislation, despite initial hesitancy around jurisdiction.’ She added that she ‘would further urge the government to consider…mechanisms to deal with hate speech online’ noting that she had been informed of the distribution in her electorate of Neo-Nazi flyers ‘laden with antisemitism that vilified current and former MPs with language redolent of the catchphrases of Nazi Germany in the 1930s and 1940s.’ Ms Daniel observed that ‘the horrors that led to the Holocaust were enabled, in part, by the Nazi regime’s sophisticated harnessing of the popular media of the time: radio, film and print. The digital landscape of the 21st century is far more complex, enabling evil actors not just to spout their extremist invocations but to interact with each other and to seduce those vulnerable to their conspiracist siren songs.’

During consideration in detail, 34 Government amendments were moved, which the Attorney-General explained would implement the recommendations of the advisory report of the Parliamentary Joint Committee on Intelligence and Security (PJCIS). The amendments, all agreed to, included making it a criminal offence to publicly perform the Nazi salute and removing the express reference to the Islamic State flag from the definition of prohibited symbol for the purposes of offences for the public display of and trade in items that bear a prohibited symbol. The Attorney-General said that the latter addressed concerns raised by the Muslim community, and accepted by the PJCIS, that the shahada and the seal of the Prophet had been misappropriated by a terrorist organisation. The Bill was read a third time on 30 November 2023.

The Bill, introduced in the Australian Senate on 4 December 2023, progressed very quickly through the Chamber, as a limitation of debate under Standing Order 142 was agreed to as part of a variation to the routine of business, which had the effect of limiting Senators’ opportunities to speak on the Second Reading.

During the Committee of the Whole debate, on 6 December 2023, detailed amendments were moved by Senator David Shoebridge (Australian Greens), Senator Michaelia Cash (Liberal Party of Australia) and Senator Malcolm Roberts (Pauline Hanson’s One Nation). None were agreed to. The Bill was agreed to and read a third time. The Bill received royal assent on 11 December 2023.

Ministers of State Amendment Bill 2022

This Bill was introduced in the House of Representatives on 1 December 2022. It amends the Ministers of State Act 1952 to require the Official Secretary to the Governor-General to publish a notifiable instrument on the Federal Register of Legislation to advise that the Governor General has chosen, summoned and sworn an Executive Councillor to the Federal Executive Council, appointed an officer to administer a Department of State of the Commonwealth, directed a Minister of State to hold an office or has revoked any of these positions.

The Attorney-General, Hon. Mark Dreyfus, KC, MP (Australian Labor Party), told the House that the Bill ‘provides for greater transparency and accountability in Commonwealth administration. It will ensure the Australian people are able to access information related to the composition of the Federal Executive Council, those appointed to administer certain departments of state, and the high offices that Ministers of State hold.’

He explained that the reforms were being made in response to the recommendations of the ‘Report of the Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments’, led by former High Court Justice, Hon. Virginia Bell, AC. The Attorney-General said that the ‘genesis of the Bell inquiry stemmed from media reports that the former Prime Minister, the Member for Cook, had been appointed to administer multiple portfolios during 2020 and 2021 – namely, the Departments of Health; Finance; Industry, Science, Energy and Resources; Treasury; and Home Affairs – in addition to his appointment to administer the Department of the Prime Minister and Cabinet.’

The Member for Hume, Hon. Angus Taylor, MP (Liberal Party of Australia) said that the Opposition ‘supports this Bill…[and] will always support sensible legislation that is put before this Chamber.’ He observed that the Bill was ‘consistent with recommendation one of the Bell inquiry’ in requiring ‘the making of a notifiable instrument as soon as practicable after the Governor-General chooses, summons and swears in or revokes the membership of an Executive Councillor under section 62 of the Constitution; appoints or revokes the appointment of an officer to administer a department of state under section 64 of the Constitution; and directs that a Minister of State hold an office under section 65 of the Constitution or revokes such a direction.’

The Member for Kooyong, Dr Monique Ryan, MP (Independent), said that ‘responsible government is the foundation of our system of parliamentary democracy. The principle that Ministers are responsible to Parliament and that Parliament is responsible to the people is part of our great British constitutional heritage. It’s one of the features of our parliamentary democracy that distinguishes us from the United States and from many European democracies.’ She said that ‘the most startling breach of responsible government occurred in a 14-month period from March 2020 to May 2021, when the Member for Cook, acting as the Prime Minister, was secretly appointed to administer five departments of state in addition to that of the Prime Minister and Cabinet. These appointments were not disclosed to the Parliament or to the public. The secrecy of these appointments has been widely condemned.’ In commending the Bill to the House, Dr Ryan said ‘my Kooyong constituents deeply value our rich British parliamentary heritage, our constitutional conventions and our system of parliamentary democracy. They want their representative to uphold and protect the tenets of responsible and transparent government.’

Among many contributions in the debate from the Australian Labor Party was that of the Prime Minister, Hon. Anthony Albanese, MP, who said that ‘until the extraordinary revelations last year, I could not have imagined that this legislation… would be needed.’  The Prime Minister told the House that ‘we should never lose sight of here is this one simple fact: government belongs to all Australians. Our democracy belongs to all Australians, and it is such a precious thing. Together, we have carefully nurtured and strengthened it, standing on the shoulders of the generations that have gone before us. It is resilient, but it is not impervious and it is not invincible. If we ever want to be reminded how vulnerable even the most venerable old democracies are, all we need to do is to look around the world. We have seen it overseas, not the least of which was the assault on the Capitol Building in the United States. We cannot take our democracy for granted.’ The Prime Minister said that the legislation was needed ‘not because I think there will be someone who will come along and think that it’s a good idea to appoint themselves to multiple Ministries without telling anyone, but because we thought that would never happen in the first place.’

The Bill was read a third time on 19 June 2023 and introduced in the Senate the same day.

On 17 November 2023, a limitation of debate under Standing Order 142 was agreed to as part of a variation to the routine of business, which had the effect of limiting Senators’ opportunities to speak on the Second Reading. As a consequence, the question on the Second Reading, which was agreed to, was put that afternoon, and then the Bill was read a third time. The Bill received royal assent on 28 November 2023, almost a year after it had been introduced.