New Package of Bills Introduced for Norfolk Island by CTH: Abolishment of Self Governance

Tuesday 19 May 2015 @ 9.55 a.m. | Legal Research

In a new package of Bills introduced by the Commonwealth Parliament on 26 March 2015 and passed through the Senate on 14 May 2015, many functions of  Norfolk Island, including their self-governance provisions, have been abolished and replaced by Federal provisions.

Background to Norfolk Island Governance

Norfolk Island (NI) was accepted as an Australian external territory in 1913. Under arrangements introduced in 1979 Norfolk Island has had partial self-government in which the Norfolk Island Government is required to deliver many federal, state and local services. Australian taxation, migration, health and welfare services do not extend or only partially extend to NI.

According to the “Same Country: Different World” report of the Joint Standing Committee on the National Capital and External Territories, substantial changes were recommended to the governance of NI, as well as the provision of economic reforms like social security, medicare and other Federal reforms.

The Package of CTH Bills

There are two principal objectives of this package of Bills. The first is amendment of the Norfolk Island Act 1979 (CTH) to reform governance arrangements of Norfolk Island.

The second principal objective of this package of Bills is the extension of many mainland social security, immigration, and health arrangements to Norfolk Island, as well as changes to the tax system. This will implement the election commitment the Australian Government made in September 2013 and is consistent with the general principle that as Norfolk Island is part of Australia, those Australians who live there should have the same obligations and receive the same access to benefits as other Australians.

The current package of Bills includes:

  • Health and Other Services (Compensation) Care Charges Amendment (Norfolk Island) Bill 2015;

  • Health Insurance (Approved Pathology Specimen Collection Centres) Tax Amendment (Norfolk Island) Bill 2015;

  • Health Insurance (Pathology) (Fees) Amendment (Norfolk Island) Bill 2015;

  • Norfolk Island Legislation Amendment Bill 2015;

  • Private Health Insurance (Risk Equalisation Levy) Amendment (Norfolk Island) Bill 2015; and

  • Tax and Superannuation Laws Amendment (Norfolk Island Reforms) Bill 2015.

The NI population of 1,800 held a referendum on the 8 May 2015 voting not to go ahead with the reforms, however, the bills have already been passed by the CTH Parliament and await assent.

According to the explanatory materials, there will be an interim transition time until 1 July 2016 when Norfolk Island will be expected to be established under arrangements with the New South Wales Government for the delivery of state level services. It is anticipated that a Norfolk Island Regional Council body would be established under New South Wales applied law or an ordinance under the Norfolk Island Act 1979, to be an elected local government body for the Territory.

Legislative Assembly of Norfolk Island

It is proposed to abolish the Legislative Assembly, with the effect that the offices of all present members of the Assembly will terminate. Enactments of the Legislative Assembly and all ordinances made by the Governor-General that are currently in force in the Territory will be preserved, as will laws made under such enactments and Ordinances.

Legislative power for the Territory will be conferred on the Governor-General, who will have broad power to make Ordinances for the peace, order and good governance of the Territory, including amending or repealing any Norfolk Island laws, however described (for example including all enactments, Ordinances, subordinate legislation) that are in force at the time the part of the Bill commences.

Reaction from Norfolk Island

The NI Government has in principle welcomed the extension of Australian health and welfare measures but does not support the governance arrangements as recommended by the Same Country: Different World report and the implementation of the recommendation through this Bill.

According to the Norfolk Island Government Parliamentary Papers:

"At the heart of the self-government experience was the recognition that Norfolk Island is different from Australia. The present intent of the commonwealth is to make it the same. The debate about whether Norfolk Island is “part of” the Commonwealth reflects that tension.  It is not an empty slogan, but the foundation of the nature of Norfolk Island as a polity.  And it is not the case that that debate has ended.  Many authoritative commentators, ranging in time from Sir Robert Garran to Professor James Crawford, have expressed the view that Norfolk Island is not part of the Commonwealth but a dependency of it. The High Court of Australia itself said in 2007 that “the answer to the question whether an external territory is ‘part of the commonwealth’ may depend upon the purpose for which the question is asked.  There are different senses in which a place, or a community, or a body politic, may be said to be, or not to be ‘a part of’ another place, or community, or body politic”. And until now the Commonwealth has itself recognised that, even if the Island is part of the Commonwealth, it should be treated in many respects as if it were not.  But it seems that that viewpoint is now to be abandoned."

The referendum result on 8 May 2015 on Norfolk Island clearly demonstrates that the residents of Norfolk Island are not on board with any governance changes, with votes opposing the governance changes outweighing those for the governance changes by at least 400 votes. Calls have been made for a Senate Select Inquiry into the process of governance changes to Norfolk Island.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

TimeBase LawOne - Bills and Explanatory Materials

Norfolk Online - Government Parliamentary Papers

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