Joint Statement - Leaders Forum Communique

29/8/03

LEADERS FORUM AUGUST 29, 2003 COMMUNIQUE

Meeting in Canberra today, the Premiers and Chief Ministers reached the following decisions:
Energy Market Reform
Energy market reform remains a high priority for State and Territory governments. Premiers and Chief Ministers welcomed the work that Energy Ministers, through the Ministerial Council of Energy (MCE), since last December.
State and Territory Leaders generally endorsed the recommendations of the MCE report. In particular, Premiers and Chief Ministers agreed in principle to the establishment of two new statutory commissions from July 1, 2004, to be funded by an industry levy, with the Australian Energy Market Commission (AEMC) having responsibility for rule making and market development and the Australian Energy Regulator (AER) having responsibility for market regulation, with the exception of Western Australia. State and Territory Leaders also agreed that the ministerial Council on Energy develop an agreed national regulatory framework, including functions to be transferred, and that it be considered by COAG in 2004 for approval prior to implementation. The matter or retail pricing is a matter to be determined on a bilateral basis between States and the Commonwealth.
State and Territory Leaders welcome these initiatives that the MCE has identified to 2006 including a work program in relation to transmission demand-side participation and gas penetration issues.
Premiers and Chief Ministers confirmed that under the Energy Ministers' proposal the Australian Competition and Consumer Commission would retain responsibility for competition regulation and competition-related code change authorisations under the relevant provisions of the Trade Practices Act 1974.
While Premiers and Chief Ministers acknowledged that progress had been made in a number of key areas, it was agreed that a range of policy issues remain to be resolved if the benefits of energy market reform are to be fully realised. All governments pledged to continue to work co-operatively on these issues.
Natural Disasters
Natural disasters such as floods, bushfires and tropical cyclones cause more than $1 billion damage each year and seriously disrupt communities across Australia. In 2001 COAG commissioned a review of Australia's approach to dealing with natural disasters. The review concluded that current arrangements could be improved and recommended a shift in focus towards cost-effective, evidence-based mitigation, thus moving beyond response and reaction, towards anticipation and mitigation.
State and Territory Leaders have agreed in-principle to the reform commitments and recommendations in the review report, Natural Disasters in Australia: Reforming Mitigation, Relief and Recovery Arrangements.
In agreeing to the adoption of the report recommendations, State and Territory Leaders noted that further work on the reforms may result in the identification of alternative approaches to some of the commitments and recommendations, including greater emphasis on a 'self reliance' philosophy to encourage businesses and individuals to continue to manage the normal risks of disasters and downturns through insurance and from their own resources.
Premiers and Chief Ministers agreed that an augmented Australasian Police Ministers' Council should be responsible for the implementation of the identified reform commitments and recommendations. Premiers and Chief Ministers envisaged that membership of the Australasian Police Minister's Council be extended to include Ministers from those jurisdictions where portfolio responsibility for emergency management and natural disaster relief is not held by the Police Minister. Although the reform work may involve areas which are the responsibility of other Ministerial Councils, all States and Territories have agreed that the Australasian Police Ministers' Council, augmented from time to time by other relevant Ministers, is the most appropriate forum to lead the reforms.
A major outcome of the Review is a new Disaster Mitigation Australia Package, which aims to create safer and more sustainable Australian communities and a reduction in the risk, damage and losses arising from future natural disasters. This package would bring the total funding contributed by each level of government for disaster mitigation projects over the five years of the program to over $100 million The Package also includes commitments to:

• reforms to statutory land use planning, development and building controls to mitigate against natural disasters;

• the use by all jurisdictions of agreed consistent risk assessment methodologies; and

• a national framework for natural disaster data collection and research.

Bushfires Inquiry
State and Territory Leaders reiterate their commitment to co-operate with the COAG Inquiry on Bushfire Mitigation and Management. However, State and Territory Leaders expressed their displeasure at the unilateral action of the Prime Minister in establishing a non-expert House of Representatives Inquiry to be conducted without any reference to the States and Territories.
Indigenous Child Protection
While recognising that child abuse and family violence are problems in the wider Australian community, it is evident that the scale of abuse and its tragic consequences are particularly acute for Indigenous people.
State and Territory Leaders agreed that solutions can lie within indigenous communities themselves and that Governments have a role in enabling the development of local solutions. Leaders therefore approved the establishment of collaborative approaches between the Aboriginal Community and individual States and Territories to support the efforts of indigenous leaders and communities to combat Indigenous child abuse and family violence.
Leaders noted, in particular, the March 2003 statement by the ATSIC Board of Commissioners and declaring that family and sexual violence is not part of Aboriginal and Torres Strait Islander culture and that indigenous people must themselves take action to address family violence issues.
Leaders noted the paper prepared by COAG Senior Officials on Indigenous Child Protection and endorsed the following national principles for addressing indigenous family violence and child abuse:

• protecting people from violence and abuse is of paramount concern;
• addressing family violence and child abuse requires a genuine and equal partnership between Indigenous communities and all levels of Government;
• Indigenous people and communities must be supported and resourced to take control of their lives, develop local solutions and regain responsibility for their families and communities;
• strong leadership in Indigenous communities and in Governments is essential;
• governments need to work in new and creative ways and cut across bureaucratic boundaries - policy, program and service flexibility and responsiveness is central to success.

All States and Territories are committed to working with indigenous communities to develop solutions to local issues as a matter of priority. Leaders agreed that a meeting between senior officials from each jurisdiction, including inviting the Commonwealth, would be held before November 2003 to:

• progress collaborative approaches between the Commonwealth Government and each State and Territory, building on existing community-led approaches.

Research involving Human Embryos
State and Territory Leaders noted progress in implementing the national regime to ban human cloning and strictly regulate research involving human embryos. The Federal Government, and those of New South Wales, Victoria, Queensland and South Australia have all passed legislation. Heads of governments will sign an Intergovernmental Agreement that will ensure this legislation remains nationally consistent. Leaders also noted the progress of the National Health and Medical Research Council (NHMRC) Licensing Committee in implementing the licensing and regulatory regime created under the legislation and establishing a strong compliance monitoring capability. In addition, the NHMRC is currently revising its Ethical Guidelines on assisted reproductive technology, which will be implemented after they have been finalised, late in 2003.
Two expert reports were prepared for COAG on matters relating to research involving human embryos. The first report, prepared by a subcommittee of the Australian Health Ethics Committee of the NHMRC, the Committee for the Review of Ethical Guidelines for Assisted Reproductive Technology, discussed protocols to prevent the creation of embryos for the purposes of scientific research. The second report, prepared by the NHMRC, considered the adequacy of supply and distribution for research of excess assisted reproductive technology embryos which would otherwise have been allowed to succumb.
Having considered these reports, Leaders agreed that the restriction on the use of excess assisted reproductive technology embryos for destructive research created after 5 April 2002 should be lifted as soon as the revised Ethical Guidelines are implemented. (South Australia and Tasmania intend to retain the 2005 date). In making this decision, Leaders noted that there is robust regulatory regime in place and that the Licensing Committee has made excellent progress in establishing its monitoring and compliance role - progress which will be even further advanced when the revised Guidelines have been put in place. Leaders are fully confident that these measures will provide the strict safeguards that the Australian community has demanded.
Greenhouse
State and Territory Leaders agreed that a new national approach on greenhouse will assist Australia meeting its Kyoto Protocol target and ensure Australia is well placed to contribute to future international efforts to reduce greenhouse gas emissions. There is also a need to position Australia for the transition to a carbon constrained global economy over the medium to longer term by building on its existing competitive strengths and facilitating the adoption of new and emerging technologies and practices.
Premiers and Chief Ministers agreed that COAG should consider at its first meeting in 2004, a detailed assessment of issues (including impacts) and options with a view to agreeing a new national approach to greenhouse.
National Counter-Terrorism Committee
State and Territory Leaders noted Commonwealth, State and Territory collaboration has been a key factor in strengthening Australia's capacity to respond to terrorism with the increased risks post September 11 and the Bali bombing. Premiers and Chief Ministers remain committed to strengthening this collaboration in the work ahead.
State and Territory Leaders welcomed the first annual report of the National Counter-Terrorism Committee (NCTC). The NCTC was established on October 24, 2002 under the Intergovernmental Agreement on Australia's National Counter-Terrorism Arrangements. Leaders noted the report's coverage of developments and improvements in counter-terrorism coordination and preparedness across all jurisdictions, and further areas of counter-terrorism capability that are being progressed. Leaders also agreed that, in light of the continuing terrorist threat to Australia and Australians overseas, counter-terrorism continues to be a key priority issue for governments and for industry.
Once again, State and Territory Leaders pledge their wholehearted support and co-operation in the fight against terrorism. As we have with Hezbollah, we will continue to support the Commonwealth on other organisations.
Mass Casualty Events Involving Australians Overseas
State and Territory Leaders reviewed the Australian response to the bombings in Bali on October 12 last year and agreed that as a matter of urgency, the lessons learned from the Australian response to that incident be included in specific contingency planning for any future response to mass-casualty events involving Australians overseas. Premiers and Chief Ministers noted work being done to improve coordination arrangements for overseas incidents for health personnel by the Australian Health Disaster Management Policy Committee, and considered this work should be expanded. Existing well practised and proven disaster response plans have a largely domestic focus and Leaders agreed that the lessons learned from the Bali bombings should be formalised into national response arrangements no later than June next year.

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