REPORTS OF OVERSEAS TRAVEL UNDERTAKEN BY MEMBERS OF PARLIAMENT FUNDED BY THE PARLIAMENTARY TRAVEL ALLOWANCE
FOR SEVEN MONTHS ENDED 31 MARCH 2014 REPORTS OF OVERSEAS TRAVEL UNDERTAKEN BY MEMBERS OF PARLIAMENT FOR SEVEN MONTHS ENDED 31 MARCH 2014 FUNDED BY THE PARLIAMENTARY TRAVEL ALLOWANCE
MEMBERS OF PARLIAMENT PARLIAMENT TRAVEL - PARLIAMENTARY TRAVEL ALLOWANCE
J QUIGLEY MLA (M) 06-0cl-13 11-0cl-13 BOSTON ATTENDED INTERNATIONAL $15,282 BAR ASSOCIATION CONFERENCE.
I BLAYNEY MLA (M) 02-Nov-13 08-Nov-13 INDONESIA GAIN UNDERSTANDING $3,852 OF INDONESIA'S ECONOMY, CULTURE AND INDUSTRY SECTORS.
D NALDER MLA (M) 03-Nov-13 08-Nov-13 INDONESIA GAIN UNDERSTANDING $5,044 OF INDONESIA'S ECONOMY, CULTURE AND INDUSTRY SECTORS.
C HATTON MLA (M) 03-Nov-13 08-Nov-13 INDONESIA GAIN UNDERSTANDING $3,545 OF INDONESIA'S ECONOMY, CULTURE AND INDUSTRY SECTORS.
N NORBERGER MLA (M) 03-Nov-13 08-Nov-13 INDONESIA GAIN UNDERSTANDING $5,078 OF INDONESIA'S ECONOMY, CULTURE AND INDUSTRY SECTORS.
P WATSON MLA (M) 03-Nov-13 15-Nov-13 FRANCE ATTENDED ARMISTICE DAY $2,478 CEREMONY AS THE GUEST OF MAYOR KUMM.
HON N GOIRAN MLC (M) 04-Nov-13 11-Nov-13 CANADA PARTICIPATED IN LEADERS $3,926 FORUM AND SYMPOSIUM HOSTED BY THE EUTHANASIA PREVENTION COALITION.
HON P EDMAN MLC (M) 10-Nov-13 12-Nov-13 INDONESIA ATTENDED A CONFERENCE $4,643 HOSTED BY THE INDONESIA AUSTRALIA BUSINESS. COUNCIL.
HON J BOYDELL MLA (M) 07-Dec-13 18-Dec-13 LONDON ATTENDED 7TH ANNUAL $8,624 PUBLIC SECTOR REFORM SYMPOSIUM.
HON L BEHJAT MLC (M) 09-Dec-13 16-Dec-13 LONDON ATTENDED 7TH ANNUAL $11,986 "PUBLIC SECTOR REFORM SYMPOSIUM.
B JOHNSTON MLA (M) 10-Jan-14 22-Jan-14 INDONESIA JAVA FAMILIARIZATION TOUR. $7,799
M QUIRK MLA (M) 12-Jan-14 22-Jan-14 INDONESIA JAVA FAMILIARIZATION TOUR. $3,885
P TINLEY MLA (M) 12-Jan-14 20-Jan-14 INDONESIA JAVA FAMILIARIZATION TOUR. $7,343
J FREEMAN MLA (M) 12-Jan-14 22-Jan-14 INDONESIA JAVA FAMILIARIZATION TOUR. $7,825
R COOK MLA (M) 12-Jan-14 22-Jan-14 INDONESIA JAVA FAMILIARIZATION TOUR. $7,800
HON L BEHJAT MLC (M) 18-Jan-14 02-Feb-14 ISRAEL MEET WITH MEMBERS OF $11,664 PARLIAMENT FROM ISRAEL AND PALESTINIAN AUTHORITY, VISITS TO NON-GOVERNMENT ORGANISATION'S AND UNITED NATIONS ORGANISATIONS.
HON A HA YDEN MLC (M) 28-Feb-14 03-Mar-14 SINGAPORE BUILD ON CURRENT TRADE $4,140 RELATIONSHIPS BETWEEN SINGAPORE AND WESTERN AUSTRALIA AND FACILITATE MEETINGS FOR FUTURE TRADE AND TOURISM OPPORTUNITIES.
TOTAL FOR PARLIAMENT TRAVEL -IMPREST SYSTEM VISITS: 17 $114, 914 Department of Premier & Cabinet Dumas House 2 Havelock Street WEST PERTH WA 6005
Attention: Laurie Bin'ell
Dear Sir
INTERNATIONAL TRAVEL IMPREST REPORT ATTENDANCE AT THE INTERNATIONAL BAR ASSOCIATION CONFERENCE BOSTON U.S.A. - 6 to 11 OCTOBER 2013
At the begilming of the 38th Parliament the Premier made a statement to the Assembly stating that he was changing the imprest rules for intemational travel so as to discourage members using international travel to go on aimless sightseeing tours or lines of enquiry.
The Premier stated that he wanted to positively encourage members to travel internationally to attend sltuctured conferences in the area of their parliamentary responsibility.
Accordingly, as the Shadow Attorney General for Western Australia, I cannot think of a more worthwhile imprest trip than to travel to the International Bar Association Conference in Boston, the theme of which was to examine human rights and the health of the plinciples enshrined in the Magna Carta 800 years after the signing of that document.
Having obtained the prior approval ofthe Premier of Western Australia, the Hon. Colin Bal'llett MLA, to undertake international travel, I attended the Intemational Bar Association Annual Conference held in Boston, Massachusetts.
I attended events on all six days of the conference.
The conference was held between Sunday 6 October 2013 and Friday 11 Octobel' 2013.
In accordance with the Premier's prior approval I claimed accommodation allowance for the duration of the conference (5 to 10 October) and met my own accommodation expenses for 11 Octobel' 2013.
All claims by me and approvals by the Premier have been made strictly in accordance with the published guidelines.
I attach a copy of the Intemational Ba!' Association's Certificate of Attendance.
In addition to the legal sessions conducted between 7 and 11 October 2013, I attended the opening sessions of the conference held on 6 October 2013, which did not constitute legal instmction, however, the official opening address of the Chairperson of the International Bar Association, Mr Michael Reynolds, outlined the plans and priorities fol' tile fm1her of the Association.
PO Box 2024 CLARKSON WA 6030 kM OFFICll: SUl'l'E 116, OCEAN Kr,ys SHOPP1NG CENTRE, 36 OCEAN KEYS BOULEVARD, CLARKSON WA 6030 (Opposile C/arksoll Libml)~ PH: 9407 8600 FA.X: 9407 8644 E,tAlL: [email protected],gol'.au 2
The themes of the President's address were that the IBA was focusing on developing its presence in the emerging economies of Asia, AfHca and Latin America.
Mr Reynolds also noted that the IBA has been advancing its human rights initiatives around the world, giving special attention to the impact of climate change on disadvantaged populations, the effects of new technology on privacy rights and human trafficking.
The point was made that the IBA is uniquely placed to address these issues as it brings together the leading legal experts from around the world.
Intemationallegal experts who addressed the conference were; U.S. Supreme Court Justice, StephenBreyer, fonner Justice of the High Court of Australia, Michael Kirby QC, world renowned economist, Mr Paul Volcker, Professor Jolm Ruggie, author of the United Nations guiding principal on hllman rights, together with leading lawyers from various jurisdictions around the world.
Following Mr Reynolds inspirational opening speech was an address by Dr Madeleine Albright, the former U.S. Ambassador to the United Nations, and the U.S. Secretary of State.
Dr Albright spoke about her parents having fled Warsaw, Poland, just prior to its decimation by Hitler's atmy. Escaping first to the United Kingdom and then immigrating to the U.S.
Dr Albright noted that during the span of her lifetime she witnessed many abuses of human rights on an international scale and lauded the Intemational Bar Association's focus on the protection of human rights around the world, in particular developing economies and new countries, not steeped in the tradition of the IUle oflaw.
Dr Albright gave great importance to the vigilance of ihe protection of human rights in developed c01mtries where governments react to challenges such as tenorism by diminishing the rights of individuals, using impr!somnent by executive action rather than subject to the IUle oflaw.
She stressed to the conference that every time human rights were diminished by govenunents in the face of challenges to 01ll' democracy such as terrorism, then tbe tel1'0rists achieve their goals byundennining the IUle oflaw to respond to threats. We should have confidence in the robustness of our democracy and strength of our legal systems to meet these challenges to our democracies within the application ofthe rule oflaw.
On Monday Illoming 7 October I attended an IBA showcase session on "HUll/an Traffic: Modem Sravery".
The lead speaker for this session was Ms Laurel Bellows, the immediate fonner President of the American Bar Association and included Ambassador Luis Debaca ofthe U.S. State Department's Office to combat trafficking in persons, Baroness Helena Kennedy QC of the London Bar and Co-Chair ofthe Human Rights Institute and Gopal Subramanium, a former Attol'l1ey Genera I from India.
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The session comprised discussion about recent developments between private individuals, private institutions, corporations, governmental agencies, NGO's and viewpoints from trafficked people themselves.
It was revealed during the sessions that profits ft'om human trafficking sit just below the profits ft'om the dlUg trade and human trafficking is globally estimated to generate $32 billion annually.
Ms Bellows set out 5 key points to combat human trafficking:
I. A uniform minimum law to punish captors; 2. Education of first responders to recognise a victim who does not immediately self identify; 3. TIle promUlgation of business conduct standards promoting a zero tolerance approach to slave labour; 4. Education of employees to understand the problem and reporting, including guidelines 01' employment manuals; 5. National awareness campaigns, as many members of the community do not understand how rampant slavery is or how many lives it permeates.
Ms Bellows also discussed the Palerl1lo Protocol, which is the most comprehensive and important legislation on human trafficking.
It was stressed by Mr Gopal Subramanium, the former Solicitor General ofIndia, that India has a first class constitution which expressly prohibits htlman trafficking; however, for the last 60 years successive govemments in India have looked the other way and not taken action against those involved in this trade.
The fonner Solicitor General concluded: "I think this is primaty proof that the State is actively collaborating in this industly".
Mr Subramanium, stated that not only was not enough being done to legislate the PalerlJlo Protocols into domestic legislation, but there had to be sanctions, both economic and political, against any country that fails to honour these protocols against human trafficking.
On Monday aftcl'IIoon I attended an IBA showcase event entitled "Hullul/I RIgltts at 65: . Hale alld Hearty 01' III Need ofResflscitation".
The speakers included Ambassador Hans Corell, fonner Under Secretary General for Legal Affairs and the Legal Counsel for the United Nations in Stockholm, Baroness Helena Kelmedy QC, a member of the House of Lords and Barrister in London, the HOIl. Justice Michael Kirby, former Justice of the High Court of Australia, Justice Robelt Shmp, Court of Appeal for Interior and other panellists.
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The theme of the session was that the Universal Declaration of Human Rights was declared and made by the United Nations in 1948 and was the first international recogl1ition that all human beings had TIlI1damental rights al1d freedoms.
The session was an examination of how those enshrined human rights and freedoms are governed in the 21 SI Century, 65 years after the declaration.
It was noted that the declaration itselffol1ns the basis for a 1V0rld built on peace, justice and fteedom.
Abuses of human rights increased worldwide in a time when the world is seeing the biggest movement of refugees across inte1'l1ational borders.
Also undermining human rights is govennnental response to perceived terrorist threats and "the war on terror" where governments sees it as a priority to secure the safety of its popUlation the need to detail without trial people sllspected of "terrorist activity" and deported often to lands where torture is practised.
Jnmany parts of the world and countries who are signatories to the declaration still practise barbaric acts of stoning, child executiol1 and the death penalty a1l justified under the banner of "cultural essentialism".
We have also seen the United States and other countries practice "extraordinary rendition" and the use of secret prisons beyond the reach ofthe jurisdiction of the United States courts.
We are witnessing a time where refugees are left outside of a State's recognition and sometimes these people do not even have identity papers so they call1lot identify themselves as being a citizen of any State in particular and are open to harassment, imptisonment without trial and deportation to countries which practice torture.
It was stressed that we as lawyers need to make the argument that these encroachments on to very basic human rights are not just happening in the developing world but at our own door step.
Baroness KeJmedy said that it did not matter if you were a criminal 01' commercial lawyer it is important for all lawyers to make the case and to make it vocally that human rights must be respected and by doing so breathe life back into the Declaration of Human Rights.
Baroness Kelllledy also said that it was an obligation that befalls all lawyers not matter the sphere they practice in, to make a robust argument against gove1'l1ment who try to renege on human rights obligations and explain that it is not good enough.
It was stressed that the purpose of the Declaration of Human Rights is to provide a template of rights that can be used across an legal systems and whilst legal systems may differ, fundamental principles of]ullnan rights remain the same.
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In the session it was stressed that the fundamental test of a democracy is whether a govermnent is able to retain due process when under tIu·eat.
This harks back to a point made in the speech by Dr Albright that when terrorists and those who challenge our society cause oUl' govenunents to enact laws which are against fundamental human rights, i.e. no detention without due process, then terrorists are already winning because they are changing the very essence of democracy.
It was forecast that the challenge in the years to come will be around conflict centring on resources, oil and water or territory - human rights will be challenged and abused, crimes committed and it is a challenge to all ft'eedom loving people to ensure that there is due process in place to deal with these crimes.
On the morning of Tuesday 8 October 2013 I attended the conference session entitled "Whltlltappens ill Vegas slays Oil lite illlel'1lef',
This session was an examination of how new technologies and social media are fuelling an explosion of privacy issues ft'om remote sensing satellites to private drones carrying digital cameras recording people's private lives and then posted to the internet.
There was a range of speakers, including Ms Emily Bell ofthe Columbia Journalism School, New York, Mr Martin Clark of The Mail On line, London, Mr Geoffi'ey Rosen of the National Constitution Centre in Philadelphia and Mr David Schultz, Chair of the Media Law COllllllittee.
It was discussed that laws regarding privacy rights have failed to keep up with the developments in technology.
There was discussion of the news gathering practices by the press as exposed in Levisoll 's high profile enquiry into media practices in the United Kingdom.
There was also some discussion of proposed new laws concerning the proposition that human rights in today's society should also include "the right to be forgotten".
That is, proposals to legislate to give a person the light to have personal infOlmation removed ft'om the internet
Discussions centred around privacy laws and the balance between the public's right to information and an individual's right to privacy and how in the media this balance and the decisions required to strike the right balance are often made by Editors on ethical concerns (Ol'lack of them) and audience feedback, together with the drive to increase ratings or circulation.
There was discussion in light of revelations in relation to U.S. intelligence gathering practices as to where the line should be drawn in collecting infonnation ft'om Telco's and internet service providers,
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It was noted that in the U.S. constitution there is a right to freedom of speech but no federal guarantee as to the right to privacy.
Discussions were provoked into the convergence of the right to publish and the U.S. Government's wide spread spying program on citizens conducted by the National Secl1l'ity agency.
When linking the two we mllst consider how we think about privacy and the legal D:amework of what we consider pdvate.
The European Convention on Human Rights provides for protection of privacy for private and family life, subj ect to certain restrictions.
There was discussion of a person's location, for example, when photographs are taken and the relevance ofa person's location.
Photographs taken of individuals outside or with a nonnal view of a public area are typically considered not to infl'inge on a person's privacy.
It must be considered, for example, photographs taken of Prince William and Kathal'ine, Duchess of Cambl'idge, who were holidaying in France. Semi naked photographs of the Duchess were taken with telephoto lenses, kilometres away by photographers hiding in bushes.
A decision was subsequently made by Editors to publish these photographs.
London Editors made the decision to publish the photographs on the basis that whilst the photographs were ofpl'ivate activity on private property not ordinarily observable by an ordinary person (it was a telephoto lense nearly two kilometres away), that the photographs had already been published in other European publications and those publications carried the photograph on their internet edition and therefore the photographs were in the public domain.
They concluded that as the photographs were already in the public domain they were already published.
M1' Schultz said that there was a feeling that because the privacy laws were so ambiguous that many decisions made by journalists are based on instantaneous feedback, rather than a considered balancing act between the rights ofthe public to know genuine information and the rights individuals to a private life.
Ms Emily Bell, a former Editor ofthe Guardian Newspaper, pointed out that often the newspaper is not the first to publish photographs, they first appear on the internet therefore what might be regarded as a photograph of private conduct, and once published on the internet is a public photograph.
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It was contemplated that due to the world wide spread of the spying activities of the international security agency ofthe United States, that multi-nationalmles and norms should be developed for preserving privacy on the intemet and other spaces,
On the afternoon of Tuesday 8 October I attended a session on the advertising of health food dlinks and supplements,
This session focused on the laws relating to advertising claims in relation to health and diet products, energy drinks and food supplements.
The session discussed the controversy that has arisen over the accuracy of claims and safety standards of products,
This is a current topic for legislators and lawyers in Australia,
There were a range of knowledgeable speakers, itlcluding practitioners from Brazil, Melboume, Australia, Japan, Germany, lndia and the United States,
The session was interactive with hypothetical video examples of product promotions and discllssion with attendees of the examples shown,
These included not only hypothetical but historical examples of actual problems and approaches that different jurisdictions had taken, including our consumer protection laws in Aush'alia,
On Wednesday morning 9 October I attended a 3 hour session on legal practice development entitled "Develop your Pl'actice: IlIcl'ease you/' value to your Clll'l'el1t and futul'e cliellts".
This session, which was both a panel presentation and workshop discussions the focus was on understanding the pressures on you!' clients,
The importance of understand a client's business and through these strengthening and deepening the relationship with the client.
By focusing on these aspects a practitioner can increase the quality and quantity of work that comes from tile clients but expectations must be met and provide added value,
The session also focused on the need and impoltant of obtaining feedback from clients as to their own perceptions of practitioners.
There was focus on anticipating and preventing problems that occur during the management of a matter.
It was suggested that practitioners must think about and prepare a client management sh'ategy and follow through and implement client relationship plans.
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On Wednesday aftel'llooll I attended a session on Legal Ethics which ran for three hours.
The title of the session was "Chivalry ill COlltract - Ethics ill Colllract Negotiatiolls".
It is to be borne in mind that the lecture session was aimed at people from varying jurisdictions.
The point was made at the outset that many lawyers assume that the professional conduct rules apply to their client relationship and further aSSllme that in respect of adversary proceedings and counsel the lUles of professional conduct only relate to the COlltt room 01' arbitration proceedings.
It was emphasised that professional conduct 1111es also apply to transactional matters.
For example, the American Bar Association model; Rule 4.1 relating to the truthfulness of statements to others which includes a lawyer making false statements of material facts to a third person or failing to disclose a material fact.
The American Bar Association model; Rule 8.4 relating to misconduct of a practitioner, amongst other things; "Engaged in conduct involving dishonesty, fraud, deceit 01' misrepresentation".
The problem is brought into stark reJiefwhen lawyers involved in transactional matters are engaged in "negotiating posturing".
Emphasis was also given to the International Bar Association's international principles on conduct for the legal profession where "honest, integrity and fairness towards clients, the court, colleagues and all those with whom a lawyer comes into professional conduct" is being promoted globally for the profession to adopt.
It was stressed that it is not a question of one's individual morality and that the lules of professional condnct are mandatory and there willnltimately be a risk if those rules are not followed.
It was recognised that it transactional matters there would be some "grey" areas, but that a good indicator in a transactional matter as to whether it was one of material reality in an affhmative statement or what would a reasonable person consider an important factor relating to that transaction.
It was noted that in negotiations lawyers aSSe1t clients' positions in a variety of context but the line should be drawn where a lawyer tells an outright lie and the matter arises to a level of fraud as opposed to posturing as to what a client is willing or not willing to do.
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Other areas of difficulty were found to be that if a lawyer indicates authority to negotiate an amount, say up to $10,000.00, whereas in fact has authority to negotiate up to $50,000.00 - is this posturing or a lie?
It was contended by many that it is not a breach of the professional conduct 11lles because the $10,000.00 fits within the broader ambit of authority to negotiate the $50,000.00, whereas if a lawyer indicates they have authority to negotiate up to $60,000.00 knowing that they did not have said authority, would be in breach of professional conduct mles.
It is a lawyer's job to remain independent and objective when giving advice on contracts and point out the law as understood by the practitioner and the consequences that might follow from decision the client might take upon that advice, ultimately leaving the judgement to the client.
Another areas discussed was the propriety of a law film that has drawn a contract, then advising a client to litigate upon a contract dispute arising out ofthe contract they drew and representing that client through to litigation.
It was pointed out these circumstances would constitute a conflict of interest.
Finally, there was recognition that statements made by lawyers on behalf of clients during contractual negotiations where the practitioner asserts up front what their client's position are not necessary final position 01' offer even though the practitioner may assert that is the client's final position.
There is a general assumption in the profession that no position put is final until negotiations are at an end.
The International Bar Association recognises the need to develop global guidelines regarding ethics in transactional matters so that there is consistency across the jurisdiction as to the conduct and practice of matters on behalf of clients.
On Thursday mOl'11ing 10 October I attended a session on the internet entitled "How the Net was Won" or "DOll 'I Shool the Messengel' ". "ll1lel'lleI2.0: To Reglllate 01' 110110 Regulate ".
The speakers included Mr Dick Beaird a former Senior Deputy at the V.S. State Department, Mr Chowdry of Solo man Roy ofIndia, Mr Colin Long of Bird and Bird in London, Mr WiIliam Mmphy, a Professor of Law from the New Hampshire School of Law and Mr Phillip Verveer of the V.S. State Department.
It was a panel discussion with the panel exploring the proposition of intern et regulation and as to whether countries that were not contcmplating this issue, asking the question can they regulate as a home jurisdiction or will it require international laws througll treaties entered into by national governments.
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Since the Edward Snowdon revelations published by the Guardian has bought into sharp focus the government's access to internet data on email accounts and social networks.
There is the further issue relating to "Cloud" computing as debates begin as to how data is kept and where it is stored and who may obtain access to it.
There have been estimates that the P.R.I.S.M. nm by the V.S. National Seclu·ity agency's itlternational spying program has detened users from purchasing storage on Cloud Computer that the V.S. could take a 25% hit, resulting in the loss of as much as $108 billion by 2016.
In the debate there was no consensus at all as to whether regulation should evolve towards national or international internet control.
Many jurisdictions, inc1udhlg the Vnited States, would be against international controls on the internet, in particular having regard to the protection of freedom of speech in the O.S. Constitution and their resistance to any international internet laws that may impact upon that mandated fi·eedom.
There was discussion as to laws and regulation concerning data protection on the intemet and how this was to be protected tln'ough either national or international laws. This debate was thrown into sharp reJiefby the V.S. Government's N.S.A. P .R.I.S.M. program and the vacuummg of data across the world by tapping into global transmission lines of internet providers.
To be further considered is the fact that each day the development of more user fi'iendly applications for searching and mining for data on the internet and when an individual gives consent to a govenunent or particlllar company on the internet to store information, they Jllay not realise that by reason of that consent and by reason of the new user friendly search programs, personal mformation enters the public domain without themrealismg it.
A further question postulated, but not answered, was the whole issue of Cloud computhlg and as to where physically information that we back up to Cloud computing is stored.
In which jurisdiction are the dtives upon which it is stored, which jurisdiction has access to those drives, who is retrieving inf01mation fi'om the drives and what issues arise? Is it thefot in mtellectual property, international breach of privacy and can it lead to identity theft?
These are issues that we as legislators must consider and address and that this technology is developing so fast that legislators have a duty on behalf oftheir citizens to address these complex issues.
On Thul'sday aftel'lloon I attended a session prepared by the Banking Law Committee and the Securities Law Committee on Sovereign Debt.
As a parliamentarian I am interested in recent examples of foreign debt and comparing different outcomes for countries such as Greece, Italy, Portugal and Spain, who did not
INTERNATIONAL TRAVEL IMPREST REPORT ATfENDANCE AT THE INTERNATIONAL BAR ASSOCIATION CONFERENCE - BOSTON U.S.A. - 6 to 11 OCTOBER 2013 11
default but relied upon European banks to "bail them out" so they would not default on sovereign debt and Argentina, for example, that did default on its foreign debt.
Once again there were high calibre speakers including Ms Claudia Bmscaglioni,a practitioner from Italy who sits on the Securities Law Committee of the IBA, Mr Liam Flynn who is with the Bank ofInternational Settlements in Switzerland, Mr Mr Ioalmes Mmlllelides of Alien and Ovary in London, Mr Demetri Paraskvas, an Attorney from Athens, Greece and Mr Antonia Stolper from New York.
The central problem discussed was that although countries borrow by purchasing bonds, which have attached to them legal obligations, the problem is that bond holders cannot be forced to repay their debts in the same way that a mortgagor can and can renege on their obligations almost without impunity.
One panellist pointed out that there are no bankLUptcy proceedings against sovereign entities for default, there are only two courses of action open, either all the countries within the trading block must agree to re-structure the debt and repayment plan, or the country as in the case of Argentina in 2001, defaulted.
If there is a re-structure then the question is can the previous bond holders, who did not fOl1n part of the re-stLUcture program still move to recover what is owed on the original bonds?
It was pointed out that in 2005, Argentina, which is a South America's second largest economy, defaulted on its debt obligations and then came to an agreement to issue new bonds to bond holders at a 67% discount. .
There were some original bond holders who refused to be part of the scheme.
In a long drawn out saga, the original bond holders, sued on the monies owing on theit' Oliginal bonds and in what was said to be a controversialmling in the U.S. in a recent District Court LUling, it was ruled that whenever Argentina paid out the new bond holders, they must also pay to the original bond holders at the same time and in the same proportion.
What is even more interesting is that the V.S. District Comt issued an injunction, which was intended to apply to banks which would prevent any V.S. institution from paying out the new bond holders without paying out the Oliginal bond holders in equal proportion. This is despite the fact the original bond holders never agreed to become part ofthe re-structured scheme.
The debate then centred on whether 01' not this decisiolJ, if allowed to stand after appeal, will have an adverse impact upon financial institutions in the U.S. as in bond contracts, in particular where re-structuring of debt is involved, will nominate the law of another jurisdiction as the applicable law and not that of the United States.
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The argument against this is that apparently the law of the United States on these matters is well settled and mther than diminishing the strength of the financial markets in the U.S. it may strengthen it due to the fact that the laws are well established and known.
This should apply equally to Australia's position in Asia and the Pacific, where in emerging economies, where commercial law is not well developed, that the certainty oflaw in Australia and the stability of our system, we should further promote the usage of Australian law as the applicable law for financial transactions in our region.
On Friday 11 Octo bel', the last day of the conference, there were two sessions which provided a book end for the opening session of conference by Dr Madeleine Albright.
The two sessions on the Friday were in many ways the highlight of the working sessions.
On Friday morning there was a nlle of law symposium "Col'l'uption and the Rule ofLaw".
The keynote speaker was Mr Palll Volcker, all American Economist and former Chairman of the Federal Reserve in New York.
Speakers on the panel included Mr Homer Moyer, Attorney from Washington, Mr Akere Muna from Berlin, Mr Peter Reece QC from the Haig, Mr Steven Zimmermal1 of the World Bank in Washington DC.
It is only at the Intemational Bar Association Conference are we exposed to speakers ofthis calibre on a daily basis.
Mr Volcker pointed out that corruption can take many fOl1ns including improper influence, soliciting or accepting bribes, extortion and the misappropriation of public ftl11ds.
Mr Volcker noted that the world's two most influential anti-corruption regimes are the United States and the United Kingdom where in the United States they had the Foreign COlTUpt Practices Act.
The activities ofMr Rupe!t Murdoch are currently under investigation, not fol' conupt conduct that he and his corporation may have engaged in within the United States, but rather in a foreign jurisdiction, namely the United Kingdom.
It was noted that currently senior employees ofMr Murdoch's news cOlporation are currently awaiting the outcome of criminal proceedings in the United Kingdom as to whether their corporation had been involved in the bribei·y or corruption offoreign officials in the United Kingdom and if tlus is the case any person involved may be subject to sanction in the United States.
Similarly, in the United Kingdom there are very strong provisions under the Bribery Act, which go so far as to require practitioners to report suspicious actions of their clients to the
INTERNATIONAL TRAVEL IMPREST REPORT ATTENDANCE AT THE INTERNATIONAL BAR ASSOCIATION COl\TFERENCE ~ BOSTON U.S.A. ~ 6 to 11 OCTOBER 2013 13
Serious Fraud Squad and prohibit a practitioner from disclosing the fact that a report has been made into a client's transactions, and a penalty is provided if that disclosure is made.
Moreover, if a practitioner fails to make a report and the Serious Fraud Squad come about info1111ation in another way, a practitioner may be regarded as a party to the offence and implicated by the practitioner's failure to report said conduct, whereas if a practitioner does report conduct and keeps the report secret ft'om a client then the practitioner is protected.
This is very powerftJi legislation and I believe should be considered in Westem Australia.
It is a reference I believe an Attorney General should make to the Law Reform Connnission to examine these provisions and provide recommendations for the Westem Australian Parliament.
After the global financial crisis Mr Volcker championed an overhaul of the United States financiall'egulatol'Y rules known as the Dobb Frank Act to avoid a repetition ofthe calamity of the GFC, prohibited U.S. Banks from engaging in proprietary trading, that is, where the banks use their own assets and balance sheet to invest in equities, thereby exposing a bank and its customers to great risk in the event of a sharp collapse in the equities market and a prohibition against sponsoring hedge funds and private equity funds.
Beyond the legislation there needs to be a set of rules agreed to by the financial institution for the implementation ofthe statutmy provisions of the legislation.
It has been two years since the rules were proposed by regulators but due to resistance ft'mu financial institutions driven by self-interest, the lules are yet to be fully finalised.
Many developing economies are now coming to the understanding that without tackling corruption of pUblic officials and governments, countries are impeding the growth of their own economies as more trading partners have firstly less confidence in dealing with them and secondly, are subject to their own domestic laws, which means that if they tly to meet their competitors practices in these countries by engaging in conupt practices in developing countries, they may face heavy sanction in their home jurisdiction.
Conference sessions concluded on Friday afternoon with a session called "The Rule of Law Symposium".
The presenters at the symposium included the Co-Chairs, Mr Richard Goldstone, a past Justice of the South Afi'ican Constitutional Court, Mr Robelt Stein, a Professor of Law at the Minnesota Law School. .
The Keynote Speaker was His Honour, Justice Stephen Breyer, Associate Justice of the Supreme Court of the United States in Washington and other speakers including Assam Tamini a practitioner from Dubai, Ms Hilary Heilbron QC from London, Mr William Hubbard ofthe American Bar Association, Lord Phi!!ips of Worth Matravers, fanner President of the Supreme Court in Wales.
INTERNATIONAL TRAVEL IMPREST REPORT ATTENDANCE AT THE INTERNATIONAL BAR ASSOCIATION CONFERENCE - BOSTON U.S.A. - 6 to 11 OCTOBER 2013 14
The session was conducted in the largest auditorium at the Hynes Convention Centre in Boston and was standing room only.
Justice Breyer pointed out that nearly 800 years after the Magna Carter was drafted its legacy of holding all equal under the law, including Kings, remains, however, holding everyone equally to account under the law is still no easy feat.
Justice Breyer noted thatthe V.S. Bill of Rights, which is the bedrock of the V.S. Constitution springs fl'om the principles laid out in the Magna Carta.
What stmck me about Justice Breyer's comments was the reverence that the V.S. accords to the Magna Calta a mle of law in a way which is deeper and more sincere than that which I observe in Australia.
I find it incongmous that so much reverence can be given to the lule oflaw and Magna Carta and things that spring from it like the "Writ of Ha be us C011Jus" at this high level in the Vnited States, yet at the same time it still maintains detainees in Guantanamo Bay who have not been charged with an offence and because that institution is located not within the jurisdiction of the V.S. the threat a Writ of Habeus Corpus to bring prisoners before the Court is avoided.
Justice Breyer takes a very practical approach to the intelpretation in the V.S. Constitution observing that the Supreme Court should consider the constitution as containing unwavering values that must be applied flexibly to ever changing circumstances.
Justice Breyer explained that the difficulty in cases is to realise that the values enshrined in the constitution, which all Americans hold and which do not change, yet to be applied flexibly to change circumstances.
I reflect that this is the difficulty posed by the pl'Oposition of a fixed Bill of Rights where in the opening decades of the 21'1 Century we fix, in statute fmID, rights which will then be fixed points for judicial interpretation to change circumstances in one or two centuries time in Australia.
Discussions revealed that even in the V.S. Bill of Rights where it talks about freedom of speech it does not define what freedom of speech is.
How fal' does fi'eedom of speech g07 Does it go to the public vilification of a private individual, the private vilification of a public person, the publication of materials about a private person which that person nught regard as strictly private?
As we progress into the future we must be mindful of the rapidly changing circumstances of our world and how the rule of law will be applied to our values in radically changing cirnlms tances.
INTERNATIONAL TRAVEL IMPREST REPORT ATtENDANCE AT THE INTERNATIONAL BAR ASSOCIATION CONFERENCE - BOSTON U.S.A. - 6 to 11 OCTOBER 2013 15
Justice Breyer refened to the case of Hamdi v RlImsfeld 2004, where the Court held that V.S. citizens have a right to due process of the law before being imprisoned whereas the V.S. Government had a right to hold enemy combatants, who have no such rights.
Justice Breyer referred to the fact that the Magna Carta provided that "no freeman shall be taken 01' imprisoned except by the lawful judgement ofms or her peers and the law of the land".
That bestows upon individual citizens the right to have a decision made by a neutral decision maker and an opportunity to present evidence and argument before the decision is made.
Justice Breyer noted that Judges were appointed by Govermnents and their appointment therefore was part of a political process but that once a Judge puts on robes and takes the oath, must determine each matter neutrally upon its merits and at the point of judgement a Judge "must think through each case with totally neutrality .... all anyone has to ask himself is, suppose I were on trial? Suppose somebody accused me? Would I want to be judged by whether 01' not I was popular? Wouldn'tI want to be judged on what is tlUe as opposed to what someone things might be popular? Think of Socrates: 500 Athenians voted to condenlll him.
Mr Justice Kirby we have a different system based on neutrality and independence.
Justice Breyer and the panel emphasised that by everyone understanding, in particular in emerging democracies, the ingrained principles of the Magna Cmta, it will only help and improve the creation of modem democracies and the functioning of existing ones.
On Saturday 12 October I left Boston.
JOHN QUIGLEYLLB JP MLA Member for Bntler
INTERNATIONAL TRAVEL IMPREST REPORT ATTENDAi'.JCE AT THE INTERNATIONAL BAR ASSOCIATION CONFERENCE - BOSTON V.S.A. - 6 to 11 OCTOBER 2013 Report on Backbencher Study Tour to Indonesia, 3-8 November, 2013.
Participants, lan Blayney MLA, Member for Geraldton, Chris Hatton MLA, Member for Balcatta, Dean Nalder M LA, Member for Alfred Cove, Mr Jan Norberger MLA, Member for Joondalup.
Aim: The aim of the visit was to begin to get a deeper understanding of Indonesia, and begin to build ties. Personally, I have always had an interest in affairs in the Republic of Indonesia, and studied Indonesian at night school for 4 years. I am a member of the Australia-Indonesia Business Council. The other members of the group, who are all first time members, all have an interest in Indonesia, and attend AIBC functions. I would like to acknowledge the help and support of the staff of the WA Trade Office, Jakarta, and in particular Kellie-Jane Pritchard, the Regional Manager.
Day 1- Sunday, 3.November. I had taken a day extra to visit the Borobodur Complex, near Yogyakarta in East Java, as well as the Sultan's Kraton in Jogya, and the Prambanan Complex which is quite close to Yogyakarta. The Prambanan complex is Hindu, and was built around 850 AD, and Borobodur is Buddhist, and was completed about 825 AD. Both are UNESCO World-Heritage listed. While a long day, it's worth noting that it is able to be accomplished as a day trip by air from Jakarta mostly new transport equipment, which all ran smoothly and on-time. It's probably not widely known thatJakarta Airport, was the ninth busiest in the world in 2012, with 57.8 million passengers, and is the busiest in SE Asia.
Day 2- Monday, 4.November. This day focussed on education connections between Indonesia and Australia. Morning we visted the Raffles Academy, which prepares students for A-levels, and the International General certificate of Secondary Education. The school offers a pathway into Curtin University. Curtin has offshore campuses in Singapore and Sarawak, and strategic partnerships with at least 7 education institutions in Indonesia. A local institution must have 51% local ownership hence the partnership approach.
Another institution visited was Universitas Bina Nusantara (BINUS), which is a private university with 4 campuses in Jakarta. Curtin's connection here started with Accounting, and has extended into a number of new courses.
Education is an area where WA can continue to grow its presence, especially with a more realistic value on the A$. Competition is strong, but being relatively close, in a similar time zone, and willing to enable students to complete some work locally are to our advantage.
Meeting with Indonesia-Australia Business Council, Jakarta.
Interesting, useful discussion about the evolution of Indonesian politics post-Suharto, the Indonesian media, devolution to local government, and various other matters with a group of long term ex pat business residents. Australian Wine Promotion- Opening night, Dimatique wine importers.
Dimatique are one of the major wine importers to Indonesia with about 10 WA wineries on their list. Indonesia is WA's 12'h largest market for wine. Indonesia is WA's third largest market for agri-foods, valued at $617 million.
Day 3- Tuesday 5th November.
This day was a public holiday in Indonesia, due to Islamic New Year.
It had been hoped to meet some local MPs, and visit the parliament, but parliament was not sitting, and this was not possible.
The group spent a day visiting sites of significance around Jakarta- Monas (National Monument), the national mosque (the largest in SE Asia), Chinatown, Kota Tua(old city), and Sunda Kelapa (sailing ship harbour).
Jakarta is an old city- Sunda Kelapa dates from the 12'h Century, and the Dutch established Batavia in the 16th century, as their capital. The metropolitan region, including Jakarta and the neighbouring cities, has a population approaching 30 million people.
Sunda Kelapa is the port that services the largest sailing fleet in the world, and one ofthe last. The Bugis sailing boats from South Sulawesi are basically the same as they were centuries ago.
Day 5- Wednesday 6th November.
Breakfast meeting with Meat and Livestock Australia representative. The over riding feeling from this meeting is that the effects of the export ban introduced by the previous Federal Government are now nearly over. These bans had an enormous effect in the northern pastoral areas of WA which had switched to a focus on producing for live export predominantly for this market. Indonesia needs to import beef, and the run down in their herd had serious implications for supply, and pricing, especially if farmers start rebuilding their herds. If the relationship between Australia and Indonesia can be kept harmonious, and the issues of animal welfare kept under control, I see a bright future for this trade. Meeting at the Australian Embassy, Jakarta.
Interestingly, the Jakarta embassy is Australia's largest overseas, with some 500 employees. We met with the Deputy Head of Mission, the Agriculture and Education Counsellors, and the Senior Trade Commissioner for Energy and Resources.
The size of the mission underlines its importance. All the discussions emphasised the changes taking place in Indonesia, the potential and the difficulties for Australians getting involved, but the long term potential.
Meetings with Peritia Business Consultants, Provincial Energy and Mining Association, and CSA Global. Once again the issues that came out are the amounts of changes taking place, the need for long term commitment and potential for long term opportunities.
Dinner with Dr Abdul Radjak. Dr Radjak is the owner ofThamrin University, and CEO of MH Thamrin Health Care Group. He has worked on developing some key partnerships in the health/medical areas between WA and Indonesia. This is another area of potential for WA, same drivers as education proximity, time zone, infrastructure etc.
Day 6- Thursday 6th of November.
Bogasari Flour Mills, Jakarta harbour.
Bogasari is the largest flour mill in the world. It is a division of Indofood, the largest integrated flour miller in Indonesia. It is also the largest pasta producer in SE Asia. Indonesia is the largest buyer of WA wheat- buying some 20%, worth $546 million in 2012-2013.
It was worth noting that Bogasari mentioned that they missed the technical backup that they used to get from the old Australian Wheat Board. They had various bits of AWB information on the walls around the mill. I explained that the marketing system had changed, and they had an opportunity to set up their own buying division in WA if they wanted. The reaction was along the lines that it was out of their area of expertise, and would be a draw on capital. I also suggested that there would be value in their attending and exhibiting at the Dowerin Field Days, to meet with farmers. Conclusions:
-Indonesia is a valuable trading partner for WA. There is potential as it grows, for it to become more valuable.
-WA has potential to continue to develop sectors servicing the areas of education and health for Indonesia.
-There may be a gap in technical advice for users of WA grain products, in particular wheat, from the end of single desks. This may become a role that Dept of Agriculture and Food could occupy, in a modest way. In a similar vein, there could be value in encouraging Bogasari to develop more connections in WA.
-If Indonesia continues the ban recently introduced of export of unprocessed minerals, there may be some short term opportunities for WA minerals.
-The future of the live cattle trade looks much more positive than it has for the past few years. I came away quite optimistic about it.
-It would be good for WA Members of Parliament to work towards a greater understanding of Indonesia. To this end, I hope to start a 'Friends of Indonesia' group in the Parliament.
lan Blayney MLA
Member for Geraldton, January, 2014.
Costs:
Airfares, Per/JktjPer $977.47
Accomm. Jakarta, $1798.90
Incidentals, $1000.00
Total $3776.37 Dean Nalder MLA Member for Alfred Cove
Mr Peter Com'an Director General, Department of the Premier and Cabinet Dumas House 2 Havelock Street West Perth Western Australia 6005
Dear Director General,
In accordance with parliamentary requirements, I submit the following statement reporting on my recent overseas study journey:
Ci) Confirmation of Purpose:
To accommodate a cultural experience for four Western Australia Parliamentarians and to gain greater knowledge and understanding of Indonesia's economy, culture and industry sectors.
Cii) Key meetings and outcomes/findings:
As Indonesia is Australia and Western Australia's nearest neighbour and home to 240 million people, it is vital the Western Australian Government foster stronger cultural and economic bilateral relationships, increases awareness of trade opportunities for Western Australian businesses and fosters increased trade between the two countries.
The delegation illustrated key focus areas for Western Australia in its relationship with Indonesia must be:
1. Agriculture 2. Mining, oil and gas 3. Education
1. AgricuI ture
The highlight of the parliamentary delegation was a tour of one of Bogasari's Flour Mills and discussions relating to their research and development of a wheat based rice substitute.
Indonesia is the largest buyer of Western Australian wheat, importing 4 million tonnes per annum, some 20% ofWA's total, worth $546 million in 2012-2013.
Bogasari produces 10,000 ton of flour per day at the mill we visited. Current infrastructure improvements will grow daily processing capacity by 40%, increasing production to 14,000 tonne per day.
Bogasari's research and development laboratory are working on all extruded wheat flour product that resembles rice in appearance, texture and flavour.
Suite 1,30 Ardross Street, Applecross WA 6153 Phone. [email protected] PO Box 7084, Applecross North WA 6153 93161377 www.deannalder.com.au Demand for rice in Indonesia stands and around 120- 130 kg per annum. Wheat consumption is around 20 kg per annum. Rice production is labour and water intensive, alternatives are required to meet demands of a booming population in a more environmentally sustainable way.
This new product is a combination of wheat and tapioca flour and extruded thru a dye much like the making of pasta. Current hurdles to the success of this product are focussed on the gluten content of the wheat. Harder variety wheats from Canada and other northern hemisphere suppliers are proving unsuitable due to their high gluten content. Western Australia's softer wheat, with less gluten is creating a more stable and marketable rice alternative. What is attractive from a sustainability perspective is this product has higher protein and vitamin components than rice and is cheaper to produce.
The supply potential for Western Australian producers is exponential with this one product alone. The opportunity with further and varied research and development will offer an export windfall for our farmers and perhaps mitigate some of the demand issues in the domestic market. We must do what we can to facilitate the best exchange of information and expertise between Indonesia and Australia, to ensure WA farmers are growing the product demanded by Indonesia and are able to get the product offshore easily.
Like many of our Asian neigbbours, Indonesia places great emphasis on Australia's clean, green environment and therefore place a premium on Australian product.
On day five of the delegation a meeting with Meat and Livestock Australia representatives assured us much of the live export disruption inflicted by the RuddJ Gillard Federal Government had passed. Representatives emphasised the enormous impact on northern Western Australian producers, this knee-jerk government reaction had. These producers are predominantly focussed on the export market. I am confident with new Agriculture MinisterBarnaby Joyce, WA can strengthen our relationship with Indonesia around cattle export and with careful monitoring of animal welfare safeguards we can grow this supply chain greatly in the coming years.
Finally on agriculture, we attended a launch event of Dimatique wine importers. Dimatique are one of the major wine importers to Indonesia, representing 10 WA wineries. Indonesia is WA's 12th largest market for wine export and demand is growing. Again Indonesia's emphasis on Australia's clean, green environment means our product is viewed as a premium and prices reflect this. In 2012-2013, Indonesia was Western Australia's third largest market for agri-food exports, which were valued at A$617 million (10 per cent). This figure comprised of wine exports to Indonesia valued at A$620,OOO.
There is great export potential for both raw and processed Australian products.
2. Mining, Oil and Gas
Foreign companies contribute significantly to the Indonesian mining sector, with investment exceeding US$10 billion in the last three decades. Australian companies account for about one third of this foreign investment.
Australian companies are well placed to use geographical proximity and mining expertise to help Indonesia develop its mineral resources. Opportunities include assessing resources, refining and distributing minerals and exporting mining related equipment, supplies and services.
Australia's and Western Australia's ongoing participation in Indonesia's mining sector contributes significantly to the bilateral commercial relationship. 3. Education
Day two of the delegation focussed on education. A visit to the Raffles Academy allowed us to discuss student's preparation for A levels and explore the pathway this institution provides to study with Curtin University in WA. It's important to remember 12 million students graduate from year 12 each year in Indonesia. This nation is looking for greater tertiary opportunities for its students. Curtin has offshore campuses in Singapore and Sarawak, and strategic partnerships with at least 7 education institutions in Indonesia. This is an important partnership but there is much room to grow.
The delegation also visited Universitas Bina Nusantara (BINUS), a private university with 4 campuses in jakarta. Curtin's connection here started with Accounting, and has extended into a number of new courses, with more to be added in the future.
I am hopeful the Abbott Governments new Colombo Plan will see greater ties established in education between Australia and Indonesia.
Under the New Colombo Plan up to 300 undergraduates could be sent abroad for a one-year trial of the program in Indonesia, Singapore, japan and Hong Kong, with Indonesia being the first country to receive students.
I am hopeful the success of the post-war Colombo Plan, which brought future leaders of Asia here for education, will also be replicated by the new Government
In the near future study and internships in Asia for Australian students and vice- versa for Indonesian students must become a rite of passage for young students, rather than the exception it is now.
The WA Government must do all it can to foster this bilateral education relationship.
(iii) Conclusion:
This delegation highlighted the strength of Australia's and Western Australia's relationship with Indonesia but also the potential to grow and strengthen this partnership in a number of key areas including agriculture, mining, oil, gas and education.
The Western Australian Government must look for closely at our international relationships, independent of, but in harmony with the Commonwealth. The potential for our State both economically and culturally is too great not to do so.
The Australia- Indonesia Business Council WA, under the Chair of Phil Turtle is an important bilateral organisation the WA Government must continue to foster ties with. Their cultural and business connections with Indonesia are impressive and are vital to strengthening our States relationship with our near neighbour.
Meetings with Peritia Business Consultants, Provincial Energy and Mining Association, and CSA Global and Dr Abdul Radjak, owner ofThamrin University, and CEO of MH Thamrin Health Care Group were also greatly beneficial and evidenced private investment success.
Kellie-jane Pritchard and the Western Australia Trade Office in jakarta and The Australian Embassy are to be commended for the work they are doing to foster a constructive and harmonious relationship between our two nations. Their advice and counsel during the delegation was invaluable. I look forward to continuing my study of opportunities between Western Australia and Indonesia and to fostering the relationships I established on this delegation.
I note that this statement may be tabled in Parliament at your discretion.
Yours sincerely
Dean Nalder MLA Member for Alfred Cove 10 February 2014 j ...1.. t.~.~))tl;.' Government of Western Australia _~ J!!ki:" Department of the Premier and Cabinet -/I.;~~~-
PARLIAMENTARY TRAVEL REPORT FORM
Members are to provide a repOlt to the Director General, Depmtment of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The Department of the Premier and Cabinet collates and coordinates the tabling of the repOlts in Parliament on a qumterly basis.
The report below should be clear, concise and focus on the benefits of your trip to your constituents and/or parliamentary processes, the Western Australian community and/or the State of Westem Australia. Please do not attach PowerPoint presentations, reseaJ"ch reports or reports othelwise available to the Parliament.
NAME OF CHRIS HATTON MLA MEMBER: DESTINATION/S: -_- JAKARTA, INDONESIA DATE OF -- .. 3 NOVEMBER 2013 - 8 NOVEMBER 2013 TRAVEL: PURPOSE OF TRIP: To accommodate a cultural experience for four Western Australia Parliamentarians and to gain greater knowledge and understanding of Indonesia's economy, culture and industry sectors.
BENEFITS DERIVED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: CA brief report of no more than 2 pages may be attached if required) Please see attached.
Summary of costs of the visit as outlined below.
Flights $673.46 Accommodation $1353.44 Taxi Charges $52.80 Gifts for meetings with Dignitaries $86.80 Miscellaneous Charges $33.15 Amount Exchanged $115.00 TOTAL $2314.65 Chris Hatton MLA; Member for Balcatta Parliamentary Visit to Jakarta, Indonesia Report - Benefits derived from the trip for the State of Western Australia
Prior to the Parliamentary Mission to Indonesia, a series of preparatory briefings were conducted. The briefings provided a necessary flow of ideas, information, cultural awareness and levels of expectation. The briefings also provided a platform to examine the 'Purpose and Agenda' of the trip. The Purpose and Agenda was to accommodate a cultural experience for four individual Parliamentarians and the collective Parliamentary group.
As a group I believe that we gained a greater knowledge and understanding of Indonesia's economy, culture and industry sectors. Meetings and site visits were extremely beneficial and surprisingly to me, very friendly and cordial. I had an expectation that sector representatives would be more formal and objective.
My understanding of business opportunity and bilateral business relationships between Western Australia and Indonesia, is that there is opportunity to 'Have a Go', but a 'cultural business plan' inclusive of reasonable expectation needs to be developed.
In reference to the Purpose of the Mission, I am now very motivated to research more about the Indonesian government and political system.
From our meetings with business sector representatives, I am of the impression that the 'new' democratisation of Indonesia will benefit any business entrepreneurial will and initiative.
Again, in reference to the Purpose of the Mission, I have a strong interest in Education. The Mission incorporated visiting educational institutions that catered for secondary and university levels. The facility/campus tours and meetings with staff and students, allowed a 'snapshot' into that level of education.
It is interesting to note the opportunities that are being provided for student exchanges between some territory institutions in Indonesia and Curtin University in Western Australia. I am of the belief that bilateral opportunities in education are occurring, but there is room for much greater development of this in the future.
It is my understanding, from my research, that government funding of education in Indonesia has improvedlincreased markedly over recent years. However academic standards and outcomes are still low (one of the lowest of regional Asian countries) and retention rates (in Primary School) are low (about 60%).
This is very concerning. However the delivery of education within Indonesia's highly populated country, with so many geographic and historical constrains and difficulties, is an enormous task. Nevertheless, the increased budget in education (such as employing more teachers) could, from my understanding, be better directed to areas of training and skill development. Of course, given the gap between the 'middle to upper class' and 'middle to lower class' (with a rising middle class and also a high percentage of poverty), it appears that children in poverty will most likely for some time be needed to support subsistent wok needs of families (i.e. work on the land). Culturally, West Australian and Indonesia education system are vastly different.
For many reasons, but particularly politically, culturally and geographically, the systems are different.
However bilateral links are emerging.
Key focus points (Reflections)
1) Industry • Australian, Western Australia and international companies have established and are conducting successful business within Indonesia. • Business expectation needs to be modified to the Indonesian mode of operation and practice. Realistic expectations need to be set. • Relevant contacts should be sourced for information, such as: o Western Australian Trade Office, Indonesia o Department of State Development o Australian Indonesian Business Council • Bilateral business relationships could possibly have an increased focus on Indonesian investment in Australia. • Indonesian businesses and companies would benefit from investment in an exchange of technology, training and skills. • The Australian product could be marketed better, rather than just the selling of the raw product. 2) Education • Poverty in Indonesia is of a concern and the opportunity to better living standards are limited. Wages are low in this sector of society. • Education in Indonesia needs to be more accessible and relevant, with government funding being more accountable to the delivery of beneficial educational outcomes for the people. • I believe that bilateral educational relationships need to focus on work force training and curriculum resourcing. • Capital expenditure, when provided systemically, needs to be directed appropriately and be partnered with an accountability framework. The capital investment needs to equate to better educational outcomes. 3) General Comments • Population sustainability in Indonesia, in relation to health, housing and the environment, is concerning. • Air and water pollution (and quality), are an evident issue and such environmental concerns are in need of urgent attention. • I would be interested in gaining further knowledge in these areas. It would also be interesting to know if any Western Australian (Australian) environmental businesses are operating in Jakarta/Indonesia. • I expect that there is the room for business sector growth around environmentally based businesses. JAN NORBERGER MLA - MEMBER FOR JOONDALUP
RD TH IMPREST TRAVEL REPORT - JAKARTA, INDONESIA - 3 _ 8 NOVEMBER 2013
Purpose of Travel
The purpose of the visit was to provide an opportunity for parliamentarians to gain a greater knowledge and understanding of Indonesia's economy, culture, government, political and industry sectors; to examine trade and other links between Western Australia and Indonesia; and to reinforce stronger ties between Western Australia and Indonesia.
Given the relation-based nature of business and diplomacy in Indonesia, the visit sought to assist the further strengthening of Western Australia / Indonesia's relationship, and in profiling Western Australia as a partner for future business / investment, education and social initiatives.
Outcomes / Value Gained
The travel itinerary, prepared by the Department of State Development, ensured that the desired outcomes were met. Meetings were held with the following organisations / individuals;
• Meat & Livestock Australia o Gained a greater understanding and appreciation of the challenges and opportunities for WA's meat and livestock industry in Indonesia and the type of relational and policy approach required to sustain it. • Cultural Tour of Jakarta o Greater appreciation of Indonesia's history, view of the world, economic challenges and opportunities. • Australian Embassy in Jakarta o Received a detailed overview of business opportunities and policy challenges which will be of value to WA businesses seeking to expand operations into Indonesia. I personally have had a number of businesses run by constituents seek advice from me in relation to such expansion. • Peritia Business Consultants o Gained a greater appreciation of the relational nature of business in Indonesia which equally translates to the way in which Indonesians prefer to undertake exchanges at a political and policy level also. • CSA Global o Detailed briefing of resources based opportunities, policies and challenges in Indonesia. • Provincial Energy and Mining Association o Relationship building with key provincial delegates to Indonesia's mining industry, who later travelled to Perth on a reciprocal fact finding mission. Shared experiences of how mining is conducted in Western Australia, the execution of which is held in high regard amongst Indonesians. Clear opportunities identified for Western Australia to export its 'mining knowledge' throughout the Asia-Pacific. e Dr Abdul Radjak (CEO of MH Thamrin Health Care Group) o Detailed briefing on private health care in Indonesia. A Joondalup constituent actually runs a Dental Nurse training company which recently entered into a trading partnership with Thamrin Health Care. I was able to gain a better appreciation of how such relationships can be created from the perspective of both the Australian and Indonesian parties. JAN NORBERGER MLA - MEMBER FOR JOONDALUP
• Bogasari Flour Mill o Largest flour mill in Indonesia and one of world's largest. Significant purchaser of West Australian wheat. Gained valuable insight into what makes WA wheat attractive to Bogasari, what farmers and their organisations can do to strengthen the relationship and what price pressures could be threots in the future. • Kiroyan Partners o Detailed understanding of the importance of reputation in Indonesia, how new entrants can build it, the ethical challenges that Western companies may face and the opportunities that exist.
The broad range of lessons and in sights gained through this trip will be a direct benefit to Western Australia by allowing me to provide detailed advice to WA businesses seeking to expand into Indonesia as well as giving me the knowledge to contribute meaningful advice to policy discussions designed to boost the WA / Indonesian relationship.
The trip generated a significant amount of goodwill which has continued beyond the trip. 'lfff.~~.... t Government of Western Australia '-\~):;t Department of the Premier and Cabinet j_"!b[~.,A~
PARLIAMENTARY TRAVEL REPORT FORM
Members are to provide a report to the Director General, Depmlment of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The Department of the Premier and Cabinet collates and coordinates the tabling of the repOlls in Parliament on a qumterly basis.
The repOll below should be clear, concise and focus on the benefits of your trip to your constituents and/or parliamentary processes, the Westem Australian community and/or the State of Westem Australia. Please do not attach PowerPoint presentations, research reports or reports otherwise available to the Parliament.
NAMEOF • MEMBER: ...· .•.. · •. ·... re'T2~ lA) A-T 's'CO/Q /'-1 LA DESTINATION/S: F III AN LF' DATEOF •...... TRAVEL:' .• " ...... ],. \ l - \.S •••• PURPOSE OF TRIP: C E- I'L E J'-1 ID:";; I JTI'\E:N '6 'T\i E" A:v\J-1.I SljfiCf- V)A'I f\ L \f', ,'\ IV i !:, £,.t:s'ff-"l C-l-~'~1I, It! Q E V'L ID V(I'~ E I vc. \-( /VI M (9F M/,-I (9VL \) Pr Lt- v'w 0 .11 5- T\.-\ i:' 0- v.. i:-sl
BENEFITS DERIVED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: CA brief repOll of no more than 2 pages may be attached if required) \'S ET ~ E c-IO co '.( "'- TO S. '\ vLi:- v() G. '\\-\. \:- N \ I-\. t, II~S. '\(,{(- S;CEAJ lC ftL Vb/W/ V0 A.s. \\..() I[) ex: \ 4=. ;:- So 115- ..ft<) vv vvl v- ()r- eEL Eo lib 1'L _"> r+vO (:; w':CU,_ ~1, ~ E: VI... 0 v- Peter Watson MLA Member for Albany Shadow Minister for Sport & Recreation, the Great Southern and Veterans' Issues ITINERARY France Visit 3rd November to 15th November 2013 3rd November Depart Perth Arrive London 4th - ih November Private business. ih November Depart London Arrive Ulle France. 8th November Depart Ulle France Arrive Peronne th 8 - 1ih November See attached Itinerary 1ih November Depart Peronne th 1 ih _15 November Private business 15th November Depart Munich 16th November Arrive Perth 1 ih November Depart Perth, arrive Albany 9:06 : Arriyal 9:30 - Pierre MenMs France Senior Hig'h School 11:00 - Beranger Juuior High School Lunch with tlle Headmaster 2:00 - Mont Saint Quentin Primary school 3:30 . Anberge des Re1nparts (Social tourism facility) 5" :00 - Transfer to the hotel 6:30 - Informal drink with Mayor KUIDm 8:00 - Dinner at the Bistrot d'Antoine 10:00 - City Hall zilclllding the ci(y 111nsellmi11wlicipa1 Alfred Dal/iconrt 12:00 - Lunch at the Chapoha with M. Gllilleron 2:00 - Great War Historial 6:30 - Official reception at the City Hall 8:00 . Dinner with Mayor KUJllTJl and M. Guillcron at the Saint Vincent restaurant .'imldD~· \oY<'lllllC'J' lDth 10:00 - All1ZAC Trail LeHamel, Pozih'es, Vil!ers Bretonnellx 12:00 - Lunch with M. Guilleron in Amiens 1 :30 . Anriens Cathedral 4:00 - Peronne Orchestra Concert 8:00 - Dinner with P. Barbier, JM Plollyier, and E, Bourdet, org'al/irins' thePopp'y So1dier concert 1Iolld;J.'i·- ~\S)\-('n~tw~=-_LLlh 10:00-12:30 - Arnristice Day Commemorations 1:00 - Lunch with M. Guilleron at the Viyier d'Omiguon, St Clu'ist Briost Aftel'lloon : The Rememhrance Trail Dinner at the Pot d'Etaill Departure In ease of elnergency or any problclll : Sebastien Guillcron +33603 72 13 35 (mobile) I +33 952 94 42 23 ~mldline) '. ~ l' Government of Western Australia .~.. J,...... f ... ~ Department of the Premier and Cabinet J~\Jk-)'')~"d:, PARLIAMENTARY TRAVEL REPORT FORM NAME OF . Hon Nick Goiran MLC MEMBER: DESTINATION/S: . Toronto, Canada DATE OF 4 -11 November 2013 TRAVEL: .c c .. PURPOSE OF TRIP: To participate in the Leaders' Forum (8 Nov) and Symposium (9 Nov) hosted by the Euthanasia Prevention Coalition. BENEFITS DERNED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: As Co-Chair of Western Australia's Parliamentary Friends of Palliative Care (PFPC), it was a privilege to repOlt on the launch ofPFPC on 17 October 2013 following on from the bi-partisan support in the Legislative Council for my motion recognising the existence of elder abuse on 19 September 2013. Of significant note were the multiple speakers from disability groups (who themselves had disabilities) who emphasised that calls for assisted suicide were essentially grounded in people's fear of disability. No life ought to be less valuable than another. It was helpfully put this way: there is a big difference between someone going and killing themselves and the State saying this condition is a reason to kill yourself. It was instructive, albeit chilling, to review the data from Oregon, Washington and the Netherlands that demonstrate: 1. Legalised suicide & euthanasia are never reserved for the few "exceptional" cases; and 2. Initial criteria always broaden to include more and more "exceptional" cases. One contributor to the forum helpfully shone a light on the oxymoronic position of those who SUppOlt assisted suicide and yet superficially still wish to be seen as advocates for suicide prevention. IMPRESTTRAVELREPORT Hon Phi! Edman MLC 10TH _12TH OF NOVEMBER, 2013 BAll Cost, purpose and benefits Cost: Flights: $1,293.49 Travel allowance: $2,675.00 Taxis/trains: NA Conference Fees $ 675.00 Total imprest: $4,643.49 Purpose: The purpose of the travel to Bali Indonesia was to attend a Conference hosted by the Indonesia Australia Business Council, entitled "Bogor to Boli - the poth to connectivity with Australia and the Asia-Pacific. Benefits: In 1994 in Bogor Indonesia, it was decided that Asia-Pacific Economic Cooperation (APEC) would adopt a goal of free and open trade in the Asia-Pacific by 2010 for industrialized economies and by 2020 for developing economies. The ASEAN Leaders adopted the ASEAN Economic Blueprint at the 13th ASEAN Summit on 20 November 2007 in Singapore to serve as a coherent master plan guiding the establishment of the ASEAN Economic Community (AEC) 2015. AEC envisages the following key characteristics: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. Considering the goals of the above two entities, two questions can be posed; are these complementary efforts-do they represent common goals approached along different paths? With these questions at the forefront, and using the goals mentioned above as background, the Indonesia Australia Business Council hosted a Conference in Bali entitled 'Bog or to Bali-The path to connectivity with Australia and the Asia-Pacific,' concentrating on areas which are seen as critical if a regional community can be developed which benefits all-namely, skills and SME development, agriculture and food security, investment and infrastructu re. In addition to the above, it was also discussed how the proposed Indonesia Australia-Comprehensive Economic Partnership Agreement (CEPA) could benefit both our nations, as well as consideration of a trilateral relationship between Northern Australia, Eastern Indonesia and Timor Leste. Following is a brief outline of what each session of the Conference covered. Session One APEC: A progress report on the Bogor Goals APEC was formed in 1989-now 21 Countries are members. Session Two Skills and SME Development Multinational corporations account for 70% of global trade, but 90% of business enterprises are small and medium enterprises, and employ 60% of the total workforce. With the appropriate skills, SMEs can supplement the corporations in support of regional and global trade and investment. Session Three Agriculture and Food Security If there is one area where the availability of space in Australia and the needs of the population of Indonesia complement, it is in food supply. How can and should we work together? Session Fou r I nvestment and Infrastructure We have a particular interest in foreign direct investment, especially in infrastructure. Is FDI welcome-who benefits? It is critical that investment policies and procedures are clear and consistent and user friendly. Session Five Trade Business is done within the framework set by governments. Business offers opinions but governments set policy. What do key government figures see developing in 2015 and 2020? Session Six Bilateral Agreements In an effort to enhance connectivity in trade and investment, Indonesia and Australia are working on a Comprehensive Economic Partnership Agreement. In the face of regional agreements, do bilateral agreements have a role? Is there perhaps an unrealistic hope for global trade and investment? Session Seven - Trilateral Cooperation At the annual Leaders' Meeting in Bogor on 5 July 2013, the Prime Minister of' Australia and President of Indonesia resolved "to continue advancing trilateral cooperation with Timor- Leste to promote greater economic links between eastern Indonesia, northern Australia and Timor- Leste. How can we help? Session Eight After Words The AIBC and IABC play a role in facilitating connectivity in the region. What do our respective ambassadors and presidents see developing in 2015 and 2020. IMPREST TRAVEL REPORT Hon Phil Edman MLC 10TH _12TH OF NOVEMBER, 2013 BAll Cost, purpose and benefits Cost: Flights: $1,293.49 Travel allowance: $2,675.00 Taxis/trains: NA Conference Fees $ 675.00 Total imprest: $4,643.49 Purpose: The purpose of the travel to Bali Indonesia was to attend a Conference hosted by the Indonesia Australia Business Council, entitled "Bogor to Bali - the path to connectivity with Australia and the Asia-Pacific. Benefits: In 1994 in Bogor Indonesia, it was decided that Asia-Pacific Economic Cooperation (APEC) would adopt a goal of free and open trade in the Asia-Pacific by 2010 for industrialized economies and by 2020 for developing economies. The ASEAN Leaders adopted the ASEAN Economic Blueprint at the 13th ASEAN Summit on 20 November 2007 in Singapore to serve as a coherent master plan guiding the establishment of the ASEAN Economic Community (AEC) 2015. AEC envisages the following key characteristics: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. Considering the goals of the above two entities, two questions can be posed; are these complementary efforts-do they represent common goals approached along different paths? With these questions at the forefront, and using the goals mentioned above as background, the Indonesia Australia Business Council hosted a Conference in Bali entitled 'Bogor to Bali-The path to connectivity with Australia and the Asia-PacifiC,' concentrating on areas which are seen as critical if a regional community can be developed which benefits all-namely, skills and SME development, agriculture and food security, investment and infrastructure. In addition to the above, it was also discussed how the proposed Indonesia Australia-Comprehensive Economic Partnership Agreement (CEPA) could benefit both our nations, as well as consideration of a trilateral relationship between Northern Australia, Eastern Indonesia and Timor Leste. Following is a brief outline of what each session of the Conference covered. Session One APEC: A progress report on the Bogor Goals APEC was formed in 1989-now 21 Countries are members. Session Two Skills and SME Development Multinational corporations account for 70% of global trade, but 90% of business enterprises are small and medium enterprises, and employ 60% of the total workforce. With the appropriate skills, SMEs can supplement the corporations in support of regional and global trade and investment. Session Three Agriculture and Food Security If there is one area where the availability of space in Australia and the needs of the population of Indonesia complement, it is in food supply. How can and should we work together? Session Four Investment and Infrastructure We have a particular interest in foreign direct investment, especially in infrastructure. Is FDI welcome-who benefits? It is critical that investment policies and procedures are clear and consistent and user friendly. Session Five Trade Business is done within the framework set by governments. Business offers opinions but governments set policy. What do key government figures see developing in 2015 and 2020? Session Six Bilateral Agreements In an effort to enhance connectivity in trade and investment, Indonesia and Australia are working on a Comprehensive Economic Partnership Agreement. In the face of regional agreements, do bilateral agreements have a role? Is there perhaps an unrealistic hope for global trade and investment? Session Seven - Trilateral Cooperation At the annual Leaders' Meeting in Bogor on 5 July 2013, the Prime Minister of' Australia and President of Indonesia resolved "to continue advancing trilateral cooperation with Timor- Leste to promote greater economic links between eastern Indonesia, northern Australia and Timor- Leste. How can we help? Session Eight After Words The AIBC and IABC play a role in facilitating connectivity in the region. What do our respective ambassadors and presidents see developing in 2015 and 2020. Govenunent of \Vesterll Australia Depmiment oftlle Premier and Cabinet PARLIAMENTARY TRAVEL REPORT FORM Members are to provide a report to the Director General, Depaliment of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The DepaJiment of the Premier and Cabinet collates and coordinates the tabling of the reports in Parliament on a quarterly basis. The repmi below should be clear, concise and focus on the benefits of your trip to your constituents andlor parliamentary processes, the Western Australian community andlor the State of Western Australia. Please do not attach PowerPoint presentations, research reports or repmis otherwise available to the Parliament. . NAME OF MEMBER: Hon. Jacqueline Boydell DESTINATION/S:: - London, United Kingdon DATE OF TRAVEL: 7 December 2013 to 18 December 2013 PURPOSE OF TRJP: 7th Annual Public Sector Reform Symposium with the Hon. Liz Behjat MLC. Please refer to report for additional details. BENEFITS DERJVED FROM THE TRJP FOR THE STATE OF WESTERN AUSTRALIA: CA briefrepOlt of no more than 2 pages may be attached ifr~quired) Report attached. Report on Travel Undertaken by Hon. Liz Behjat MLC and Hon. Jacqui Boydell MLC London, 9 to 16 December 2013 ne main purpose of this trip was to attend the 7th Annual Public Sector Reform S\mposium organised by the International Centre for Parliamentary Studies (ICPS) to further increase our knowledge of this area as Members of the Legislative Ccuncil Standing Committee on Public Administration (Public Administration Ccmmittee). We also used the opportunity to arrange meetings with various people and organisations that were of interest to us, again, as Member of the Public Administration Committee. A day-by-day summary of our activities is listed below:- 9 December AM Meeting with National Offender Management Services (NOMS) Attendees: Simon Marshall - Head of Health Wellbeing and Substance Abuse Ian Goode - Head of Personality Disorder Team Vanessa Fowler (via phone) - Clinical Psychologist dealing with prisoners' mental health in Kent, Surrey and Sussex. This was a two-hour discussion on the provision of mental health services to people with the UK prison system. We were told about existing programs and new programs that are being trialled to try and divert mentally impaired offenders away from the prison system. 9 December PM Meeting with Nick Hardwick CBE, HM Chief Inspector of Prisons The Public Administration Committee has oversight over the WA Inspector of Custodial Services and this meeting was arranged so we could discuss his involvement and observations regarding the provision of mental health services in the UK prison system. 10 December Day One of the Public Sector Reform Symposium Speakers and papers delivered on the first day were: "What Should a Civil Service be Doing in the Early 21st Century" - Professor Martin Smith, University of York and Kelvin Hopkins MP, Member of the UK Public Administration Select Committee "Scoping the Size, Range and Cost of the Civil Service and Public Sector" - Professor Colin Talbot, University of Manchester "Dominant Themes and Challenges in Current Civil Service Reform in the UK" - Martin Stanley, former Chief Executive of the UK Competition Commission "Driving Through Focused Change in Reforming .the Public Administration: Case Study from the Republic of Ireland" - Robert Watt, Secretary General, Department of Public Expenditure and Reform, Republic of Ireland (copies of presented papers are available at htto.'l!publicsectorreform.org/presentations.ohp) 11 December Day Two of the Public Sector Reform Symposium Speakers and papers delivered on the second day were: "Reflections on Reforming the Public Sector in Dubai" - Professor Bassem Younes, Director of Strategic Alliances, Mohammed Bin Rashid School of Government, Dr AIi Sebaa AI Marri, Executive President, Mohammed Bin Rashid School of Government, and Dr Ahmed Badran, Assistant Professor of Public Policy, Mohammed Bin Rashid School of Government "Responsibility, Statute and Culture" - Rick Muir, Associate Director for Public SerVices, Institute for Public Policy Research "The Politics of Public Sector Reform in the UK from Thatcher to the Coalition" - Michael Burton, Author and Editorial Direct, the MJ (Municipal Journal) "Public AccountabilitV' - Robert Evans, former Member of the European Union, Councillor, Surrey County Council "Do Political Imperatives Serve as a Good Model to Reform the Public Sector and Civil Service?" - Professor Mushtaq Khan, London School of Oriental and African Studies (copies of presented papers are available at http.' //oublicsectorreform. orgipresen tations. ph p) The speakers and the papers presented at the symposium were of a high calibre and there was ample opportunity for participants in the symposium to question the speakers and engage in group discussion which allowed us to share our own experiences with the Public Sector in Western Australia and to learn from other jurisdictions about reforms they are considering or have implemented. 12 December AM Office of WA Agent General Meeting with Kevin Skipworth, WA Agent General and other members of staff to discuss projects being undertaken from the London and European offices on behalf of the WA Government. 12 December PM Cabinet Offices - Whitehall Meeting at the Cabinet Office with Richard Heaton CB, Permanent Secretary and First Parliamentary Counsel. Discussions concerning implementation of Social Impact Bonds and the benefits that have been derived from the scheme. The success of the Youth Justice Board in lowering the number of juvenile offenders held in custody. 13 December Site visit to Colnbrook Immigration Removal Centre, West Drayton Attendees: Wyn Jones, Regional Director, Custodial Michael Guy, Centre Manager This is a facility run by Serco on behalf of the UK Government which securely houses immigration detainees awaiting the outcome of their various visa applications and appeals. The average length of stay is 60 days prior to either release into the community if there is a positive outcome to their application or transportation to the airport to return them to their country of origin if their application is unsuccessful. This is a facility that holds both men and women, obviously of multiple ethnicities and religiOUS backgrounds. A high level of detainees with mental health issues, largely due to the circumstances they find themselves in. Serco run a number of programs that deal directly with the mental health issues but also other programs such as art, music, gardening, etc that can act as a diversion for the detainees whilst they await the outcome of their applications. This in some way assists in the avoidance of detainees developing mental health issues. 16 December AM Tour of the Houses of Parliament 16 December PM Meeting with Public Administration Select Committee Discussions concerning enquiries that have been undertaken by the Public Administration Select Committee and the manner in which they conduct their enquiries. Meeting with Health and Justice Committees Delivery of mental health services within custodial services and the wider community. Summary In conclusion, we feel that as the symposium dealt largely with Public Sector Reform already taken in the UK, the information passed on will benefit us greatly in our deliberations and debate concerning Western Australia's Workplace Reform legislation, currently before the Legislative Council. From a committee participation perspective, we held beneficial discussions regarding the delivery of mental health services in the prison system and the wider community, an issue that is very topical in Western Australia at the moment. Hon Liz Behjat MLC Member for North Metropolitan Region Hon Jacqui Boydell MLC Member for Mining & Pastoral Region ~ Government of Western Australia ~ Department of the Premier and Cabinet PARLIAMENTARY TRAVEL REPORT FORM Members are to provide a report to the Director General, Department of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The Department of the Premier and Cabinet collates and coordinates the tabling of the reports in Parliament on a quarterly basis. The report below should be clear, concise and focus on the benefits of your trip to your constituents and/or parliamentary processes, the Western Australian co=unity and/or the State of. Western Australia. Please do not attach PowerPoint presentations, research reports or reports otherwise available to the Parliament. . Hon. Liz Behjat MLC London, UK 9 -16 December 2013 PURPOSE OF TRIP: Please see attached report BENEFITS DERIVED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: CA brief ryport of no more than 2 pages may be attached if req\lired) Please see attached report Report on Travel Undertaken by Hon. Liz Behjat MLC and Hon. Jacqui Boydel/ MLC London, 9 to 16 December 2013 The main purpose of this trip was to attend the 7th Annual Public Sector Reform Symposium organised by the International Centre for Parliamentary Studies (ICPS) to further increase our knowledge of this area as Members of the Legislative Council Standing Committee on Public Administration (Public Administration Committee). We also used the opportunity to arrange meetings with various people and organisations that were of interest to us, again, as Member of the Public Administration Committee. A day-by-day summary of our activities is listed below:- 9 December AM Meeting with National Offender Management Services (NOMS) Attendees: Simon Marshall - Head of Health Wellbeing and Substance Abuse Ian.Goode - Head of Personality Disorder Team Vanessa Fowler (via phone) - Clinical Psychologist dealing with prisoners' mental health In Kent, Surrey and Sussex. This was a two-hour discussion on the prOVision of mental health services to people with the UK prison system. We were told about existing programs and new programs that are being trlalled to try and divert mentally Impaired offenders away from the prison system. 9 December PM Meeting with Nick Hardwick CBE, HM Chief Inspector of Prisons The Public Administration Committee has oversight over the WA Inspector of Custodial Services and this meeting was arranged so we could discuss his Involvement and observations regarding the prOVision of mental health services in the UK prison system. 10 December Day One of the Public Sector Reform Symposium Speakers and papers delivered on the first day were: "What Should a Civil Service be Doing in the Early 21st Century" - Professor Martin Smith, University of York and Kelvin Hopkins MP, Member ofthe UK Public Administration Select Committee "Scoping the Size, Range and Cost of the Civil Service and Public Sector" - Professor Colin Talbot, University of Manchester "Dominant Themes and Challenges in Current Civil Service Reform in the UK" - Martin Stanley, former Chief Executive of the UK Competition Commission "Driving Through Focused Change in Reforming the Public Administration: Case Study from the Republic of Ireland" - Robe[t Watt, Secretary General, Department of Public Expenditure and Reform, Republic of Ireland (copies of presented papers are available at htto:lIoublicsectorreform. orq/Presentations. ph p) 11 December Day Two of the Public Sector Reform Symposium Speakers and papers delivered on the second day were: "Reflections on Reforming the Public Sector in Dubai" - Professor Bassem Younes, Director of Strategic Alliances, Mohammed Bin Rashld School of Government, Dr Ali Sebaa AI Marri, Executive President, Mohammed Bin Rashid School of Government, and Dr Ahmed Badran, Assistant Professor of Public Policy, Mohammed Bin Rashid School of Government "Responsibility, Statute and Culture" - Rick Muir, Associate Director for Public Services, Institute for Public Policy Resea rch "The Politics of Public Sector Reform in the UK from Thatcher to the Coalition" - Mlchael Burton, Author and Editorial Direct, the MJ (Municipal Journal) "Public Accountability" - Robert Evans, former Member of the European Union, Councillor, Surrey County Council "Do Political Imperatives Serve as a Good Model to Reform the Public Sector and Civil Service?" - Professor Mushtaq Khan, London School of Oriental and African Studies (copies of presented papers are available at http://publlcsectorreform. orq/presentat/ons. php) The speakers and the papers presented at the symposium were of a high calibre and there was ample opportunity for participants in the symposium to question the speakers and engage in group discussion which allowed us to share our own experiences with the Public Sector in Western Australia and to learn from other jurisdictions about reforms they are considering or have Implemented. 12 December AM Office of WA Agent General Meeting with Kevin Skipworth, WA Agent General and other members of staff to discuss projects being undertaken from the London and European offices 011 behalf of the WA Government. 12 December PM Cabinet Offices - Whitehall Meeting at the Cabinet Office with Richard Heaton CB, Permanent Secretary and First Parliamentary Counsel. Discussions concerning implementation of Social Impact Bonds and the benefits that have been derived from the scheme. The success of the Youth Justice Board in lowering the number of juvenile offenders held in custody. 13 December Site visit to Colnbrook Immigration Removal Centre, West Drayton Attendees: WynJones, Regional Director, Custodial Mlchael Guy, Centre Manager This Is a facility run by Serco on behalf of the UI< Government which securely houses immigration detainees awaiting the outcome of their various visa applications and appeals. The average length of stay is 60 days prior to either release into the community if there is a positive outcome to their application or transportation to the airport to return them to their country of origin If their application is unsuccessful. This is a facility that holds both men and women, obviously of multiple ethnicltles and religious backgrounds. A high level of detainees with mental health issues, largely due to the circumstances they find themselves in. Serco run a number of programs that deal directly with the mental health issues but also other programs such as art, music, gardening, etc that can act as a diversion for the detainees whilst they await the outcome of their applications. This in some way assists in the avoidance of detainees developing mental health issues. , , 16 December AM Tour of the Houses of Parliament 16 December PM Meeting with Public Administration Select Committee Discussions concerning enquiries that have been undertaken by the Public Administration Select Committee and the manner In which they conduct their enquiries. Meeting with Health and Justice Committees Delivery of mental health services within custodial services and the wider community. Summary In conclusion, we feel that as the symposium dealt largely with Public Sector Reform already taken in the UK, the Information passed on will benefit us greatly in our deliberations and debate concerning Western Australia's Workplace Reform legislation, currently before the Legislative Council. From a committee participation perspective, we held beneficial discussions regarding the delivery of mental health services in the prison system and the wider community, an issue that is very topical in Western Australia at the moment. Hon Liz Behjat MLC Member for North Metropolitan Region Hon Jacqul Boydell MLC Member for Mining & Pastoral Region Member for Cannington Unit 4, 10 Cecil Ave CAN~IINGTON, WA 6107 PO Box 1171 CANNINGTOI" WA 6987 Mr Peter Conron Ph 08 9356 5011 Director General Fax 08 9356 5077 [email protected] Depaltment of Premier and Cabinet Dumas House 2 Havelock Street West Pelth WA 6005 r2'~v DearMrC~n RE: Overseas Travel - Java, Indonesia (10) 12 to 22 Jannary 2014 I am writing to provide you with a repmt on my recent travel to the island of Java, Indonesia, in accordance with the approval previously granted for a "Java Familiarization Tour", involving myself and four other Members of the Legislative Assembly. I have attached: • a brief repmt on our activities during our stay. I believe my colleagues will include this repmt with their acquittals. • a copy of the agenda for the "Indonesia Summit" conducted by The Encomiast Intelligence Unit, an affiliate of The Economist newspaper The ABS records over 1,800 residents in the District of Cannington in the 2011 census who were born in Indonesia. That is almost 4.5% of the residents in the District, which emphasis the impoltance of being familiar with Indonesia to my work. I note that this was my fomth visit to Indonesia as a Member of Parliament; and 1 think it is about the 15 th time I have been to Indonesia since I studied there in 1981-82. I believe that this palticular visit provided a very good foundation for my colleagues and me to build a deeper relationship with Indonesia; a relationship that is more than just economics and trade. There were many highlights in our itinerary, but one was clearly our meeting with the "KPK", the COlTuption Eradication Commission. There is no greater sign of the changing nature ofIndonesia as a developing democracy than the success of the KPK, and the enthusiastic team of people that we meet in Jakarta reflects that new paradigm. I would like to record my thanks to the various organizations that assisted me in arranging this trip, in particular: • The Consulate General of the Republic ofIndonesia in Pelth; • The Depmtment of Foreign Affairs and Trade, and the Australian Embassy, Jakmta; and • The Australia Indonesia Business Council and the Indonesia Australia Business Council I appreciate that the Parliamentmy Travel Scheme has allowed this trip to take place. Finally, I have enclosed receipts for my airfares and for my attendance at the "Indonesia Summit" conference; and I continue to claim for 10 days/nights for accommodation, meals and incidentals (noting that my first two days in Indonesia were principally private and I did not claim allowances for those two days). This means my travel allowance advance is fully acquitted. If there are fUlther issues that need to be dealt with by me, please call me at my office on 93565011. Yours sincerely ~~\~G- Bill Johnstoll MLA Member for Call1lillgtoll 3 February 2014 Familiarization ToUt' of Java l2llY..l 12 Januaty 2014 • MLA's Roger Cook, Janine Freeman, Mat'gat'et Quirk and Peter Tinley arrived in Jakat1a to join Bill Johnston to begin the Java Familiarization ToUt', Day2 13 Januaty 2014 • Familiarization toUt' of Jakat1a • Meeting with newly arrived student par1icipants from ACISIS, the Australian Cons0l1ium for In-Country Indonesian Study, o Development studies students o Journalism students • Meeting with the Corruption Eradication Commission • Meeting with the Indonesian Crime Prevention Foundation • Working Dinner with Executive Board members of the Indonesia Australia Business Council Day 3 14 January 2014 • Familiarization tour of Jakat1a • Briefing from Deputy Head of Mission, Australian Embassy Jakarta, and senior staff, • Working lunch with Kellie-Jane Pritchard, WA Representative, DSD Jakat1a • , Informal drinks with members of the Australia Indonesia Youth Association (Jakarta Chapter) Day4 15 January 2014 • Attend the "Indonesia Summit", conference conducted by the Economist Intelligence Unit o Conference papers attached 2 Day 5 16 January 2014 • Train travel to Bandung • Meeting with Pesat Foundation, Bandung o Briefed on the work of this NGO, particularly focusing on providing clean water solutions at the village level • Visit to the Institute of Technology Bandung • Sundanese cultural performance • Asia Africa Museum, commemorating the 1955 Bandung Conference which created the Non-Aligned Movement Day 6 17 JanualY 2014 • Regional visit outside Bandung • Visit to Pacific Brands factory in Jabebeka Industrial Estate, Bekasi Day 7 18 January 2014 • Air travel from Jakarta to Y ogya • Familiarization tour in Y ogya • Dinner with representatives of the Indonesia Australia Business Council (Y ogya Chapter) Day 8 19 January 2014 • Meeting with Elena Williams, ACICIS Resident Director • Visit to Ratu Boko and Prambanan World Heritage sites Day9 20 January 2014 • Visit to Borobudur World Heritage site, and museum 3 • Visit to Mendut temple • Overland travel to Surabaya Day 10 21 Janumy 2014 • Meeting with the Deputy Governor of East Java Province • Meeting with the Speaker of the East Java Parliament • Meeting with national, provincial and local officials from the All Indonesia Labour Union Conference • Dinner with members of the Indonesia Australia Business Council (East Java Chapter) Day 11 22 Janumy 2014 • Meeting with the Center for the Study of Human Rights at the University of Surabaya • Depmiure for Australia Indonesia Summit 2014 What Indonesia fleeds flOW January 15th 2014 • Shangri-La Hotel· Jakarta With parliamentary and presidential elections due, 2014 will be decisive in Indonesia. The country is now a mature democracy, but many believe reform has stalled. Indonesia has survived the global financial troubles ofthe past half decade relatively unscathed, but infrastructure bottlenecks and regulatory hurdles hamper the country's economic potential. Whoever takes office in 2014 will have a big job on their hands. At this critical point, The Economist will convene a high-level gathering of political leaders, policymakers, academics and senior business executives to discuss what Indonesia needs from its new government, whoever it may be. Conference chair Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit Session moderators Richard Cockett, South-East Asia Correspondent, The Economist Simon Long, Banyan Columnist, The Economist Ross O'Brien, Director, Hong Kong, The Economist Corporate Network © 2014 The Economist Events This is a confidential draft programme forthe conference mentioned in this document. All topics and speakers are indicative and subject to change. Agenda 8.45am Opening remarks The conference chair will set the scene for the day's discussions. Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit 9.15am Panel discussion: What Indonesia needs now Parliamentary and presidential elections are sure to dominate Indonesia's national conversation for much of 2014. Indonesians will be treated to a daily dose of familiar faces and ambitious up-and-comers, telling them what they plan to do if they succeed at the polls. But are the proclamations of (often popUlist) politicians a good indication of whatthe country really needs? Here, we turn the question on its head. Instead of asking politicians whatthey will do, we ask senior business leaders, academics, and political analysts what they will want from Indonesia's political leaders. • What top three reforms does Indonesia need for continued economic growth? • What policies are candidates not talking a bout enough? • What would panellists' policy platform be if they were running for office? • Has Indonesia's idea of what it needs diverged from the world's view of what Indonesia needs? Pa nellists: Shoeb Zainuddin Kagda, Group Editor-in-Chief, The Jakarta Globe Raoul Oberman, Chairman, Indonesia, McKinsey & Company Donald Kanak, Chairman, Prudential Corporation Asia Natalia Soebagjo, Executive Director, Center for the Study of Governance, University of Indonesia Moderator: Ross O'Brien, Director, Hong Kong, The Economist Corporate Network 10.05am Keynote interview: What Jakarta needs now Sutanto Soehodho, Deputy Governor, Transportation, Trade and Industry, Provincial Government of Jakarta Moderator: Simon Long, Banyan Columnist, The Economist © 2014 The Economist Events This is a confidential draft programme for the conference mentioned in this document. An topics and speakers are indicative and subject to change. 10.40am Networking break 11.10am Panel discussion: Finding the sweet spot Indonesia should be in the 'sweet spot.' It enjoys solid growth rates and has under its belt two decades of stable democracy. Ayoung population coupled with economic expansion suggests the country is poised to benefit from a 'demographic dividend.' But- as recent jitters aboutthe Indonesian economy suggest - these conditions cannot be taken for granted. How can Indonesia make the most of its sweet spot? And how can it avoid frittering its potential away? • Is Indonesia at risk of becoming uncompetitive due to wage pressures? How can it become a manufacturing powerhouse? • What effect is regulatory uncertainty having on inbound foreign direct investment? • What trends, from within Indonesia or outside-including social and religious tensions- threaten to derail the country's recent growth story? Opening interview: Muhamad Chatib Basri, Minister of Finance, Republic ofIndonesia Panellists: James Castle, Chairman and Chief Executive Officer, CastleAsia Su Sian Lim, ASEAN Economist, HSBC Peter Sondakh, Chairman, Rajawali Group Moderator: Richard Cockett, South-East Asia Correspondent, The Economist 12.00pm In conversation: Education and civil society- Report from the front line Regulatory reform will attract new financial capital to Indonesia. But to truly realize its potential, Indonesia must do more to develop its human capital. Strained budgets mean that new education initiatives cannot always come from government. Business and the community must play their part, too. We focus on the grass-roots innovation that is improving human capital across Indonesia. Anies Baswedan, President, Paramadina University Moderator: Richard Cockett, South-East Asia Correspondent, The Economist © 2014 The Economist Events This is a confidential draft programme for the conference mentioned in this document. All topics and speakers are indicative and subject to change. 12.25pm Panel discussion: Eastern Indonesia Eastern Indonesia, rich in natural resources, is a hotspot for foreign investors. Yet the region also presents many more difficulties for both foreign and local companies than the more developed western islands. Papua's independence movement remains active. Local government, local people, the international community, and investors' own charters demand the right balance economic development on one hand and human rights and environmental concerns on the other. • What effect has decentralization had on investment in Eastern Indonesia? How can effective governance be guaranteed? • How should investors manage the physical, commercial, social and environmental risks of doing business in remote and often politically contested areas? • What risks and opportunities will come from opening up the Indonesia-PNG border? • How can investment in natural resources be balanced by local human resources development? How can the economic gap with the richer western islands be closed? Panellists: Susilo Siswoutomo, Vice Minister of Energy and Mineral Resources, Republic of Indonesia Taufik, Director, Electric Power Institute, Cal Poly State University Maarten Wetselaar, Executive Vice President, Integrated Gas, Shell Jim Brumby, Lead Economist for Indonesia, The World Bank Moderator: Ross Q'Brien, Director, Hong Kong, The Economist Corporate Network 1.10pm Networking lunch 2.25pm Case Study interview: Tackling corruption through public sector reform- tackling forest fire through multi-door crime handling Kuntoro Mangkusubroto, Head, President's Delivery Unit for Development Monitoring and Oversight, Republic of Indonesia Moderator: Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit 2.55pm Tackling corruption through improved corporate governance: Interactive workshop The challenge: How can the corporate sector become part of the reform process? Expert comments from: Peter Verhezen, Adjunct Professor, Melbourne Business School Discussion leader and moderator: Ross Q'Brien, Director, Hong Kong, The Economist Corporate Network © 2014 The Economist Events This is a confidential draft programme for the conference mentioned in this document. All topics and speakers are indicative and subject to change. 3.45pm Networking break 4.15pm What if? Infrastructure 2024 We ask experts from the public and private sectors to indulge in a moment of blue-sky thinking. If all constraints were removed, what would Indonesia's infrastructure mix look like a decade from now? Would traffic in Jakarta's streets flow freely? Would rural residents be connected to their city cousins? Could the increased flow of goods boost the country's trade output? Then, we'll take a reality check. What is the likelihood of this vision becoming a reality? What are the roadblocks? And what is the one big policy reform that a new President could enact to overcome them? Will relaxed rules on foreign investment lead to a surge in airport and port building? Can the PPP model work at the national and regional government level? Or will the trend of private business partnering with local governments directly continue? Panellists: Bambang PS Brodjonegoro, Vice Minister of Finance, Republic of Indonesia Winang Budoyo, Chief Economist, CIMB Niaga Bank Scott Younger, Director, Nusantara Infrastructure Raj Kannan, Managing Director, Tusk Advisory Moderator: Richard Cockett, South-East Asia Correspondent, The Economist 5.05pm Keynote interview: What Indonesia needs now - the view from Jakarta Agus Martowardojo, Governor, Bank Indonesia Moderator: Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit 5.35pm Closing remarks from the chairman Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit 5.45pm Conference close © 2014 The Economist Events This is a confidentiaL draft programme for the conference mentioned in this document. All topics and speakers are indicative and subject to change. Margaret Quirk M.tA Our Ref: 30-2014 Membel For Glllowheen Shop 10 NewpClIK Shopping Cif Mr Peter Conran Templelon Cras. Glr/awheen Director General Weslern Ausl,oUo 6064 Department of Premier and Cabinet PO Box. 60~5 Ghfowheen 6064 Dumas House 1 0892472477 2 Havelock Street F 0892472474 West Perth WA 6005 E glrro@mp,wo.go\"au Dear Director General RE: Overseas Travel· Java, Indonesia 12 to 22 January 2014 am writing to provide you with a report on my recent travel to the island of Java, Indonesia, in accordance with the approval previously granted for a "Java Familiarization Tour", Involving myself and four other Members of the Legislative Assembly. I have attached: • a brief report on our activities during our stay. I believe my colleagues will Include this report with their acquittals. • a copy of the agenda for the "Indonesia summit" conducted by The Economist Intelligence Unit, an affiliate of The Economist newspaper. This particular visit provided a very good foundation for my colleagues and me to build a deeper relationship with Indonesia; a relationship that Is more than just economics and trade. As Shadow Minister for Multicultural Interests this Is of great importance to me. There were many highlights In our itinerary, but one was clearly our meeting with the "KPK", the Corruption Eradication Commission. There is no greater sign'ofthe changing nature of Indonesia as a developing democracy than the success of the KPK, and the enthusiastic team of people that we meet In Jakarta reflects that new paradigm. I would like to record my thanks to the various organizations that assisted me In arranging this trip, in particular: • the Consulate General of the Republic of Indonesia in Perth; o the Department of Foreign Affairs and Trade, and the Australian Embassy, Jakarta; and • the Australia Indonesia Business Council and the Indonesia Australia Business Council I appreciate that the Parliamentary Travel Scheme has allowed this trip to take place. I also enclose a summary of costs Incurred noting that I have made no claim for accommodation. My travel allowance advance has been fully acquitted with DPC. If there are further issues that need to be dealt with by me, please call me at my office on 9247 2477. Yours sincerely ~~ MARGARET QUIRK MlA MEMBER FOR GIRRAWHEEN 25 March 2014 OVERSEAS TRAVEL - JAVA INDONESIA 12 - 22 January 2014 Air Fare $2,465.00 Taxi $ 280.00 Conference Fee $1.140.00 Tota! Imprest Reimbursement $3,885.00 8.45am Opening remarks The conference chair will set the scene for the day's discussions. Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit· 9.15am Panel discussion: What Indonesia needs now , Parliamentary "nd presidential elections are sure to dominate Indonesia's national conversation for much of 2014. Indonesians will be treated to a daily dose of familiar faces and ambitious up-and-comers, telling them what they plan to do if they succeed atthe polls. '. But are the proclamations of (often populist) politicians a good indication of what the \ . country really needs? • Here, we turn the question' on its head. Instead·of asking politicians what they will do, we ask senior business leaders, academics, and political analysts whatthey will want from Indonesia's political leaders. • What top three reforms does Indonesia need for continued economic growth? • What policies are candidates not talking about enough? • What YiOuld panellists' policy platform be ifthey were running for office? Has Indonesia's idea of what it needs diverged from the world's view of what Indonesia needs? Panellists: Raoul Oberman, Chairman, Indonesia, McKinsey & Company Donald Kanak, Chairman, Prudential Corporation Asia Shoeb Zainuddin Kagda, Group Editor-in-Chief, The Jakarta Globe Natalia Soebagjo, Executive Director, Center for the Study of Governance, University of Indonesia. Moderator: Ross O'Brien, Director, Hong Kong, The Economist Corporate Network lO.05am Keynote interview Joko Widodo, Governor of Jakarta, Republic of Indonesia Moderator: Simon Long, Banyan Columnist, The Economist 10.40am Networking break © 201lj lhe Economi>t twn15 11.10am Panel discussion: Finding the sweet spot Indonesia should be in the 'sweet spot.' It enjoys solid growth rates and has under its belt two decades of stable democracy. Ayoung population coupled with economic expansion suggests the country is poised to benefit from a 'demographic dividend.' But- as recent jitters about the Indonesian economy suggest - these conditions cannot be taken for granted. How can Indonesia make the most of its sweet spot? And how can it avoid frittering its potential away? • Is Indonesia at risk of becoming uncompetitive due to wage pressures? How can it become a manufacturing powerhouse? \ ' • What effect is regulatory uncertainty having on inb'ound foreign direct investment? • What trends, from within Indonesia or outside-including'social and religious tensions- threaten to derail tlte country's recent growth story? Opening interview: ~luhamad Chatib Basri, Minister of finance, Rep ublic of Indonesia Panellists: James Castle, Chairman and Chief Executive Officer, CastleAsia Su Sian Lim, ASEAN Economist, HSBC ' Peter Sondakh, Chairman, Rajawali Group Moderator: Richard Cockett, South-East Asia Correspondent, The Economist 12.00pm In conversation: Education and civll society - Report from the front line Regulatory reform will attract new financial capital to Indonesia. ,But to'truly reallze its potential, Indonesia must do more to develop its human capital. Strained budgets mean that new education initiatives cannot always come from government. Busi'ness and the community must play their part, too. We focus on the grass-roots innovation that is improving human capital across Indonesia. Anies Baswedan, President, Paramadina University ~oderator: , Richard Cockett, South-East Asia Correspondent, The Economist _ © 2014 The Economist Events 12.25pm Panel discussion: Eastern Indonesia Eastern Indonesia, rich in natural resources, is a hotspot for foreign investors. Yet the region also presents many more difficulties for both foreign and local companies than the more developed western islands. Papua's independence movement remains active. Local government, local people, the international community, and investors' own charters demand the right balance of economic development on one hand and human rights and . environmental concerns on the other. • What effect has decentralization had on investmentin Eastern Indonesia? How can effective governance be guaranteed? • How should investors manage the physical, commercial, social and environmental risks of doing business in remote and often politically contested areas? • What risks and opportunities Will come from opening up the Indonesia-PNG border? • How can investment in natural resources be balanced by local human resources development? How can the economic gap with the richer western islands be closed? Panellists: Susilo Siswoutomo, Vice Minister of Energy and Mineral Resources, Republic of Indonesia Taufik, Director, Electric Power Institute, Cal Poly State University Maarten Wetselaar, Executive Vice President, Integrated Gas, Shell Jim Brumby, Lead Economist for Indonesia, The World Bank Moderator: Ross O'Brien, Director, Hong Kong, The Economist Corporate Network 1.10pm Networking lun,ch 2.25pm . Case Study interview: Tackling corruption through public sector reform - tackling forest fire through multidoor crime handling Kuntoro Mangkusubroto, Head, President's Delivery Unit for Development Monitoring and Oversight, Republic of Indonesia ~loderator: Charles Goddard, Editorial Director, Asia-Pacific, The Economist Intelligence Unit 2.55pm Tackling corruption through improved corporate governance: Interactive workshop The challenge: How can the corporate sector become part of the reform process? Expert comments from: Peter Verhezen, Adjunct Professor, Melbourne Business School Discussion leader and moderator: Ross O'Brien, Director, Hong Kong, The Economist Corporate Network 3.45pm Networking break © 2014 The: Economist £y~nl:s Familiarization Tour of Java Day 1 12 January 2014 • MLA's Roger Cook, Janine Freeman, Margaret Quirk and Peter Tinley arrived in Jakarta to join Bill Johnston to begin the Java Familiarization Tour. Day2 13 January 2014 • Familiarization tour of Jakarta • Meeting with newly arrived student participants from ACISIS, the Australian Consortium for In-Country Indonesian Study. o Development studies students o Journalism students • Meeting with the Corruption Eradication Commission • Meeting with the Indonesian Crime Prevention Foundation o Working Dinner with Executive Board members of the Indonesia Australia Business Council Day3 14 January 2014 • Familiarization tour of Jakarta • Briefing from Deputy Head of Mission, Australian Embassy Jakarta, and senior staff. • Working lunch with Kellle-Jane Pritchard, WA Representative, DSD Jakarta o Informal drinks with members of the Australia Indonesia Youth Association (Jakarta Chapter) Day4 15 January 2014 . • Attend the "Indonesia Summit", conference conducted by the Economist Intelligence Unit 2 o Conference papers attached Day 5 16 January 2014 • Train travel to Bandung • Meeting with Pesat Foundation, Bandung o Briefed on the work of this NGO, particularly focusing on providing clean water solutions at the village level • Visit to the Institute ofTechnology Bandung • Sundanese cultural performance o Asia Africa Museum, commemorating the 1955 Bandung Conference which created the Non-Aligned Movement Day 6 17 January 2014 • Regional visit outside Bandung • Visit to Pacific Brands factory In Jabebeka Industrial Estate, Bekasl Day7 18 January 2014 • Air travel from Jakarta to Yogya • Familiarization tour in Yogya • Dinner with representatives of the Indonesia Australia Business Council (Yogya Chapter) Day8 19 January 2014 • Meeting with Elena WiIIlams, ACICIS Resident Director • Visit to Ratu Boko and Pra mbanan World Heritage sites 3 Day9 20 January 2014 • Visit to Borobudur World Heritage site, and museum • Visit to Mendut temple • Overland travel to Surabaya Day 10 21 January 2014 • Meeting with the Deputy Governor of East Java Province • Meeting with the Speaker of the East Java Parliament • Meeting with national, provincial and local officials from the All Indonesia Labour Union Conference • Dinner with members of the Indonesia Australia Business Council (East Java Chapter) Day 11 22 January 2014 • Meeting with the Center for the study of Human Rights at the University of Surabaya • Departure for Denpasar '. ' .. International CooperaUon : KPK Indonesia EXPlJriences III Combating COrfl/Dlioll Directorate of Fostering Networks Between Commissions and lnstitutionp. Corruption Eradication Commission (KPK) Republic ofIndonesia .! ... i INDONESIA Features: - Total Population + 246Million, 17,508 islands, 6000 inhabited - More 300 ethnics & 724 local languages - Per Capita GDP:US$ 4,000 (2013) - 1,919,440km2 - 34 provinces, > 500 districts - Central & regional Direct Election - CPI:3.2 (2013); 2.3 (2007) ~ improved 0,9 in 6 years! - Member of G-20, APEC, ASEAN, SEA-PAC, etc - Maintain positive Economic growth during the current crisis (>5°~~ " ': . HUMAN RESOURCE COMPOSITION (2013) By organization unit By employment status 1 Commissioners 5 1 Commissioners 5 2 Advisors 1 2 Advisors 1 3 Prevention 134 3 Seconded Civil Servants 182 4 Repression 190 4 Permanent Staff 439 5 Information and Data 127 5 Non permanent staff 46 6 Internal monitoring and 73 Total 674 public reporting 7 Secretariat General 143 Total 674 KPK features: th • Established in Dee 29 , 2003 • Independent from the Executive, Legislative, Judiciary and any other powers • Prosecution and investigation bodies • Responsible to the Public o Supervise & Coordinate Attorney General Office & National Police in handling corruption cases • Authorized to handle money laundering cases since 2010 International Cooperation Tht'J!t'};"~'Plm~I' .'''''''''_ "... ,w. j' V P A Jt :t.';.7>i1.'·t;~:..\t.' Kp f'\. ower and uthonty _,\;;M,,~:t:,:'. ", r..;:/~,P.'~.:.J1~J~·."'j~{1~I• ,.;~. ~!}'liW "'I'" "',~'" .. ' :;.' ,t,-;l':".. ""!~:' .. ' ·.:; .... l,;~ $ Intercept any communication (phone, text messaging, email, fax, internet, etc) ~, To request banks and other financial institutions of suspect or defendant on financial details o To order banks or other financial institutions to block accounts suspected to harbour the gains of corrupt activities of a suspect, defendant, or other connected parties o To request data on the wealth and tax details of a suspect or defendant from the relevant institutions a To request travel ban KPK 7i'1b'. J!l'l' ',I:!lItT1~J' " ...... ".,'". ,. tAU""",';.' ' ··~n ..; ..,t.' KPK Power and Authority "j;';~~.~1~~~~:1'·) :)- .(;~~\, "\;-;::':~ # •• ," ;:... ·"1 o Temporarily halt financial and trade transactions, and other forms of contract, or tQl temporarily annul permits, licenses, and concessions owned by suspects or defendants) assuming that preliminary evidence has any connection to the case being investigated 9 Investigate high profile public/law enforcement· officers without any clearance/permission from any authority/president e Other authority as mentioned in Criminal Procedure and Penal Codes, i.e. Arrest, Search, Seizure, Surveillance, Undercover, etc Campaign & PubUc Education Public Camllajgn.&SociaU7~tion o Allti-.Coiruption Ghillutcs Cl MulLimcdta Il'laLerl;;!.ls D Org::mizing !\Vents o pnblic Campaign events D Mobile &, OutreBch C~mpalgu U TV and Radio CampaIgn q Artist of integrity }\riLi CUITuplion EdLlcnLivu: .. "1~i:,r ODevelopmg module for Elementary s(:booi, JUlliQf "'! .-" ...... ,. High School,University, jnumalist, private fiedof, public official, parliament. ctc OTmin Lhe Trainers for lhe UrriversiLy S ludenL UConducting Seminars and Worlcshop Wealth report I.:~ . . · ., '. ' KPK requests all ministries, agencies and state owned enterprises to expand the scope of their mandatory wealth reporting to include even lower levels. Research and Development INITIATIVES: . ./ The Public Sector Anti-corruption Initiative Assessment (PIAK) government ./ The Anti-corruption Initiative Study (S IAK)-private ./ Tolls development of raising anti corruption culture in the family Corruption Cases SuccesfuUy handled by KPK (2004 - 30 Nov 2013) 73 Member of Parliaments 9 Ministers/Head of Ministerial Level 100% conviction rate Within 10 years 1 Governor of Central Bank & 5 Deputies Governor 9 Province Governors 34 Mayors and Head of Regents/District 8 Commissioners of General Election; Judicial; Anti-Monopoly Commissions 4 Ambassadors (incl. former Chief Nationa.1 Police) and 4 General Counsels 4 Judges, 2 Prosecutors and 3 Defense Counsels, Tax Investigators, Customs Investigators, include 1 KPK's investigator Hundreds High rank Govt Officials-echelon I & 11 (Director General, Secretary general, Deputy, Director, etc) hundreds High rank CEO of state owned companies and private sectors involved in public corruption lKPK Y.mbl F'ltchtllb>•• 'I1'!Ir.Jj'll Types of Corruption handled 51 Procurements fill Licensing L.. Bribery ffii Illegal Charges fill Missued Budget Key Success Factors in general " I> Involvement of investigator and prosecutor since in the beginning of pre-investigation I> Immediate action in response handled by Rapid Movement Unit I> Comprehensive technology support for intelligent and investigation operation (interception, forensic, database and tactical technology) I> Certainty of time frame in the process of indictment, prosecutio~ and court process by law I> Could not stop any investigation in the mid way I> Put an extra efforts to gather evidence more than the required threshold evidence I> Admissible electronic evidence support during court proceeding -"If crime crosses all borders, so must law enforcement" (Kofi Annan, UN secretary General) INTERNATIONAL COOPERATION KEY AREAS '" Law enforcement cooperation \') Joint investigations '" Information sharing () Special investigation techniques o Special provisions for witrnesses '" Special provisions of evidence @ Anti~money laundering measures e Established 21 Bilateral MoUs with international agencies. MOU as 'bridging tools' of further international cooperation (l Active participation in more than 30 multilateral forums such as: G20 WGAC, OECD WGB, UNCAC, IMCA, APEC ACT, SEA-PAC, ADB- < OECD, ACA Forum, ICPO-lnterpollAseanapol, APG-FATF, IACC, Anti Corruption Hunter Networks, OIC/OKI Anti Corruption & Enhancing Integrity, etc o I Q Attended by around 40 of heads of ACAs, experts and representatives of regional networks o The participants reviewed and discussed country experiences, challenges faced by ACAs and key requirement to ensure the independence and effectiveness of ACAs --1 Drafting the Principles of ACAs o Declaration of Jakarta Statement --1 Recommendation on principles to ensure the independence and effectiveness of anti corruption agencies KPK DK ,:.:nbll\lut"UW6IJoltt\¥I! STRATEGY MAP Handling Grand • Fraud Corruption control & Strengthening other LEA Strategic Strengthening Sectors Political National Improvement System & Integrity based on Integrity System National development . , . ", " !r,:i('f-i\1 Government of Western Australia jl',l:;!lll Department of the Premier and Cabinet ~j,==~4L PARLIAMENTARY TRAVEL REPORT FORM Members are to provide a repoti to the Director General, Depatiment of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The Department of the Premier and Cabinet collates and coordinates the tabling of the reports in Parliament on a quatierly basis. The repoti below should be clear, concise and focus on the benefits of your trip to your, constituents and/or parliamentary processes, the Westem Australian community and/or the State of Westem Australia. Please do not attach PowerPoint presentations, research reports or repOlis otherwise available to the Parliament. NAME OF MEMBER: ' Peter Tinley DESTINATION/S:_ Java Indonesia DATE OF ' 12 to 20 January 2014 TRAVEL:' , PURPOSE OF TRIP: Familiarization Tour of Java (this itinerary is edited from reports submitted by other members on this tour) Dall1 12 Januar1l2014 • MLA's Roger Cook, Janine Freeman, Margaret Quirk and Peter Tinley arrived in Jakarta to join Bill Johnston to begin the Java Familiarization Tour. Da1l2 13 Januar1l2014 • Familiarization tour of Jakarta • Meeting with newly arrived student participants from ACISIS, the Australian Consortium for In-Country Indonesian Study. 0 Development studies students 0 Journalism students • Meeting with the Corruption Eradication Commission • Meeting with the Indonesian Crime Prevention Foundation • Working Dinner with Executive Board members of the Indonesia Australia Business Council Day 3 14 January 2014 o Familiarization tour of Jakarta • Briefing from Deputy Head of Mission, Australian Embassy Jakarta, and senior staff. o Working lunch with Kellie-Jane Pritchard, WA Representative, DSD Jakarta o Informal drinks with members of the Australia Indonesia Youth Association (Jakarta Chapter) Day 4 15 January 2014 • Attend the "Indonesia Summit", conference conducted by the Economist Intelligence Unit. See Bill Johnston's travel report for relevant conference papers. Day 5 16 January 2014 • Train to Bandung o Briefing by the NGO Pesat Foundation, Bandung on their work in providing clean water solutions at the village level • Visit to the Institute of Technology Bandung • Sundanese cultural performance Day 6 17 January 2014 • Regional visit outside Bandung o Visit to Pacific Brands factory in Jabebeka Industrial Estate, Bekasi Day 7 18 January 2014 • Air travel from Jakarta to Yogya • Familiarization tour in Yogya o Dinner with representatives of the Indonesia Australia Business Council (Yogya Chapter) Page 2 Day 8 19 January 2014 o Meeting with Elena Williams, ACICIS Resident Director • Visit to Ratu Boko and Prambanan World Heritage sites Day 9 20 January 2014 • Departure for Australia BENEFITS DERlVED FROM THE TRlP FOR THE STATE OF WESTERN AUSTRALIA: Benefits of this visit include, but are not limited to, the following: o Understand the cultural and economic environment of our nearest neighbour • Understand the economic opportunity growing in Indonesia o Corruption frameworks and effect on business confidence • Introduction to non-government organisations with cross cultural and business interests with Western Australia • Tourism operations o Visit and discuss industry experience in operating in Indonesia • Education and skills training.