Norfolk Island (Supreme Court Sittings) Regulations 1979

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Legislation au F1996B01841 Regulations Not in force Legislative Instrument

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Norfolk Island (Supreme Court Sittings) Regulations 1979

Statutory Rules 1979 No. 150 as amended

made under the

Norfolk Island Act 1979

This compilation was prepared on 10 October 2005
taking into account amendments up to SLI 2005 No. 226

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 2A Definition 

 3 Sittings of the Supreme Court outside Norfolk Island 

Notes   

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Norfolk Island (Supreme Court Sittings) Regulations 1979.

2 Commencement [see Note 1]

  These Regulations shall come into operation on the date fixed under subsection 2 (2) of the Norfolk Island Act 1979.

2A Definition

  In these Regulations:

self-governing Territory means the Australian Capital Territory or the Northern Territory.

3 Sittings of the Supreme Court outside Norfolk Island

 (1) The Supreme Court may sit in any State or self-governing Territory 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 Norfolk Island is not contrary to the interests of justice.

 (2) A sitting of the Supreme Court outside Norfolk Island may be held at a place in a State or self-governing Territory, and at a time, that a Judge thinks fit.

 (3) Where a Judge is satisfied that a matter pending in the Supreme Court otherwise than in the exercise of its criminal jurisdiction is a matter the hearing of which, or the continuation of the hearing of which, at a sitting of the Supreme Court at a place outside Norfolk Island is not contrary to the interests of justice:

 (a) the Supreme Court may, at any time when the matter is before the court for hearing at a sitting of the Court on Norfolk Island, order that the hearing of the matter be adjourned and be continued at a sitting of the court to be held at some place outside Norfolk Island specified in the order; or

 (b) a Judge may, at any time when the matter is not before the Supreme Court for hearing, order that the matter be heard or continued at a sitting of the court to be held at a place outside Norfolk Island specified in the order, and may also revoke any order previously made by the court or a Judge, whether under these Regulations or otherwise, with respect to the hearing or continuation of the hearing of the matter at a sitting of the court on Norfolk Island.

 (4) Where a matter is before the Supreme Court for hearing at a sitting of the court at a place outside Norfolk Island, the court may order that the hearing of the matter be adjourned and be continued at a sitting of the court to be held:

 (a) at that place or at another place outside Norfolk Island; or

 (b) on Norfolk Island.

 (5) Where the Supreme Court or a Judge has, under these Regulations or otherwise, ordered that a matter be heard or continued at a sitting of the court to be held at a place outside Norfolk Island, a Judge may, at any time when the matter is not before the court for hearing, revoke that order and order that the matter be heard or continued at a sitting of the court to be held at another place outside Norfolk Island or on Norfolk Island.

 (6) Where the Supreme Court or a Judge makes an order under these Regulations relating to the hearing of a matter, the court or the Judge may give directions concerning the service of a copy of the order upon the parties to the matter other than the party at whose instance the order was made.

 (7) Subregulations (2) to (6) (inclusive) have effect subject to subregulation (1).

Notes to the Norfolk Island (Supreme Court Sittings) Regulations 1979

Note 1

The Norfolk Island (Supreme Court Sittings) Regulations 1979 (in force under the Norfolk Island Act 1979) as shown in this compilation comprise Statutory Rules 1979 No. 150 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1979 No. 150

6 Aug 1979

7 Aug 2005 (see r. 2 and Gazette 1979, No. S159)

 

2005 No. 226

10 Oct 2005 (see F2005L03041)

11 Oct 2005

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2005 No. 226

R. 2A................

ad. 2005 No. 226

R. 3.................

am. 2005 No. 226

 

 

Overview

The Norfolk Island (Supreme Court Sittings) Regulations 1979, which were made under the Norfolk Island Act 1979, address the need for the Supreme Court of Norfolk Island to exercise its jurisdiction beyond its territorial confines. This legislative instrument allows for the Supreme Court to convene sittings outside Norfolk Island, specifically in states or self-governing territories of Australia, to hear and determine matters that do not involve criminal jurisdiction, provided it is in the interests of justice to do so. The policy objective is to facilitate access to justice for Norfolk Island residents and to ensure that matters can be heard in a manner that is practical and just, without necessitating travel to Norfolk Island for all parties involved. The Regulations were enacted by the Commonwealth of Australia under the authority granted by the Norfolk Island Act 1979, with the intent to provide flexibility and convenience in the administration of justice.

Scope and Application

The Norfolk Island (Supreme Court Sittings) Regulations 1979 apply to the Supreme Court of Norfolk Island and pertain to the circumstances under which the court may sit outside the island to hear and determine matters, other than in the exercise of its criminal jurisdiction. These Regulations provide a framework for the Supreme Court to sit in any state or self-governing territory if a judge determines that such a sitting is not contrary to the interests of justice. This encompasses the power to order adjournments or continuations of hearings at places outside Norfolk Island, and to revoke previous orders for hearings to be conducted on the island. The Regulations apply nationally, insofar as they allow the Supreme Court to sit in any state or self-governing territory of Australia. However, these provisions are subject to the overarching condition that the sitting must not be contrary to the interests of justice. The scope of the Regulations can be extended or modified through subordinate instruments, as they are made under the Norfolk Island Act 1979.

Key Provisions

The Norfolk Island (Supreme Court Sittings) Regulations 1979, as amended, establish the framework under which the Supreme Court of Norfolk Island may conduct its business outside the island. These regulations are a legislative instrument made under the Norfolk Island Act 1979 and outline the conditions under which the Supreme Court can sit outside Norfolk Island (regulation 3). The Supreme Court is empowered to sit in any Australian state or self-governing territory, such as the Australian Capital Territory or the Northern Territory, for matters not involving criminal jurisdiction, provided a judge deems it not contrary to the interests of justice (regulation 3(1)). The regulations also allow for the flexibility of scheduling these sittings at locations and times deemed appropriate by the judge (regulation 3(2)). The Norfolk Island (Supreme Court Sittings) Regulations 1979 impose several obligations on the Supreme Court and the parties involved in litigation. The judge must ensure that the hearing of a matter outside Norfolk Island does not jeopardise the interests of justice (regulation 3(1)). Additionally, the judge has the authority to order the adjournment of a hearing to a location outside Norfolk Island or to revoke previous orders concerning the hearing's location (regulations 3(3) and 3(5)). These provisions aim to maintain procedural fairness and ensure that the court can adapt its operations to meet the needs of the case, including the service of orders to parties involved (regulation 3(6)). The Norfolk Island (Supreme Court Sittings) Regulations 1979 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the overarching principle is that any actions taken by the Supreme Court or its judges must align with the broader legal and procedural standards set by Australian law. If a judge were to act in a manner contrary to the interests of justice, this could potentially lead to judicial review or other legal challenges, which might result in the quashing of orders or the need for rehearings. The precise legal consequences of such actions would depend on the specific circumstances and the applicable laws at the time.

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