Dismissal of Norfolk Island Regional Council and Appointment of Administrator Proclamation 2021

Overview

The Local Government Act 1993 (NSW) (NI) was enacted to provide a framework for the governance of local government in New South Wales, including Norfolk Island. The 2021 proclamation under this act was introduced to address the specific issue of the dismissal of the Norfolk Island Regional Council (NIRC) following a public inquiry. The proclamation declares all civic offices in relation to the NIRC vacant and appoints Mr Michael Colreavy as the administrator for a period of three years. This action was taken by the Assistant Minister for Regional Development and Territories and Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, Nola Marino, in accordance with the powers granted under sections 255(1) and 256(1)(a) of the Act. The policy objective is to ensure effective administration and governance on Norfolk Island during the period of transition and pending any further decisions regarding the council's future structure and operations.

Scope and Application

The Local Government Act 1993 (NSW) (NI) applies to the Norfolk Island Regional Council and its civic offices, with the 2021 Proclamation issued under sections 255(1) and 256(1)(a) declaring all such offices to be vacant following a public inquiry. This legislative action affects the NIRC directly and declares that all civic offices within the NIRC are to be considered vacant as of the proclamation's commencement. Furthermore, the Act appoints Mr Michael Colreavy as the Administrator of the NIRC for a period of three years from the proclamation's commencement. This proclamation, which extends the application of the Act through a subordinate instrument, has jurisdictional reach limited to Norfolk Island, and it does not specify any exclusions or exemptions within its text. The proclamation commences upon its publication in the Commonwealth Gazette, formalising the administrative restructuring of the NIRC.

Key Provisions

The main operative sections of this proclamation, which is based on the Local Government Act 1993 (NSW) (NI), include sections 255(1) and 256(1)(a). Section 255(1) authorises the declaration of all civic offices in relation to the Norfolk Island Regional Council (NIRC) as vacant. Section 256(1)(a) empowers the Assistant Minister for Regional Development and Territories to appoint an administrator for the NIRC for a specified term, in this instance, three years from the commencement of this proclamation. These provisions are in response to a public inquiry held concerning the NIRC. The Act imposes several obligations and requirements on the appointed Administrator, Mr. Michael Colreavy, as well as the Norfolk Island community. As the Administrator, Mr. Colreavy is responsible for managing the affairs of the NIRC during the vacancy period. This includes ensuring the continued provision of essential services, maintaining law and order, and overseeing any necessary reforms to the governance structure of the NIRC. Additionally, the Norfolk Island community must cooperate with the Administrator and comply with any directives or orders issued during this transitional period. Breach of any obligations imposed by the Act may result in legal consequences. While the proclamation itself does not explicitly state penalties for non-compliance, it is reasonable to infer that failure to adhere to the directives of the Administrator or other requirements of the Act could lead to civil or criminal liability. Under the Local Government Act 1993 (NSW) (NI), offences may include misconduct in public office, obstruction of the Administrator's duties, or failure to comply with orders. The specific penalties for such offences would depend on the nature and severity of the breach, but they could include fines or imprisonment as determined by a court of law.