Overview

The Norfolk Island Advisory Council Remuneration and Procedures Instrument 2015 was enacted to provide for the remuneration of members and certain procedures for meetings of the Norfolk Island Advisory Council, which was established under the Norfolk Island Act 1979. This legislative instrument aims to ensure that the Advisory Council is adequately compensated for their roles and functions, while also establishing clear procedures for the conduct of its meetings. The instrument was developed in accordance with sections 14D and 14J of the Norfolk Island Act 1979, which empower the responsible Commonwealth Minister to prescribe the remuneration and procedures for the Advisory Council through a legislative instrument. The policy objective of this instrument is to facilitate the effective functioning of the Advisory Council by providing necessary financial and procedural guidelines. This legislative instrument was developed and issued by the Assistant Minister for Infrastructure and Regional Development, the Hon Jamie Briggs MP, and it operates to set out the remuneration and allowances for the chair and members of the Advisory Council, as well as establishing the procedures to be followed during meetings. The instrument ensures that the Advisory Council can meet regularly and make decisions in an orderly manner, while also allowing for flexibility in the procedures for matters not expressly addressed in the instrument. Importantly, the instrument was found to be compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Norfolk Island (Advisory Council Remuneration and Procedures) Instrument 2015 applies to members of the Norfolk Island Advisory Council, who are appointed for a period of 12 months commencing 1 July 2015. This council advises the Administrator of Norfolk Island on matters affecting the territory's peace, order, and good governance. The Instrument prescribes the remuneration and allowances for council members and sets out the procedures for their meetings, including frequency, quorums, and decision-making processes, as mandated by sections 14D and 14J of the Norfolk Island Act 1979. The council is free to determine its own procedures for matters not explicitly addressed in the Instrument, as long as they do not conflict with the specified requirements. The jurisdictional reach of this Instrument is limited to Norfolk Island, a territory under Australian governance. No consultation was conducted in the preparation of this Instrument, though feedback from Advisory Council members may be considered as they begin their functions. The Instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Norfolk Island (Advisory Council Remuneration and Procedures) Instrument 2015 (the Instrument) establishes the remuneration for members of the Norfolk Island Advisory Council (Advisory Council) and outlines certain procedures for meetings of the Council, in accordance with sections 14D and 14J of the Norfolk Island Act 1979 (the Act). The Advisory Council is responsible for advising the Administrator of Norfolk Island on matters affecting the peace, order and good government of the territory. Under section 14D of the Act, the Instrument sets the remuneration and allowances for the chair and other members of the Advisory Council, ensuring that members receive either the remuneration for the ‘chair’ or the remuneration for an ‘other member’, but not both (Part 2 of the Instrument). Additionally, section 14J of the Act allows the Instrument to establish procedures for meetings, including requirements for meeting frequency, quorums and decision making (Part 3 of the Instrument). The Instrument imposes specific obligations on the Advisory Council members, including the requirement to adhere to the remuneration and allowances outlined in Part 2, and to follow the meeting procedures set out in Part 3. The Advisory Council is also responsible for determining its own procedures for matters not covered in the Instrument, provided they do not conflict with the requirements specified. This flexibility allows the Council to adapt its practices as needed, while ensuring consistency with the overarching legislative framework established by the Instrument. Members must also ensure that any additional procedures they establish do not contravene the provisions of the Instrument. There are no specific offences, penalties, or consequences outlined in the Instrument for non-compliance with the remuneration or procedural requirements. However, any actions taken by the Advisory Council that are inconsistent with the Instrument may be subject to review or challenge, potentially leading to legal consequences if found to be in breach of the Act. While the Instrument itself does not specify penalties, breaches of the Act or the Instrument could result in legal action being taken by the responsible Commonwealth Minister or other relevant authorities, with potential penalties including fines or other civil or criminal consequences as prescribed by the Act. The exact nature and extent of these consequences would depend on the specific circumstances of the breach and the applicable laws in force at the time.