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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-09-23 Daily Xml
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Commissioner for Kangaroo Island Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (17:21): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

South Australia's Strategic Plan says:

Goal: We are known world-wide as a great place to live and visit.

Target 4: Tourism industry

Increase visitor expenditure in South Australia's total tourism industry to $8 billion and on Kangaroo Island to $180 million by 2020.

Target 40: Food industry

Grow the contribution made by the South Australian food industry to $20 billion by 2020.

Vision—Skilled and Sustainable Workforce: We value the contribution our regions make to our economic prosperity, home to agriculture, forestry and fishing industries as well as an expanding mining industry. These industries together contributed $6 billion to our economy in 2009-10. We want our regional communities to thrive through sustained growth while reaping the economic and social benefits of their hard work.

The seventh area of Government strategic priorities is: Clean green food as our competitive edge.

These statements have obvious relevance to the development of Kangaroo Island.

Kangaroo Island's international tourist recognition ranks with Barrier Reef, Uluru and the Sydney Opera House. The Economic Development Board recognises the opportunity this presents for South Australia. Additionally, building the Kangaroo Island brand on the back of the significant tourist recognition will help build the Island's emerging reputation as a premium agricultural producer. The Board also reviewed the significant economic and social sustainability issues facing Kangaroo Island in consultation with business and the local community. The Board examined issues including infrastructure pressures around electrical power capacity, distribution and reliability, waste, roads and the airport, as well as the costs of gaining access to Kangaroo Island for tourism and agriculture. This led to the Paradise Girt by Sea report that was based on the results of consultation and made recommendations on future strategies and directions for sustainable economic and social development for Kangaroo Island. The report proposed a co-ordinated and strategic response based around two headline targets:

(1) to double tourist income within a decade; and

(2) to double farm-gate income within a decade.

The Government announced a suite of measures from existing resources on 24 and 25 July 2011 totalling $18 million that focussed on key infrastructure improvements to harness the full potential of Kangaroo Island.

These included:

$8 million over four years to improve key roads

$5 million towards the development of a trail for a five day walk expected to generate 52 jobs

$1.7 million for stage 2 of the Seal Bay boardwalk upgrade

$1.2 million from the Regional Development Infrastructure Fund to Kangaroo Island Sealink, to help with the construction of a new passenger terminal at Penneshaw.

In addition, following a recommendation in the Report, the Kangaroo Island Futures Authority was established. In November 2011, the first meeting of the Kangaroo Island Futures Authority Advisory Board was held. The establishment of this Board was approved by Cabinet and was done on the recommendation of the Economic Development Board. The board reports to the Deputy Premier and is chaired by Raymond Spencer, Chair of the Economic Development Board.

Many State Government Departments and bodies deliver services to Kangaroo Island. They include Regional Development, Tourism, Local Government Relations, Environment and Natural Resources, Education and Further Education, Fisheries and Primary Industry, Native Vegetation, SA Water, Transport and National Parks.

The delivery of State Government services suffers from three interrelated major problems from a Kangaroo Island perspective:

(1) There is a lack of critical mass in any of these agencies that can be devoted to Kangaroo Island issues; and

(2) The delivery of services tends to be Adelaide or mainland focused; and

(3) There is a lack of any one or more networks joining up services with a Kangaroo Island focus.

The situation is exacerbated by the fact that there is a small population (c 4,000) meaning that local government struggles financially to deliver the necessary services, and there is tenuous critical infrastructure provision, notably electricity and sea transport.

The preferred solution to focus Government to better deliver for Kangaroo Island is the creation of a single Kangaroo Island authority that sits above the various State Government bodies responsible for service delivery and is not answerable to them, but rather to a Minister (however titled) responsible for Kangaroo Island. This authority will not replace local government but rather sit alongside it. The proposed authority is not an entire alternative governance model—local government must continue to function as a local democratic institution and as a recipient and administrator of Commonwealth Government grants.

There are many examples of governance and other legislated models that have been deployed in an attempt to achieve co-ordinated and timely delivery of government services, including to a particular region. They range from funding agreement schemes to management plans implemented by local and regional boards, precinct-specific statutory corporations to undertake and co-ordinate development work to statutory authorities with responsibilities and powers to develop regional plans for the delivery of services and monitor and drive the implementation of those plans. Several models have been considered to better support Kangaroo Island. The model of a statutory co-ordinating authority was considered most suitable to help achieve our goals and support Kangaroo Island.

The chosen vehicle is a Commissioner for Kangaroo Island. The Commissioner will be a statutory officer responsible for co-ordinating and using existing public servants and programs in existing Departments but with a regionalisation of policy formation and service delivery in accordance with a set of statutory functions. The Commissioner will have the power to establish local advisory boards as he or she sees fit. A principal function of the Commissioner will be to assist in any way with improving the local economy of Kangaroo Island, be it in the marketing of products, the development of the tourism economy or in any other way.

The Commissioner's principal administrative responsibility will be to develop management plans dealing with the delivery of Government projects and services to Kangaroo Island. These management plans must be the subject of detailed consultation with affected Departments, must accord with the legislated set of statutory functions, will be informed by local input, perhaps by local advisory boards (for which provision is made), and will be instruments approved by the Governor in Council and published in the Government Gazette. The Commissioner will be required to consult with the relevant Government departmental heads and the Minister will be responsible for solving any impasse. The Commissioner will also be required to set out strategies for consulting and engaging with any person or body (governmental or not) whose co-operation is required for the effective implementation of the proposals. At nominated commencement, these management plans will bind Government, but they will not have the status of Regulations, nor will they be disallowable.

The statutory principles that govern the functioning of the Commissioner will be:

(a) to improve the management, co-ordination and delivery of infrastructure and services provided by government agencies on Kangaroo Island; and

(b) to assist with improving the local economy on Kangaroo Island by, for example, assisting with the marketing of the Island or products from the Island and helping to create employment and other opportunities from tourism or other industry development programs on the Island; and

(c) to prepare, and keep under review, management plans and consistently with the functions of the Commissioner; and

(d) any other functions conferred on the Commissioner by or under this or any other Act or by the Minister.

To achieve these functions, the Commissioner will have the following powers and obligations (expressed in general terms):

(1) the power to require provision of information and assistance from relevant government agencies in a specified manner and within a specified timeframe;

(2) the obligation to report regularly to the Minister on the delivery of government services and progress towards achieving specified targets in accordance with gazetted management plans;

(3) the obligation to seek the views of affected Ministers, affected local advisory boards and affected local government authorities on draft management plans;

(4) the power to report the failure to provide requested information or assistance, and any unreasonable or unjustifiable failure to act consistently with a management plan in force, to the Minister responsible for the Act and, ultimately, the Premier, with the option of presenting copies of the report to the Parliament. This extends to the actions of any person or body, whether a government body or not, whose actions have frustrated or otherwise affected the implementation of a management plan.

The Commissioner will be obliged to make an annual report to Parliament.

Honourable Members may wish to note that the Bill was amended in another place, largely to mandate consultation with the Kangaroo Island Council on a variety of matters. These and other amendments were made at the request of the Kangaroo Island Council, which has passed a motion thoroughly and unanimously supporting the Bill as amended. It may also be noted by Honourable Members that a requirement of review by the ERD Committee of the Parliament has been added out of an abundance of caution.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure. In particular, a State authority is defined as—

(a) a person who holds an office established by an Act; or

(b) an administrative unit; or

(c) a council; or

(d) a regional development assessment panel or a council development assessment panel; or

(e) any incorporated or unincorporated body—

(i) established for a public purpose by an Act; or

(ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co-operatives, societies or other voluntary organisations); or

(iii) established or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act or an enactment); or

(f) a person or body declared by the regulations to be an authority to which this Act applies,

(but doesn't include a body or entity excluded by the regulations).

4—Interaction with other Acts

This clause provides that the measure applies in addition to other Acts and doesn't derogate from them.

5—Act binds Crown

The measure binds the Crown.

Part 2—Commissioner for Kangaroo Island

6—Appointment of Commissioner

This clause provides for the appointment of the Commissioner.

7—Terms and conditions of appointment

This clause provides 5 year terms of appointment for the Commissioner and sets out the other terms and conditions of the appointment.

8—Functions of Commissioner

The functions of the Commissioner are—

to improve the management, co-ordination and delivery of infrastructure and services provided by State agencies on Kangaroo Island;

to provide appropriate assistance to residents and businesses on Kangaroo Island in dealing with government agencies (with a view to ensuring co-ordinated delivery of infrastructure and services to such residents and businesses);

to assist with improving the local economy on Kangaroo Island;

to prepare, and keep under review, management plans in accordance with the provisions of Part 4 (and consistently with the functions of the Commissioner referred to in paragraphs • and •);

any other functions conferred on the Commissioner by or under this or any other Act or by the Minister.

9—Provision of information

This clause gives the Commissioner power to require information relevant to the performance of the Commissioner's functions from State authorities and imposes certain obligations on State authorities in relation to contracts of a prescribed kind.

10—Ministerial direction

The Minister may issue directions to the Commissioner (but the direction must then be included in the annual report of the Commissioner).

11—Appointment of acting Commissioner

The Minister may appoint an acting Commissioner.

12—Honesty and accountability

The Commissioner and any acting Commissioner are to be senior officials for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

13—Staff

This clause provides for staff for the Commissioner (by agreement with a Minister).

14—Delegation

This clause provides a delegation power for the Commissioner.

Part 3—Local advisory boards

15—Establishment of local advisory boards

The Commissioner may establish local advisory boards and must consult with a local advisory board in relation to each management plan or proposed management plan.

16—Functions of local advisory board

A local advisory board's function is to provide advice to the Commissioner on any matter referred by the Commissioner (in particular, management plans).

Part 4—Management plans

17—Preparation of management plans and amendments

The Commissioner is to prepare, and keep under review, management plans setting out—

(a) the proposals of the Commissioner in relation to the provision of infrastructure, the effective delivery of services and other matters relating to Kangaroo Island; and

(b) the priorities that the Commissioner recommends be pursued in order to implement the proposals; and

(c) strategies for consulting and engaging with persons or bodies whose co-operation is required for the effective implementation of the proposals.

This clause sets out the procedure for the preparation and variation of management plans by the Commissioner (including approval and consultation requirements in relation to proposed plans).

18—Effect of management plans

If a management plan is approved by the Governor, a State authority must endeavour, as far as practicable, to act consistently with the management plan. If the Commissioner is reasonably satisfied that a government agency has failed to act consistently, or to co-operate, with a management plan or that the actions of any other person or body have frustrated proposals included in a management plan or are otherwise likely to affect the implementation of a management plan, it may be reported to the Minister, the Premier and to Parliament.

Part 5—Miscellaneous

19—Annual report

The Commissioner must provide an annual report to the Minister, who must table the report in Parliament.

20—Review by ERD Committee

The ERD Committee must inquire into and report on the operation of the Act after 2 years and then every 4 years after that.

21—Regulations

This clause provides a regulation making power and requires consultation with the Kangaroo Island Council and the Commissioner in relation to any proposed regulations.

Debate adjourned on motion of Hon. A.L. McLachlan.

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