EXPLANATORY STATEMENT
Norfolk Island Regulations 2017
Issued by the authority of the Minister for Local Government and Territories
Norfolk Island Act 1979
Authority
The Norfolk Island Act 1979 (the Act) provides for the Government of the Territory of Norfolk Island.
Section 67(a) of the Act provides that the Governor-General may make regulations making provision for and in relation to sittings of the Supreme Court of Norfolk Island in a State or in a Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice.
The Norfolk Island Regulations 2017 (the Regulations) replace the Norfolk Island (Supreme Court Sittings) Regulations 1979 (the Old Regulations), which are due to sunset on 1 October 2017. Sunsetting provisions are a mechanism for the Australian Government to review legislative instruments and implement policies to reduce red tape, deliver clearer laws, and align existing legislation with current government policy. The Legislation Act 2003 provides for an instrument to sunset 10 years after its registration with special rules applying to older instruments registered in bulk on 1 January 2005. The sunset date for legislation made in 1979 is 1 October 2017.
Purpose and operation
The Regulations provide for the Supreme Court of Norfolk Island to sit outside of Norfolk Island to consider non-criminal matters if the Judge is satisfied that this is not contrary to interests of justice. The Regulations allow Supreme Court Judges who are located in other Australian states or territories to hear non-criminal matters and deliver determinations in their primary or another location, saving travel time and expenses.
Consultation
The Chief Justice of the Supreme Court of Norfolk Island and the Norfolk Island Regional Council were consulted and agreed that the Regulations should be made.
Details of the Regulations are set out in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations commence the day after they are registered.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island Regulations 2017
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 Legislative Instrument
This Disallowable Legislative Instrument replaces the Norfolk Island (Supreme Court Sittings) Regulations 1979, which are due to sunset on 1 October 2017. They provide for the Supreme Court of Norfolk Island to sit outside of Norfolk Island to consider non-criminal matters if the Judge is satisfied that this is not contrary to interests of justice. The Regulations support more efficient court processes and align with the Australian Government’s objective that people living on Norfolk Island have access to services similar to those available to people living in remote communities on mainland Australia.
Human rights implications
This Disallowable Legislative Instrument engages the following right:
- fair trial and hearing rights, as set out in Article 14 of the International Covenant on Civil and Political Rights.
The Regulations provide for the continuation of existing arrangements for the Supreme Court to sit outside of Norfolk Island. The instrument may be considered to promote human rights by ensuring that access to efficient and timely court processes is maintained.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights because it promotes the protection of human rights.
Minister for Local Government and Territories,
Senator the Hon Fiona Nash
ATTACHMENT
Norfolk Island Regulations 2017
Part 1 – Preliminary
Section 1 – Name
This section provides that the name of the Regulations is the Norfolk Island Regulations 2017.
Section 2 – Commencement
This section provides that the Regulations commence on the day after the instrument is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Regulations are made under the Norfolk Island Act 1979.
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 terms in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms. This will have the consequence that the Norfolk Island (Supreme Court Sittings) Regulations 1979 (the Old Regulations) will be repealed on commencement of the Regulations.
Section 5 – Definitions
This section provides for definitions that apply to the Regulations. It also notes that a number of expressions used in the Regulations are defined in the Norfolk Island Act 1979.
Part 2 – Supreme Court sittings
Section 6 – Application of this Part
This section provides that this part of the Regulations applies to sittings of the Supreme Court, other than in the exercise of its criminal jurisdiction, and has effect for the purposes of paragraph 67(a) of the Norfolk Island Act 1979.
Section 7 – Supreme Court may sit in a State, the Australian Capital Territory or the Northern Territory
This section provides that if a Judge is satisfied that the hearing of the matter outside Norfolk Island is not contrary to the interests of justice, the Supreme Court may sit at a place in a State, the Australian Capital Territory or the Northern Territory, and at a time, that the Judge thinks fit.
Section 8 – Order made by sitting Supreme Court for future sitting
This section provides that if the Supreme Court is sitting, the court may order that a hearing be adjourned and continued at a specified place in a State, the Australian Capital Territory or the Northern Territory.
Section 9 – Order made by Judge while Supreme Court is not sitting
This section provides that if the Supreme Court is not sitting, a Judge may order that a matter be heard or continued at a place in a State, the Australian Capital Territory or the Northern Territory. The section also provides that, if the Supreme Court or a Judge had previously ordered that a matter be heard or continued at a place in a State, the Australian Capital Territory or the Northern Territory, that the Judge may order that the matter be heard or continued at a sitting in Norfolk Island instead. The section also provides that a Judge may revoke any previous order made about the location of a sitting of the Supreme Court.
Section 10 – Directions for service of order made under this Part
This section provides that if the Court or a Judge makes an order under this Part at the instance of a party to the matter, the Court or Judge may give directions about the service of a copy of the order on the other parties.
Part 3 – Transitional provisions
Section 11 – Orders and directions under the Norfolk Island (Supreme Court Sittings) Regulations 1979
This section is a transitional provision which provides that an order which was made or given under a provision of the Old Regulations, and which was in force immediately before its repeal, continues in force as if it were an order or direction under the section of the Regulations and as described in the table to this section.
Schedule 1 – Repeals
Item 1 – The whole of the Regulations
This item repeals the Old Regulations.