Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022

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

Legislation au F2022L00077 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Assistant Minister for Regional Development and Territories and Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
 

Norfolk Island Applied Laws Ordinance 2016

Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022

 

Authority

The Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022 (the Rules) are made under subsection 7(1) of Norfolk Island Applied Laws Ordinance 2016 (the Ordinance). The Ordinance relates to the laws of New South Wales which have been applied on Norfolk Island.

Subsection 7(1) of the Ordinance provides that the Commonwealth Minister with responsibility for the Territory of Norfolk Island may, by legislative instrument, make rules amending the Ordinance to:

  • amend or repeal an applied law; and;
  • to make application, saving or transitional provisions in relation to rules affecting the operation of applied laws.

Purpose

The Australian and Queensland Governments signed the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island (IGA) on 26 October 2021 to transition responsibility for state level education service provision from NSW to Queensland from 1 January 2022.

Queensland will provide government school education services to the Norfolk Island Central School. This will include management and administration, teacher staffing, professional development and support, the delivery of the curriculum learning programs and the services underlying this delivery, as well as discharging its work health and safety duties.

The Rules amend the Ordinance and repeal the compulsory schooling provisions in the the Education Act 1990 (NSW)(NI) (the NSW Education Act) in their application to Norfolk Island, and remove the status of the Norfolk Island Central School as a ‘government school’, established under the NSW Education Act. These provisions have been superseded from 1 January 2022 through the arrangements put in place by the Education (General Provisions) Act 2006 (Qld)(NI) under the Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2021.

This set of Rules removes any possibility that a Norfolk Island parent might commit an offence under the NSW Education Act, by repealing its compulsory school attendance provisions. Making these changes ensures that there is no inconsistency between Norfolk Island and Queensland requirements.

Consultation

As the incoming service provider, the Queensland Government has been actively involved in the development of all relevant instruments. Queensland officials are also undertaking their own engagement with Norfolk Island stakeholders, including visits to the island. Additionally, New South Wales Government has been engaged in the transition process.

 

Other

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

The Rules commence the day following registration on the Federal Register of Legislation.


Statement of Compatibility with Human Rights

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

 

Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022

This Disallowable 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 Rules

 

These Rules repeal New South Wales compulsory school age laws on Norfolk Island to avoid inconsistencies with Queensland applied laws.

The Rules amend the Ordinance and repeal the compulsory schooling provisions in the the Education Act 1990 (NSW)(NI) (the NSW Education Act) in their application to Norfolk Island, and remove the status of the Norfolk Island Central School as a ‘government school’, established under the NSW Education Act. These provisions have been superseded from 1 January 2022 through the arrangements put in place by the Education (General Provisions) Act 2006 (Qld)(NI) under the Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2021.

Human rights compatibility assessment

 

The legislative instrument will not engage or impact any human rights and freedoms recognised or declared by any of the international instruments specified in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, it is assessed as being compatible with human rights, pursuant to section 9(2) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Assistant Minister for Regional Development and Territories and Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
The Hon Nola Marino MP

 

ATTACHMENT—NOTES ON CLAUSES

Section 1—Name

This clause provides that the title of the Rules is the Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022 (the Rules).

Section 2—Commencement

This clause provides for the Rules to commence the day after this instrument is registered.

Section 3—Authority

Clause 3 provides that the Rules are made under Section 7 of the Norfolk Island Applied Laws Ordinance 2016 (the Ordinance).

Section 4—Schedules

This clause provides that legislation that is specified in a Schedule is amended or repealed as set out in the Schedule concerned, and any other item in a Schedule to the Rules has effect according to its terms.

Schedule 1—Amendments

The amendments made by the Rules amend Schedule 1AA of the Ordinance. That Schedule makes amendments to the Education Act 1990 (NSW)(NI) (the NSW Education Act).

The Rules repeal the compulsory schooling provisions in the NSW Education Act in their application to Norfolk Island and remove the status of the Norfolk Island Central School as a ‘government school’ established under the NSW Education Act.

These provisions have been superseded through the arrangements put in place by the Education (General Provisions) Act 2006 (Qld)(NI) under the Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2021.

Item 1 – Repeal items 26 to 31 of Schedule 1AA: new item 26

This item repeals items that made various amendments to Part 5 of the NSW Education Act in its application to Norfolk Island. Part 5 deals with compulsory attendance of school age children. New item 26 instead repeals Part 5 in its entirety. As noted above, compulsory school attendance is now regulated under the Education (General Provisions) Act 2006 (Qld)(NI).

Item 2 – Item 8 of Schedule 1AA (section 3B)

This item repeals section 3B of the Act (inserted into the NSW Education Act by item 8 of Schedule 1AA to the Ordinance). Section 3B provides that the Norfolk Island Central School is taken to be a ‘government school’ established under the NSW Education Act.

The School has now been declared a ‘State School’ for the purposes of the Education (General Provisions) Act 2006 (Qld)(NI).

Item 3 – After item 52 of Schedule 1AA: new item 52A

This item repeals section 122 of the NSW Education Act in its application to Norfolk Island. This provides for an authorised person or police officer to seek information from a child aged between 6 and 17 ‘apparently not in attendance at school as required by this Act’ and to accompany the child to his or her home, or to a school, to verify the information provided. As the requirements for school attendance will no longer apply under the NSW Education Act, there will be no basis for reliance upon section 122.

 

 

 

 

 

Overview

The Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022 were enacted under the authority of the Norfolk Island Applied Laws Ordinance 2016, and they address the legislative gap created by the transition of state-level education service provision from New South Wales to Queensland, effective from 1 January 2022. This change aligns Norfolk Island's compulsory schooling provisions with those of Queensland, ensuring consistency in the education system. The rules were formulated in response to the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island, signed on 26 October 2021, between the Australian and Queensland Governments. These rules serve to repeal the compulsory schooling provisions of the Education Act 1990 (NSW)(NI) as applied to Norfolk Island and remove the status of the Norfolk Island Central School as a ‘government school’ under the NSW Education Act. The objective of these amendments is to prevent any inconsistency in the education laws between Norfolk Island and Queensland, thereby avoiding any potential legal complications for Norfolk Island parents. The rules were developed with active consultation involving the Queensland Government, which is the incoming service provider for education on Norfolk Island, as well as engagement with stakeholders on the island. The New South Wales Government was also involved in the transition process. The rules are deemed compatible with human rights as recognised by the relevant international instruments, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011. They will come into effect the day after their registration on the Federal Register of Legislation.

Scope and Application

The Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022, made under the Norfolk Island Applied Laws Ordinance 2016, pertain to the application of New South Wales laws on Norfolk Island, specifically concerning education. These Rules are enacted to align Norfolk Island's education laws with those of Queensland, following the intergovernmental partnership agreement that transferred responsibility for state-level education services from New South Wales to Queensland from 1 January 2022. As such, the Rules repeal the compulsory schooling provisions in the Education Act 1990 (NSW)(NI) and remove the status of the Norfolk Island Central School as a ‘government school’ under that Act. These changes ensure that there are no inconsistencies with Queensland's requirements for school attendance and related provisions, which are now governed by the Education (General Provisions) Act 2006 (Qld)(NI). The Rules apply to all persons and entities on Norfolk Island, particularly parents and the Norfolk Island Central School, and they come into effect the day following their registration on the Federal Register of Legislation. The transition is designed to provide a seamless continuation of education services on Norfolk Island under Queensland's jurisdiction.

Key Provisions

The Norfolk Island Applied Laws Amendment (Applied Laws and Service Delivery (Queensland)(School Attendance)) Rules 2022 (the Rules) primarily serve to repeal and amend certain sections of the Norfolk Island Applied Laws Ordinance 2016 (the Ordinance) to ensure consistency with Queensland's educational provisions. Specifically, the Rules repeal the compulsory schooling provisions in the Education Act 1990 (NSW)(NI) (the NSW Education Act) as applied to Norfolk Island, and remove the status of the Norfolk Island Central School as a 'government school' under the NSW Education Act (sections 1 and 2, Schedule 1). These changes align with the new arrangements under the Education (General Provisions) Act 2006 (Qld)(NI) and the Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2021, which took effect from 1 January 2022. Under the Rules, parties and entities governed by the Ordinance must comply with the new provisions that align with Queensland's education laws. This includes parents ensuring their children's attendance at school is managed according to Queensland's regulations, rather than the previously applicable New South Wales laws. The Norfolk Island Central School is now subject to Queensland's educational framework, meaning it must adhere to the curriculum, staffing, and other educational standards set forth by Queensland authorities. Any breach of the new provisions could lead to civil or criminal consequences. However, the specific penalties for non-compliance are not explicitly detailed in the Rules. Generally, breaches of educational attendance laws can result in fines and other penalties under Queensland's Education (General Provisions) Act 2006 (Qld)(NI). The maximum penalties for such offences would be in accordance with Queensland law, which may include fines up to certain limits prescribed by the legislation. The Rules also ensure compatibility with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, affirming that the legislative changes do not negatively impact any human rights recognised in international instruments. This compatibility assessment underscores the intention of the Rules to maintain educational standards while ensuring legal consistency with Queensland's regulations.

Legal classification tags

Area of Law
Education Law
Regional Development
Instrument
Rules
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
Regulatory Standards

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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.