{"id":"F2016L01128","name":"Fair Entitlements Guarantee (Norfolk Island) Rule 2016","slug":"fair-entitlements-guarantee-norfolk-island-rule-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438865,"registerId":"F2016L01128-fast-fetch-1775955115652","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Entitlements Guarantee (Norfolk Island) Rule 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nFair Entitlements Guarantee (Norfolk Island) Rule 2016\n\nI, Michaelia Cash, Minister for Employment, make the following rule.\n\nDated 29 June 2016\n\nMichaelia Cash\n\nMinister for Employment\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Prescribed modifications of Fair Entitlements Guarantee legislation for application in relation to Norfolk Island\n\nSchedule 1—Modifications of the Fair Entitlements Guarantee Act 2012 relating to Norfolk Island\n\nFair Entitlements Guarantee Act 2012\n\nSchedule 2—Modifications of the Fair Entitlements Guarantee Regulation 2012 relating to Norfolk Island\n\nFair Entitlements Guarantee Regulation 2012\n\n \n\n1  Name\n\n  This is the Fair Entitlements Guarantee (Norfolk Island) Rule 2016.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2016. 1 July 2016\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 9A of the Fair Entitlements Guarantee Act 2012.\n\n4  Prescribed modifications of Fair Entitlements Guarantee legislation for application in relation to Norfolk Island\n\n  For the application of the Fair Entitlements Guarantee Act 2012 and the Fair Entitlements Guarantee Regulation 2012 in relation to Norfolk Island, the modifications of that Act and regulation set out in the applicable items of the Schedules to this instrument are prescribed.\n\nSchedule 1—Modifications of the Fair Entitlements Guarantee Act 2012 relating to Norfolk Island\n\n \n\nFair Entitlements Guarantee Act 2012\n\n1  Section 5 (definition of bankruptcy trustee)\n\nAfter “Bankruptcy Act 1966”, insert “or the Bankruptcy Act 2006 (Norfolk Island)”.\n\n2  Section 5 (at the end of paragraph (a) of the definition of cost)\n\nAdd:\n\n (iii) if the winding up of the employer is under the Companies Act 1985 (Norfolk Island)—an expense or amount that would be covered by subparagraph (i) or (ii) if the winding up were instead under the Corporations Act 2001 and Norfolk Island were included for all purposes in the area covered by the definition of this jurisdiction in section 9 of that Act; or\n\n3  Section 5 (at the end of paragraph (b) of the definition of cost)\n\nAdd:\n\n ; or (iii) if the bankruptcy of the employer is under the Bankruptcy Act 2006 (Norfolk Island)—an expense or amount that would be covered by subparagraph (i) or (ii) if the bankruptcy were instead under the Bankruptcy Act 1966 and that Act extended to Norfolk Island.\n\n4  Section 5 (paragraph (a) of the definition of insolvency event)\n\nAfter “Corporations Act 2001”, insert “or the Companies Act 1985 (Norfolk Island)”.\n\n5  Section 5 (paragraph (b) of the definition of insolvency event)\n\nAfter “Bankruptcy Act 1966”, insert “or the Bankruptcy Act 2006 (Norfolk Island)”.\n\n6  Section 5 (at the end of the definition of liquidator)\n\nAdd “or the Companies Act 1985 (Norfolk Island)”.\n\n7  Paragraph 10(1)(b)\n\nRepeal the paragraph, substitute:\n\n (b) either:\n\n (i) after 4 December 2012, an insolvency event happened to the employer because of an event occurring under the Corporations Act 2001 or the Bankruptcy Act 1966; or\n\n (ii) after 30 June 2016, an insolvency event happened to the employer because of an event occurring under the Companies Act 1985 (Norfolk Island) or the Bankruptcy Act 2006 (Norfolk Island);\n\n8  After paragraph 10(1)(c)\n\nInsert:\n\n (ca) the end of the employment occurred:\n\n (i) at any time, if subparagraph (b)(i) applies; or\n\n (ii) after 30 June 2016, if subparagraph (b)(ii) applies;\n\n9  After subsection 11(1)\n\nInsert:\n\n (1A) A person is not eligible for an advance for the person’s employment by an employer if:\n\n (a) the winding up of the employer is under the Companies Act 1985 (Norfolk Island); and\n\n (b) under subsection (1), the person would not be eligible, assuming that:\n\n (i) the winding up were under the Corporations Act 2001; and\n\n (ii) Norfolk Island were included for all purposes in the area covered by the definition of this jurisdiction in section 9 of that Act; and\n\n (iii) events relating to the winding up occurred for the purposes of that Act when corresponding events occurred for the purposes of the Companies Act 1985 (Norfolk Island).\n\n10  After subsection 11(2)\n\nInsert:\n\n (2A) A person is not eligible for an advance for the person’s employment by an employer who is or was a bankrupt under the Bankruptcy Act 2006 (Norfolk Island) if:\n\n (a) the person is a relative (as defined in the Corporations Act 2001) of the employer; or\n\n (b) the person was a spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of the employer at any time within the 12 months ending when the employer was determined to be a bankrupt under the Bankruptcy Act 2006 (Norfolk Island).\n\n11  Subsection 11(3)\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n12  Subsection 11(3)\n\nAfter “subsection (2)”, insert “or (2A)”.\n\n13  Paragraph 19(1)(b)\n\nAfter “(3)”, insert “(as affected by subsection (4) or (5), if relevant)”.\n\n14  At the end of section 19\n\nAdd:\n\n (4) If the person’s employer is wound up under the Companies Act 1985 (Norfolk Island), subsection (3) has effect as if the reference in that subsection to amounts that are not payable under the Corporations Act 2001 in the winding up of the person’s employer were a reference to amounts that would not be payable under the Corporations Act 2001 if:\n\n (a) the winding up of person’s employer were under that Act instead of the Companies Act 1985 (Norfolk Island); and\n\n (b) Norfolk Island were included for all purposes in the area covered by the definition of this jurisdiction in section 9 of the Corporations Act 2001.\n\n (5) If the person’s employer is or was bankrupt under the Bankruptcy Act 2006 (Norfolk Island), subsection (3) has effect as if the reference in that subsection to amounts that are not payable under the Bankruptcy Act 1966 were a reference to amounts that would not be payable under the Bankruptcy Act 1966 if:\n\n (a) the employer’s bankruptcy were under the Bankruptcy Act 1966 instead of the Bankruptcy Act 2006 (Norfolk Island); and\n\n (b) the Bankruptcy Act 1966 extended to Norfolk Island.\n\n15  Section 29\n\nBefore “For the purposes”, insert “(1)”.\n\n16  At the end of section 29\n\nAdd:\n\n (2) If a payment of an advance for a person’s employment by an employer is made under section 28 of this Act to the employer’s liquidator appointed under the Companies Act 1985 (Norfolk Island):\n\n (a) subsection (1) of this section, except paragraph (c) of that subsection, applies as if references in that section to section 560 of the Corporations Act 2001 were references to section 548 of the Companies Act 1985 (Norfolk Island); and\n\n (b) paragraph (1)(c) of this section does not apply.\n\n17  Section 30\n\nAfter “the bankruptcy trustee”, insert “(under that Act)”.\n\n18  Paragraph 31(3)(b)\n\nAfter “section 560 of the Corporations Act 2001”, insert “, section 548 of the Companies Act 1985 (Norfolk Island)”.\n\n19  Section 45\n\nAfter “Bankruptcy Act 1966”, insert “, the Companies Act 1985 (Norfolk Island), the Bankruptcy Act 2006 (Norfolk Island)”.\n\nSchedule 2—Modifications of the Fair Entitlements Guarantee Regulation 2012 relating to Norfolk Island\n\n \n\nFair Entitlements Guarantee Regulation 2012\n\n1  Subsection 9(4)\n\nRepeal the subsection, substitute:\n\n (4) So far as they apply in relation to Norfolk Island, the scheme and the other matters consist of Parts 1 to 7 of the Act, modified as prescribed by Schedule 1 to the Fair Entitlements Guarantee (Norfolk Island) Rule 2016 and in accordance with Schedule 1 to this instrument.\n\nNote: Schedule 2 to that rule also prescribes modifications of Schedule 1 to this instrument.\n\n (5) For the purposes of subsection (4), disregard the modifications prescribed by Schedule 1 to the Fair Entitlements Guarantee (Norfolk Island) Rule 2016 of sections 10, 11, 19, 29, 30, 31 and 45 of the Act.\n\nNote: Those modifications are superseded by modifications made by Schedule 1 to this instrument, as modified by Schedule 2 to that rule.\n\n2  Item 6 of Schedule 1 (paragraph 10(1)(b))\n\nRepeal the paragraph, substitute:\n\n (b) either:\n\n (i) after 4 December 2012, an insolvency event happened to the specified person because of an event occurring under the Corporations Act 2001 or the Bankruptcy Act 1966; or\n\n (ii) after 30 June 2016, an insolvency event happened to the specified person because of an event occurring under the Companies Act 1985 (Norfolk Island) or the Bankruptcy Act 2006 (Norfolk Island);\n\n3  Item 6 of Schedule 1 (after paragraph 10(1)(b))\n\nInsert:\n\n (ba) the cessation of work occurred:\n\n (i) at any time, if subparagraph (b)(i) applies; or\n\n (ii) after 30 June 2016, if subparagraph (b)(ii) applies;\n\n4  Item 7 of Schedule 1 (after subsection 11(1))\n\nInsert:\n\n (1A) A TCF contract outworker is not eligible for an advance for work done by the TCF contract outworker for a specified person that is a company that has been wound up if:\n\n (a) the winding up of the company was under the Companies Act 1985 (Norfolk Island); and\n\n (b) under subsection (1), the outworker would not be eligible, assuming that:\n\n (i) the winding up were under the Corporations Act 2001; and\n\n (ii) Norfolk Island were included for all purposes in the area covered by the definition of this jurisdiction in section 9 of that Act; and\n\n (iii) events relating to the winding up occurred for the purposes of that Act when corresponding events occurred for the purposes of the Companies Act 1985 (Norfolk Island).\n\n5  Item 7 of Schedule 1 (after subsection 11(2))\n\nInsert:\n\n (2A) A TCF contract outworker is not eligible for an advance for work done by the TCF contract outworker for a specified person who is or was a bankrupt under the Bankruptcy Act 2006 (Norfolk Island) if the TCF contract outworker is:\n\n (a) a person who has been:\n\n (i) at any time during the period of 12 months ending on the relevant date; or\n\n (ii) at any time since the relevant date;\n\n  or who is, the spouse of the specified person; or\n\n (b) a person who is a relative (other than a spouse) of a person of the kind referred to in paragraph (a).\n\n6  Item 7 of Schedule 1 (subsection 11(3))\n\nAfter “subsection (1)”, insert “or (1A)”.\n\n7  Item 7 of Schedule 1 (subsection 11(3))\n\nAfter “subsection (2)”, insert “or (2A)”.\n\n8  Item 14 of Schedule 1 (paragraph 19(1)(b))\n\nAfter “(3)”, insert “(as affected by subsection (4) or (5), if relevant)”.\n\n9  Item 14 of Schedule 1 (at the end of section 19)\n\nAdd:\n\n (4) If the specified person is wound up under the Companies Act 1985 (Norfolk Island), subsection (3) has effect as if the reference in that subsection to amounts that are not payable under the Corporations Act 2001 in the winding up of the specified person were a reference to amounts that would not be payable under the Corporations Act 2001 if:\n\n (a) the winding up of the specified person were under that Act instead of the Companies Act 1985 (Norfolk Island); and\n\n (b) Norfolk Island were included for all purposes in the area covered by the definition of this jurisdiction in section 9 of the Corporations Act 2001.\n\n (5) If the specified person’s employer is or was bankrupt under the Bankruptcy Act 2006 (Norfolk Island), subsection (3) has effect as if the reference in that subsection to amounts that are not payable under the Bankruptcy Act 1966 were a reference to amounts that would not be payable under the Bankruptcy Act 1966 if:\n\n (a) the specified person’s bankruptcy were under the Bankruptcy Act 1966 instead of the Bankruptcy Act 2006 (Norfolk Island); and\n\n (b) the Bankruptcy Act 1966 extended to Norfolk Island.\n\n10  Item 41 of Schedule 1 (section 45)\n\nAfter “Bankruptcy Act 1966”, insert “, the Companies Act 1985 (Norfolk Island), the Bankruptcy Act 2006 (Norfolk Island)”.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope — extending the Fair Entitlements Guarantee scheme to Norfolk Island. It does not expand beyond this purpose; rather, it performs the technical legal work necessary to integrate Norfolk Island's distinct insolvency laws into the existing FEG framework. The modifications are precisely calibrated to achieve parity between mainland and Norfolk Island workers without creating new entitlements or extending to new classes of workers beyond those already covered by the FEG scheme."},"complexity_factors":["Extensive cross-referencing between four different Acts: Fair Entitlements Guarantee Act 2012, Corporations Act 2001, Companies Act 1985 (Norfolk Island), and Bankruptcy Act 2006 (Norfolk Island)","19 modification items in Schedule 1 and 10 modification items in Schedule 2, creating a layered amendment structure","Complex conditional logic requiring 'as if' hypothetical constructions (e.g., treating Norfolk Island insolvencies as if they occurred under mainland law)","Dual commencement dates creating temporal bifurcation (4 December 2012 for mainland law events, 30 June 2016 for Norfolk Island events)","Nested definitions requiring readers to understand Norfolk Island's distinct legal framework (which differs from mainland bankruptcy and corporations law)","Specific exclusions for related parties (directors, spouses, relatives) that must be applied across two different jurisdictional frameworks","Modification of modifications: Schedule 2 modifies the Regulation, which itself modifies the Act, with Schedule 2 to the Rule also modifying Schedule 1 of the Regulation"],"plain_english_summary":"This measure extends Australia’s Fair Entitlements Guarantee (FEG) to workers of Norfolk Island employers, so employees, TCF outworkers, and insolvency practitioners can access the FEG safety net when island employers become insolvent.  \n\nIt aligns Norfolk Island claims with mainland eligibility and payment treatment (including restrictions on directors and relatives) and fills a protection gap so island workers receive the same insolvency relief as mainland employees."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expands the FEG scheme’s territorial and statutory reach to capture Norfolk Island insolvency processes by treating the Companies Act 1985 (Norfolk Island) and the Bankruptcy Act 2006 (Norfolk Island) as equivalent to Commonwealth insolvency statutes for specified purposes (see Schedule 1 items 1–6 and Schedule 2 items 2–3). It introduces date thresholds (4 Dec 2012 and 30 Jun 2016) that determine which insolvency law applies and adds eligibility exceptions for relatives/spouses and certain local windings‑up (inserted subsections 11(1A) and 11(2A)). Implementation requires administrators to apply ‘as if’ conversion rules to compare local and Commonwealth outcomes (Schedule 1 items 14 and 16), creating interpretive and administrative tasks for claimants, trustees/liquidators and the Commonwealth paying authority."},"complexity_factors":["Cross‑jurisdictional mapping: multiple provisions substitute or add Norfolk Island statutes as equivalents to Commonwealth Acts (Schedules 1 & 2, items throughout, e.g. Schedule 1 items 1–6).","Temporal cut‑offs: different legal treatments apply depending on whether events occurred after 4 Dec 2012 or after 30 Jun 2016 (Schedule 1 item 7; Schedule 2 item 2).","Eligibility exceptions: new ineligibilities tied to local winding‑up or bankruptcy and family relationships (inserted subsections 11(1A) and 11(2A) in Schedule 1).","‘As if’ conversion rules: several clauses require assessing amounts or events ‘as if’ local proceedings were under Commonwealth Acts, producing interpretive complexity (Schedule 1 items 2, 3, 14, and Schedule 2 items 9).","Coordination across instruments: modifications are made to both the Act and the Regulation and reference an earlier Norfolk Island Rule (s9(4) replacement, Schedule 2 item 1), increasing drafting interdependence.","Administrative impact: liquidator/trustee references and payment routing are adjusted for Norfolk Island offices (sections 29, 30, 31 modifications), affecting payment and recovery procedures.","Dependence on external definitions: the rule relies on how jurisdictional coverage is read into section 9 of the Corporations Act, which influences eligibility and interpretation (see Schedule 1 items 2, 4, 14).","Compliance burden for claimants and administrators: claim timing and the need to map local insolvency events to Commonwealth equivalents create documentary and legal‑interpretation costs (see inserted subsections 11(1A), 11(2A))."],"plain_english_summary":"This Rule modifies the Fair Entitlements Guarantee Act and Regulation so the Commonwealth FEG framework applies to Norfolk Island insolvency law. It treats the Companies Act 1985 (Norfolk Island) and the Bankruptcy Act 2006 (Norfolk Island) as equivalent, for specified purposes, to the Corporations Act 2001 and Bankruptcy Act 1966. That changes who can claim FEG advances and how liquidators/trustees interact with the scheme, affecting employees and certain contract outworkers of Norfolk Island employers subject to insolvency (with timing cut-offs and specified exclusions)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016","history":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016/history","analysis":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016/analysis","conflicts":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016/conflicts","importantCases":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016/important-cases","documents":"/api/acts/fair-entitlements-guarantee-norfolk-island-rule-2016/documents"}}