EXPLANATORY STATEMENT
Ordinance No. 13, 2016
Issued by the authority of the Minister for Local Government and Territories
Norfolk Island Act 1979
Norfolk Island Continued Laws Amendment (Public Holidays) Ordinance 2016
Authority
Section 19A of the Norfolk Island Act 1979 provides the Governor-General may make Ordinances for the peace, order and good government of the Territory of Norfolk Island.
The Norfolk Island Continued Laws Amendment (Public Holidays) Ordinance 2016 is made under section 19A of the Norfolk Island Act 1979.
The Norfolk Island Continued Laws Amendment (Public Holidays) Ordinance 2016 (the Ordinance) amends the Norfolk Island Continued Laws Ordinance 2015 to amend a Norfolk Island enactment, the Employment Act 1988 (NI).
Purpose and operation
The purpose of this Ordinance is to amend section 9 of the Employment Act 1988 (NI) to ensure that Norfolk Island enjoys the Public Holidays intended while removing the necessity of amending the Employment Regulations each year to cater for when a particular date falls on a day that would not ordinarily be a workday, for example if Christmas Day falls on a Sunday, the amendment prescribes the days or dates on which each Public Holiday is to be observed. This provides certainty for the observance of public holidays on Norfolk Island. The alternative days for holidays observed in New South Wales are based on practice in New South Wales. For Norfolk Island’s special public holidays, they are based on past practices. To avoid any confusion in relation to 2016 public holidays the schedule does not apply to those occurring prior to the date of effect of this Ordinance.
Consultation
The effect of the Ordinance was the subject of a Media Release made by the Administrator of Norfolk Island on Friday 4 November inviting comments by 18 November. The content of the media release and the call for comments was published in the Norfolk Islander newspaper on that day.
Statement of compatibility with human rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The 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.
The instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Detailed description of the Ordinance
Section 1 – Name
This section provides that the title of the Ordinance is the Norfolk Island Continued Laws Amendment (Public Holidays) Ordinance 2016.
Section 2 – Commencement
This section provides the whole of the Ordinance commences on the day after the Ordinance is registered.
Section 3 – Authority
This section provides that the Ordinance is made under section 19A the Norfolk Island Act 1979.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1 – Amendments
Schedule 1 sets out the names of the public holidays and the days, or dates, on which each public holiday is to be observed in any year. It also requires the Minister to make a declaration for Show Day each year. The schedule is drafted so as not to apply to public holidays occurring prior to the date of effect of this Ordinance.
The schedule removes the power to remove, make additional or alternative, public holidays by regulations. If it is necessary to change public holidays this will be done by amending this item either by Ordinance made under section 19A of the Norfolk Island Act 1979 or, in urgent cases, by rules made under section 6 of the Norfolk Island Continued Laws Ordinance 2015.