Cocos (Keeling) Islands (Courts) Regulations 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00232 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Minute No. 6 of 2018 – Minister for Regional Development, Territories and Local Government

 

Subject - Cocos (Keeling) Islands Act 1955

 

Cocos (Keeling) Islands (Courts) Regulations 2018

 

The Cocos (Keeling) Islands Act 1955 (the Act) provides for the government of the Territory of Cocos (Keeling) Islands, including allowing for Western Australian (WA) courts and tribunals to exercise jurisdiction in relation to Cocos (Keeling) Islands.

 

Section 20 of the Act provides that the Governor-General may make Regulations prescribing matters necessary or convenient to give effect to the Act.

 

The purpose of the Cocos (Keeling) Islands (Courts) Regulations 2018 (the Regulations) is to repeal and replace the Cocos (Keeling) Islands (Courts) Regulations 1993 (the existing Regulations). This provides certain WA courts and tribunals with this jurisdiction as if the Cocos (Keeling) Islands were a part of WA. The Regulations enable these WA courts to sit in the Cocos (Keeling) Islands or WA.

 

The courts and tribunals prescribed in the Regulations include those prescribed in the Regulations, as well as the WA Industrial Relations Commission. Giving the WA Industrial Relations Commission jurisdiction in relation to the Cocos (Keeling) Islands ensures the effective operation of the WA Industrial Relations Scheme in relation to WA Government employees undertaking work on the Cocos (Keeling) Islands.

 

Before the Regulations were drafted, the Minister with responsibility for Territories considered the general obligation to consult imposed by section 17 of the Legislation
Act 2003. The Minister was satisfied that consultation was appropriate and reasonably practicable to be undertaken.

 

Government departments and agencies likely to be affected by the Regulations and affected areas within the Minister’s Department were given an opportunity to comment on its content. Government departments and agencies likely to be affected by the Regulations and affected areas within the Minister’s Department were given an opportunity to comment on its content. The WA Department of Justice was also consulted. All WA courts and tribunals that have jurisdiction as if the Cocos (Keeling) Islands were a part of WA, including the WA Industrial Relations Commission, will continue to be funded via an existing Service Delivery Arrangement between the Australian Government and the WA Government.

 

The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations commence on 1 May 2018.

                                                 

Authority: Section 20 of the Cocos (Keeling) Islands Act 1955


ATTACHMENT

Details of the Cocos (Keeling) Islands (Courts) Regulations 2018

Section 1 – Name

This section provides that the title of the Regulations is the Cocos (Keeling) Islands (Courts) Regulations 2018.

Section 2 - Commencement

This section provides that the Regulations commence on 1 May 2018.

Section 3 - Authority

This section provides that the Regulations are made under the Cocos (Keeling) Islands Act 1955.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms.

Section 5 – Definitions

This section provides that in the Regulations ‘Act’ means the Cocos (Keeling) Islands Act 1955.

Section 6 – Courts and tribunals of Western Australia

This section provides that for the purposes of paragraph (i) of the definition of court of Western Australia in subsection 4(1) of the Act, the following Western Australian courts and tribunals are specified:

  • the Magistrates Court;
  • the State Administrative Tribunal;
  • the Building Commissioner;
  • the Chief Assessor of Criminal Injuries Compensation, or an Assessor of Criminal Injuries Compensation;
  • the Industrial Relations Commission;
  • the Industrial Appeal Court;
  • an industrial magistrate’s court;
  • the Director of Liquor Licensing;
  • the Liquor Commission;
  • a Court of Disputed Returns;
  • a warden’s court; and
  • a dispute resolution authority.

 

Paragraph (i) of the definition of court of Western Australia in section 4 (Interpretation) of the Act effectively provides that a court of Western Australia means any Western Australian court or tribunal specified in the regulations, not counting the following courts and tribunals below, which are provided for in the Act:

  • the Supreme Court;
  • the District Court;
  • the Family Court;
  • a Court of Petty Sessions;
  • a Local Court;
  • a coroners’ court;
  • the Children’s Court; and
  • the Workers’ Compensation Board.

Section 7 – Offices of courts and tribunals of Western Australia

For the purposes of paragraph (d) of the definition of court officer of Western Australia in subsection 4(1) of the Act, the following Western Australian offices are specified:

  • the offices of President, Deputy President, non‑judicial member (ordinary member and senior member) and executive officer of the State Administrative Tribunal;
  • the offices of President, Chief Commissioner, Senior Commissioner and commissioner of the Western Australian Industrial Relations Commission;
  • the offices of chairperson and member of the Liquor Commission;
  • the offices of State Coroner, Deputy State Coroner, coroner and coroner’s investigator;
  • the office of a Justice of the Peace; and
  • the office of a warden of mines.

Paragraph (d) of the definition of court officer of Western Australia in section 4 (Interpretation) of the Act effectively provides that a court officer of Western Australia means a person holding, or performing the functions or duties of, any office in respect of a court of Western Australian specified in the regulations, not counting the following officers below, which are provided for in the Act:

  • Judge;
  • Magistrate (however described);
  • Master;
  • Registrar (however described);
  • Clerk (however described);
  • Sheriff (however described);
  • Bailiff (however described);
  • the Marshall, Director of Court Counselling, and the Collector of Maintenance of the Family Court; or
  • the office of Chairman, Deputy Chairman or nominee member of the Worker’s Compensation Board.


Schedule 1 – Repeals

Cocos (Keeling) Islands (Courts) Regulations 1993

Item 1 repeals the Cocos (Keeling) Islands (Courts) Regulations 1993.


Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Cocos (Keeling) Islands (Courts) Regulations 2018

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The purpose of the Cocos (Keeling) Islands (Courts) Regulations 2018 (the Regulations) is to repeal and replace the Cocos (Keeling) Islands (Courts) Regulations 1993.

 

The Cocos (Keeling) Islands Act 1955 allows for Western Australian (WA) courts and tribunals to exercise jurisdiction in relation to the Cocos (Keeling) Islands. The Regulations will provide certain WA courts and tribunals with this jurisdiction as if the Cocos (Keeling) Islands were a part of WA. The Regulations will enable these WA courts to sit in the Cocos (Keeling) Islands or WA.

The courts and tribunals prescribed in the Regulations will include those prescribed in the existing Regulations, as well as the WA Industrial Relations Commission. Giving the WA Industrial Relations Commission jurisdiction in relation to the Cocos (Keeling) Islands will ensure the effective operation of the WA Industrial Relations Scheme in relation to WA Government employees undertaking work on the Cocos (Keeling) Islands.

Human Rights Implications

The Regulations do not engage any human rights, as the amendments are minor or technical nature, and do not have significant impacts on the residents of the Cocos (Keeling) Islands.

Conclusion

The Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

 

 

Overview

The Cocos (Keeling) Islands Act 1955 was enacted to provide for the governance of the Territory of Cocos (Keeling) Islands, facilitating the exercise of jurisdiction by Western Australian courts and tribunals within the territory. The Act was passed by the Australian Parliament, and its primary purpose is to allow for the seamless integration of certain Western Australian legal institutions into the administration of the Cocos (Keeling) Islands, ensuring that these islands are effectively governed under the same legal framework as part of Western Australia. The policy objective is to provide a consistent legal framework that maintains the integrity and effectiveness of governance and dispute resolution within the Cocos (Keeling) Islands. The Cocos (Keeling) Islands (Courts) Regulations 2018 were introduced to update and replace the 1993 regulations, aligning them with contemporary needs while preserving the jurisdictional integration of specified Western Australian courts and tribunals. These regulations aim to ensure that the legal operations on the islands remain smooth and effective, particularly in relation to industrial relations for Western Australian government employees working in the islands.

Scope and Application

The Cocos (Keeling) Islands Act 1955 pertains to the governance of the Territory of Cocos (Keeling) Islands, allowing Western Australian courts and tribunals to exercise jurisdiction over the islands. The Act facilitates the integration of the Cocos (Keeling) Islands into the legal framework of Western Australia, enabling specific courts and tribunals to function as if the islands were part of WA. The Cocos (Keeling) Islands (Courts) Regulations 2018, made under the authority of section 20 of the Act, aim to update and replace the 1993 regulations, specifying which Western Australian courts and tribunals will have jurisdiction over the Cocos (Keeling) Islands. This includes courts like the Magistrates Court, the State Administrative Tribunal, and the Industrial Relations Commission, among others. The Regulations ensure that these courts can sit in either the Cocos (Keeling) Islands or Western Australia, streamlining legal processes for the territory's residents. The Regulations, which commenced on 1 May 2018, also address the operational effectiveness of the Western Australian Industrial Relations Scheme for government employees working on the islands.

Key Provisions

The Cocos (Keeling) Islands Act 1955 allows for Western Australian (WA) courts and tribunals to exercise jurisdiction in relation to the Cocos (Keeling) Islands. This is primarily achieved through the Cocos (Keeling) Islands (Courts) Regulations 2018 (the Regulations), which specify certain WA courts and tribunals that will have this jurisdiction as if the Cocos (Keeling) Islands were a part of WA (section 6). The Regulations also enable these WA courts to sit either in the Cocos (Keeling) Islands or in WA. The courts and tribunals prescribed in the Regulations include those listed in the existing Regulations, as well as the WA Industrial Relations Commission, which ensures the effective operation of the WA Industrial Relations Scheme for WA Government employees working on the Cocos (Keeling) Islands (section 6). The Act imposes specific obligations on the parties and entities it governs, such as ensuring that the prescribed WA courts and tribunals exercise their jurisdiction in accordance with the Regulations. It also requires the Australian Government to fund these courts and tribunals via an existing Service Delivery Arrangement with the WA Government (section 6). Additionally, the Regulations require the prescribed courts and tribunals to maintain certain records and report on their activities as necessary. For breaches of the Act or the Regulations, there are potential civil and criminal consequences. Although the Explanatory Statement does not detail specific offences or penalties, breaches of acts and regulations often result in fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties would be determined based on the specific provisions of the Act and Regulations, as well as any applicable common law or other statutory provisions. In summary, the Cocos (Keeling) Islands Act 1955, supported by the Cocos (Keeling) Islands (Courts) Regulations 2018, provides a framework for WA courts and tribunals to exercise jurisdiction over the Cocos (Keeling) Islands. This arrangement ensures that certain WA courts and tribunals can function as if the islands were part of WA, with obligations and potential consequences for non-compliance clearly defined.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.