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This is the Norfolk Island Applied Laws Ordinance 2016.
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Direct links to the current provisions in Norfolk Island Applied Laws Ordinance 2016.
This is the Norfolk Island Applied Laws Ordinance 2016.
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
The laws of New South Wales, as in force in New South Wales from time to time, form part of the law of the Territory. In this Ordinance, the term “applied laws” is used to refer to New South Wales laws in their character as laws of the Territory.
Applied laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of an applied law for a period.
This Ordinance amends, repeals and suspends applied laws as set out in the items in the Schedules to this Ordinance.
The items are to be read together with the New South Wales laws in order to understand the operation of the applied laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.
In this Ordinance:
applied industrial relations law means any of the following applied laws:
(a) the Anti‑Discrimination Act 1977 (NSW);
(b) the First State Superannuation Act 1992 (NSW);
(c) the Government Information (Public Access) Act 2009 (NSW);
(d) the Government Sector Employment Act 2013 (NSW);
(e) the Industrial Relations Act 1996 (NSW);
(f) the Public Finance and Audit Act 1983 (NSW);
(g) the Superannuation Administration Act 1996 (NSW);
(h) the Teaching Service Act 1980 (NSW);
(i) the Workers Compensation Act 1987 (NSW);
(j) the Work Health and Safety Act 2011 (NSW);
(k) the Workplace Injury Management and Workers Compensation Act 1998 (NSW);
(l) legislation made under a law referred to in any of the preceding paragraphs.
applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979.
(1) The Interpretation Act 1979 (Norfolk Island) does not apply to this Ordinance or rules made under this Ordinance.
Note: The Acts Interpretation Act 1901 applies instead because this Ordinance and rules made under it are legislative instruments (see subsection 13(1) of the Legislation Act 2003).
(2) Subject to section 6A, the Interpretation Act 1987 (NSW), as it applies in the Territory from time to time, applies in relation to an applied law as amended by this Ordinance.
Note: The Interpretation Act 1987 (NSW) is a law of New South Wales in force in the Territory under section 18A of the Norfolk Island Act 1979.
(1) Subject to this section, the Interpretation Act 1987 (NSW) applies, without the amendments made by this Ordinance, in relation to an applied industrial relations law. (2) A reference in an applied industrial relations law to New South Wales in a geographical sense, however expressed, is taken to include a reference to the Territory. (3) The following provisions of the Interpretation Act 1987 (NSW), as amended by this Ordinance, apply in relation to an applied industrial relations law: (a) section 38D (special rules relating to the Parliament); (b) section 53B (establishment or appointment of statutory bodies); (c) section 75A (publication in Territory or Commonwealth Gazette). (4) An applied industrial relations law applies, in the Territory, only in relation to the following: (a) an officer or employee of New South Wales; (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979); (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979); and only to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979. (5) An applied industrial relations law that provides for the appointment of a person to an office or position, or the removal or suspension of a person from an office or position, is not taken to require the appointment, removal or suspension of a person in the Territory separately from the appointment, removal or suspension of the person in New South Wales.
(1) The Minister may, by legislative instrument, make rules amending this Ordinance: (a) so as to amend or repeal an applied law; or (b) to make application, saving or transitional provision in relation to any amendments or repeals of applied laws. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax. (3) The Minister may, in writing, delegate the Minister’s power under subsection (1) to: (a) the Secretary of the Department; or (b) a Deputy Secretary of the Department. (4) However, an instrument of delegation made under subsection (3) is of no effect on or after 1 January 2023. (5) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
(1) Each applied law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms. (2) The amendments, repeals and other items set out in the Schedules to this Ordinance continue in effect according to their terms from time to time. (3) If: (a) an item in a Schedule to this Ordinance amends, repeals, suspends or otherwise affects an applied law; and (b) the item is amended or repealed; then, to the extent to which the law remains a law in force in New South Wales, the applied law continues in force in the Territory in accordance with section 18A of the Norfolk Island Act 1979 and this Ordinance as amended.
Schedule 1—Suspension
1 Suspension
(1) The operation of the legislation of New South Wales, other than an Act specified in the following table or legislation made under such an Act, is suspended in the Territory for the period:
(a) beginning on the day this item commences; and
(b) subject to subitem (3), ending at the end of 31 December 2026.
| Legislation of New South Wales that has not been suspended |
|---|
| Name of Act |
| Health Services Act 1997 |
| Interpretation Act 1987 |
| Local Government Act 1993 |
| Long Service Leave Act 1955 |
Note: Because the legislation specified in this table was never suspended in the Territory, it started to apply in the Territory on 1 July 2016 (the day section 18A of the Norfolk Island Act 1979 commenced).
(2) Subitem (1) applies to legislation of New South Wales whether the legislation is in operation on the day this item commences or whether it comes into operation after that day.
(3) The period for which the operation of an Act specified in column 1 of the following table, and any legislation made under that Act, is suspended in the Territory ends at the start of the day specified in column 2 of the table.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Legislation of New South Wales that is not suspended</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Name of Act</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>End of period of suspension</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:39.16%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Anti</span><span style="font-style:italic">‑</span><span style="font-style:italic">Discrimination Act 1977</span></p></td><td style="width:39.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Crimes (Domestic and Personal Violence) Act 2007</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>September 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Education Act 1990</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Education Standards Authority Act 2013</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Electoral Funding Act 2018</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2020</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span><span> </span><span>May 2020</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">First State Superannuation Act 1992</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Government Information (Public Access) Act 2009</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Government Sector Employment Act 2013</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Industrial Relations Act 1996</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Law Enforcement (Powers and Responsibilities) Act 2002</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>September 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Lobbying of Government Officials Act 2011</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2020</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span><span> </span><span>May 2020</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Public Finance and Audit Act 1983</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Public Health Act 2010</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span><span> </span><span>January 2017.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>20</span><span> </span><span>January 2017</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Superannuation Administration Act 1996</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Teaching Service Act 1980</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Workers Compensation Act 1987</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Work Health and Safety Act 2011</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Workplace Injury Management and Workers Compensation Act 1998</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr></tbody></table>
(4) Any information in column 3 of the table in subitem (3) is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
(5) In this item:
industrial relations laws application day means the day Schedule 1 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 commenced.
2 References to suspended law in law that is not suspended
(1) The suspension of the operation of a law of New South Wales in the Territory by this Schedule does not affect any reference to that law in a provision of a law of New South Wales the operation of which is not suspended in the Territory.
(2) Subsection 21D(3) of the Interpretation Act 1987 of New South Wales (as it applies in the Territory from time to time) does not apply to a reference to the short title of a New South Wales Act the operation of which is suspended in the Territory.
(3) Subsection 21D(3) of the Interpretation Act 1987 of New South Wales (as it applies in the Territory from time to time) does not apply to a reference to the short title of an applied industrial relations law.
Schedule 1A—Amendment of the Anti‑Discrimination Act 1977 (NSW)
Anti‑Discrimination Act 1977 (NSW)
1 After paragraph 54(1)(b)
Insert:
(ba) any other law in force in the Territory of Norfolk Island;
2 Paragraph 119(1)(d)
Repeal the paragraph.
3 Sections 121, 122, 122U and 122V
Repeal the sections.
4 Subsection 122X(1)
Omit “122V or”.
Schedule 1AAA—Amendment of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Crimes (Domestic and Personal Violence) Regulation 2019 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
1 Subsection 3(1)
Insert:
Australian legal practitioner means:
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor.
2 Subsection 3(1) (definition of authorised officer)
Repeal the definition, substitute:
authorised officer means a Magistrate.
3 Subsection 3(1) (definition of Children’s Magistrate)
Repeal the definition.
4 Subsection 3(1)
Insert:
Commissioner of Police means the police officer in charge in Norfolk Island.
5 Subsection 3(1) (definition of court)
Repeal the definition, substitute:
court means the Court of Petty Sessions exercising jurisdiction under section 91.
Note 1: To exercise jurisdiction, the court must be constituted by the Chief Magistrate or 3 Magistrates: see section 8 of the Court of Petty Sessions Act 1960 of Norfolk Island.
Note 2: In some sections, court is given a different meaning.
6 Subsection 3(1)
Insert:
Court of Petty Sessions means the Court of Petty Sessions of Norfolk Island.
Magistrate means a Magistrate of the Court of Petty Sessions.
Norfolk Island means the Territory of Norfolk Island.
7 Subsection 3(1) (definition of Registrar)
Repeal the definition, substitute:
Registrar means a Magistrate.
Note: In some sections, Registrar is given a different meaning.
8 Subsection 3(1)
Insert:
Secretary of the Department of Family and Community Services means the child welfare officer appointed under section 24 of the Child Welfare Act 2009 of Norfolk Island.
Supreme Court means the Supreme Court of Norfolk Island.
9 Subsection 3(4)
Omit “section 10 of the Crimes (Sentencing Procedure) Act 1999”, substitute “section 10 or 11 of the Sentencing Act 2007 of Norfolk Island”.
10 Paragraph 4(a)
Repeal the paragraph, substitute:
(a) an offence against any of the following provisions of the Criminal Code 2007 of Norfolk Island:
(i) Part 3.1 (unlawful killing) or 3.3 (endangering life and health), other than section 88 (culpable driving);
(ii) Part 3.4 (offences concerning children), other than section 103 (concealment of birth);
(iii) Part 3.6 (sexual offences);
(iv) section 122 (using child for production of child pornography) or 125 (using the internet, etc. to deprave young people);
(v) Part 3.9 (female genital mutilation);
(vi) section 138 (sexual servitude);
(vii) Division 3.11.2 (criminal damage to property) or 3.11.4 (causing public alarm);
(viii) section 186, 187, 188 or 189 (robbery and burglary offences);
(ix) Part 4.5 (blackmail) or 5.1 (property damage), other than section 261 (causing bushfires);
(x) section 271 (unauthorised access, modification or impairment of computer data with intent to commit serious offence), to the extent that the serious offence referred to in that section is an offence against any of the other provisions covered by this paragraph or against section 13 of this Act;
(xi) section 358 or 359 (possession of offensive weapons and disabling substances) or 360 (possession of knife in public place or school); or
11 Paragraph 4(b1)
Repeal the paragraph.
12 Paragraph 4(c)
Omit “, (b) or (b1)”, substitute “or (b)”.
13 Subsection 9(3)
Omit “Parliament recognises”, substitute “the following are recognised”.
14 Paragraphs 9(3)(a) to (f1)
Omit “and” (last occurring).
15 Sections 21 and 24A
Repeal the sections.
16 Subsection 28(2)
Repeal the subsection.
17 Subsection 28A(3)
Omit “Police Area Commander or Police District Commander at which the defendant may serve an application”, substitute “court to which the defendant may apply”.
18 Paragraph 29(3)(a)
Omit “on a domestic violence list at”, substitute “for hearing by”.
19 Subsection 33A(4)
Omit “Police Area Commander or Police District Commander”, substitute “Commissioner of Police”.
20 Subsection 39(3) (definition of court)
Repeal the definition, substitute:
court includes the Supreme Court.
21 Subsection 40(4)
Omit “District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children’s Court”, substitute “Supreme Court in respect of a serious offence is admissible in the Court of Petty Sessions”.
22 Subsection 40(4A)
Omit “the District Court and”.
23 Paragraph 40(5)(b)
Omit “, manslaughter or an offence under section 25A of the Crimes Act 1900”, substitute “or manslaughter”.
24 Paragraph 40(5)(c)
Repeal the paragraph, substitute:
(c) an offence against section 77, 78, 79, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 or 119 of the Criminal Code 2007 of Norfolk Island; or
25 Paragraph 40(5)(f)
Omit “another State or a Territory”, substitute “a State or another Territory”.
26 Subsections 40A(1) and (2)
Omit “Children’s Court”, substitute “court”.
27 Subsection 40A(2)
Omit “the Court”, substitute “the court”.
28 Subsection 40A(3)
Omit “Children’s Court”, substitute “court”.
29 Subsection 40A(3)
Omit “the Court”, substitute “the court”.
30 Subsection 40A(4)
Omit “Children’s Court”, substitute “court”.
31 Subsection 40A(5)
Omit “Children’s Court”, substitute “court”.
32 Subsection 40A(8)
Repeal the subsection, substitute:
(8) Chapter 7 of the Child Welfare Act 2009 of Norfolk Island (about appeals) applies in relation to an apprehended violence order made under this section as if the order had been made under Chapter 5 of that Act.
33 Subsection 40A(9) (definition of care proceedings)
Repeal the definition, substitute:
care proceedings means proceedings relating to an application for a care and protection order as defined in section 59 of the Child Welfare Act 2009 of Norfolk Island.
34 Subsection 40A(9) (definition of relative)
Repeal the definition, substitute:
relative of a child means a person who would be the relative of the child under the Children and Young Persons (Care and Protection) Act 1998 if paragraph (d) of the definition of relative in subsection 3(1) of that Act referred to the Adoption of Children Act 1932 of Norfolk Island (instead of the Adoption Act 2000).
35 Subsection 41(5)
Omit “Divisions 3 and 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986”, substitute “Chapter 6 of the Criminal Procedure Act 2007 of Norfolk Island”.
36 Subsection 41(6)
Omit “Division 3 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986”, substitute “Chapter 6 of the Criminal Procedure Act 2007 of Norfolk Island”.
37 Subsection 41(6)
Omit “criminal proceedings”, substitute “proceedings mentioned in that Chapter”.
38 Subsection 45(7)
Omit “District Court” (wherever occurring), substitute “Supreme Court”.
39 Subsection 45(8) (definition of court)
Repeal the definition, substitute:
court includes the Supreme Court.
40 Section 47
Repeal the following definitions:
(a) definition of authorised officer;
(b) definition of court;
(c) definition of Magistrate.
41 Section 47 (definition of rules)
Repeal the definition, substitute:
rules means rules of court relating to the Court of Petty Sessions made under the Court of Petty Sessions Act 1960 of Norfolk Island or the Court Procedures Act 2007 of Norfolk Island.
42 Paragraph 48(2)(a1)
Omit “, in the case of a person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force”.
43 Subsection 48(7)
Omit “, 78(1) and 84(6)”, substitute “and 78(1)”.
44 Subsection 53(8)
Repeal the subsection.
45 Section 55
After “the rules” (wherever occurring), insert “(if any)”.
46 Sections 70 and 71
Repeal the sections, substitute:
Division 5 of Chapter 3 of the Criminal Procedure Act 2007 of Norfolk Island applies, with any necessary modifications, in relation to a warrant of arrest, or warrant of commitment, issued under this Act.
47 Section 72
Insert:
court means:
(a) in relation to:
(i) an application involving a final apprehended violence order made by the Supreme Court; or
(ii) a final apprehended violence order made by the Supreme Court;
the Supreme Court; or
(b) in relation to:
(i) an application involving an order made by the Court of Petty Sessions or a Magistrate; or
(ii) a final apprehended violence order made by the Court of Petty Sessions; or
(iii) an interim court order made by the Court of Petty Sessions or a Magistrate;
the Court of Petty Sessions.
48 Section 72 (paragraph (b) of the definition of interested party)
Omit “, in the case of a protected person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force”.
49 Paragraph 72B(2)(b)
Omit “Children and Young Persons (Care and Protection) Act 1998”, substitute “Child Welfare Act 2009 of Norfolk Island”.
50 Subsection 75(2) (definition of court)
Omit “District Court”, substitute “Supreme Court”.
51 Before section 76
Insert:
In this Division:
court, in relation to the making, variation or revocation of an order, means a court that is empowered by a provision of this Act outside this Division to make, vary or revoke (as appropriate) the order.
Note: Provisions outside this Division empower the Court of Petty Sessions to make, vary or revoke orders of all kinds mentioned in this Division. Provisions outside this Division empower the Supreme Court, in limited circumstances involving serious offences, to make or vary a final apprehended violence order or an interim court order.
52 At the end of section 77
Add:
(9) Despite section 3, in this section:
Registrar means:
(a) in relation to the Supreme Court—the Registrar of the Supreme Court; or
(b) in relation to the Court of Petty Sessions—the Clerk of the Court of Petty Sessions.
53 Subsection 78(4)
Repeal the subsection.
54 Section 83
Repeal the section, substitute:
If: (a) an application for a final apprehended violence order or interim court order is made; and (b) the defendant: (i) is arrested under a warrant issued under this Act; or (ii) first appears before a court in answer to a direction to appear given under this Act; the Bail Act 2005 of Norfolk Island applies to the defendant as if the defendant were an accused person charged with an offence.
55 Section 84
Repeal the section, substitute:
(1) An appeal may be made to the Supreme Court: (a) by the defendant against the making of a final apprehended violence order by the Court of Petty Sessions; or (b) by the applicant for a final apprehended violence order (or, if the applicant was a police officer, by either the applicant or the person for whose protection the order would have been made) against the dismissal of the application by the Court of Petty Sessions; or (c) by the applicant for an apprehended violence order or a defendant against the awarding of costs under section 99; or (d) by a party to an apprehended violence order against the variation or revocation of the order by the Court of Petty Sessions; or (e) by a party to an apprehended violence order against a refusal by the Court of Petty Sessions to vary or revoke the order; or (f) by a party to a non‑local domestic violence order against the variation or revocation of the order by the Court of Petty Sessions or against a refusal of the Court of Petty Sessions to vary or revoke the order. (2) Sections 231, 232 and 234 of the Court of Petty Sessions Act 1960 of Norfolk Island apply in relation to an appeal under this section in the same way as they apply in relation to an appeal under section 229 of that Act.
56 Subsection 85(2)
Omit “original court”, substitute “Court of Petty Sessions”.
57 Subsection 85(3)
Omit “District Court”, substitute “Supreme Court”.
58 Subsection 85(4)
Omit “of this Act and section 63 of the Crimes (Appeal and Review) Act 2001”.
59 Subsection 85(5)
Omit “section 14 of the Bail Act 2013”, substitute “the Bail Act 2005 of Norfolk Island”.
60 Subsection 85(5)
Omit “Bail Act 2013” (second occurring), substitute “Bail Act 2005 of Norfolk Island”.
61 Subsection 85(6)
Repeal the subsection.
62 Subsection 86(2)
Omit “Civil Procedure Act 2005”, substitute “Court Procedures Act 2007 of Norfolk Island or the Court of Petty Sessions Act 1960 of Norfolk Island”.
63 Subsection 86(3)
Omit “legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014)”, substitute “Legal Profession Act 1993 of Norfolk Island”.
64 Subsection 87(1)
Omit “Local Court or the President of the Children’s Court”, substitute “Court of Petty Sessions”.
65 Paragraph 87(1)(b)
Omit “by means of an ECM system within the meaning of the Electronic Transactions Act 2000”, substitute “electronically”.
66 Subsection 87(2)
Omit “court’s internet website”, substitute “internet”.
67 Subsections 91(1) to (4)
Repeal the subsections, substitute:
(1) To the extent permitted by the Commonwealth Constitution, jurisdiction is conferred on the Court of Petty Sessions in the matters of making, varying and revoking orders and determining applications under this Act.
68 Sections 92 and 93
Repeal the sections, substitute:
(1) To the extent permitted by the Commonwealth Constitution, jurisdiction is conferred on the Supreme Court in any matter in relation to which this Act expressly or impliedly: (a) permits proceedings to be instituted in that court; or (b) provides for that court to make, vary or revoke an order (however described). (2) The jurisdiction conferred is to be exercised as criminal jurisdiction of the Supreme Court.
69 Section 94 (definition of appropriate court)
Repeal the definition, substitute:
appropriate court, in relation to an external protection order, means the Court of Petty Sessions.
70 Section 94 (paragraphs (b) and (c) of the definition of external protection order)
Omit “another State or Territory”, substitute “a State, another Territory”.
71 Section 94
Insert:
Registrar means the Clerk of the Court of Petty Sessions.
72 Paragraph 96(1)(b)
Omit “(or a Children’s Magistrate if the appropriate court is the Children’s Court)”.
73 Subsection 96(2)
Repeal the subsection, substitute:
(2) On the referral of an external protection order, the Magistrate may do either or both of the following: (a) vary the period during which the order has effect in its operation in Norfolk Island; (b) make such other adaptations or modifications to the order as the Magistrate considers necessary or desirable for its effective operation in Norfolk Island.
74 Subsections 97(2) and (2A)
Omit “New South Wales”, substitute “Norfolk Island”.
75 Paragraphs 98(2)(a) and (b) and (3)(a) and (b)
Omit “New South Wales”, substitute “Norfolk Island”.
76 Subsection 98(7)
Omit “New South Wales”, substitute “Norfolk Island”.
77 Section 98A (at the end of the definition of agency)
Add:
; or (c) an agency within the meaning of the Privacy Act 1988 of the Commonwealth; or
(d) an organisation within the meaning of the Privacy Act 1988 of the Commonwealth.
78 Section 98A
Repeal the following definitions:
(a) definition of central referral point;
(b) definition of local co‑ordination point.
79 Section 98A
Insert:
nominated non‑government support service means a non‑government support service nominated by the Norfolk Island Minister.
80 Section 98A (definition of privacy legislation)
Repeal the definition.
81 Section 98A (definition of support agency)
Omit “and includes the central referral point and each local co‑ordination point”.
82 Subsection 98C(1)
Omit “(1)”.
83 Subsection 98C(2)
Repeal the subsection.
84 Subsection 98D(2)
Omit “the central referral point or a local co‑ordination point”, substitute “a support agency or nominated non‑government support service”.
85 Section 98E (heading)
Repeal the heading, substitute:
86 Subsections 98E(1) and (2)
Omit “Local Court”, substitute “Court of Petty Sessions”.
87 Subsection 98E(2)
Omit “the central referral point”, substitute “a support agency or a nominated non‑government support service”.
88 Sections 98F and 98G
Repeal the sections.
89 Section 98H (heading)
Repeal the heading, substitute:
90 At the end of section 98H
Add:
(4) This section applies to a nominated non‑government support service in the same way as it applies to a support agency.
91 Subsection 98K(1)
Repeal the subsection.
92 Subsection 98K(2)
Omit “(2)”.
93 Subsection 98K(2)
Omit “, including the privacy legislation or the Government Information (Public Access) Act 2009”.
94 Subsection 98L(1)
Omit “(1)”.
95 Subsection 98L(1)
Omit “, despite the privacy legislation,”.
96 Subsection 98L(2)
Repeal the subsection.
97 Subsection 98M(2)
Omit “, despite the privacy legislation,”.
98 Subsection 98O(4)
Repeal the subsection.
99 Sections 98P and 98Q
Repeal the sections.
100 Section 98S
Before “In this Part:”, insert “(1)”.
101 Section 98S (paragraph (a) of the definition of participating jurisdiction)
Repeal the paragraph, substitute:
(a) Norfolk Island;
102 At the end of section 98S
Add:
(2) To avoid doubt, a reference in this Part to a law of Norfolk Island includes a reference to an applied law.
103 After paragraph 98U(1)(a)
Insert:
(aa) an apprehended domestic violence order, or an interim apprehended domestic violence order, under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
104 After paragraph 98V(a)
Insert:
(aa) a registered external protection order under Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales that has been made to prevent a person acting in a manner specified in section 16 of that Act; or
105 Sections 98Y, 98Z, 98ZA, 98ZB, 98ZD, 98ZE, 98ZF, 98ZG and 98ZH
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
106 Subsection 98ZI(2)
Omit “Commissioner of Police”, substitute “issuing officer (within the meaning of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island)”.
107 Subsection 98ZI(4) (definition of local firearms licence)
Omit “Firearms Act 1996”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
108 Subsection 98ZI(4) (definition of non‑local firearms licence)
Omit “Firearms Act 1996”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
109 At the end of subsection 98ZJ(1)
Add:
Note: Section 45D of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island requires the Administrator of Norfolk Island to refuse to issue a local weapons permit to, and revoke a local weapons permit previously issued to, a person disqualified by this subsection from holding a local weapons permit.
110 Subsection 98ZJ(2)
Repeal the subsection.
111 Subsection 98ZJ(4) (definition of local weapons permit)
Omit “the Weapons Prohibition Act 1998”, substitute “section 45D of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
112 Subsection 98ZJ(4) (definition of non‑local weapons permit)
Omit “Weapons Prohibition Act 1998”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
113 Sections 98ZK, 98ZL, 98ZM, 98ZP, 98ZQ and 98ZR
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
114 Subsection 98ZT(1)
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
115 Subsection 98ZT(5) (definition of authorised officer of New South Wales)
Repeal the definition.
116 Subsection 98ZT(5)
Insert:
authorised officer of Norfolk Island means:
(a) a Magistrate; or
(b) the Registrar, or a Deputy Registrar, of the Supreme Court; or
(c) the Clerk, or Deputy Clerk, of the Court of Petty Sessions; or
(d) a member or special member of the Australian Federal Police of or above the rank of sergeant.
Note: This definition of authorised officer differs from that used in the rest of this Act and from the definition of authorised officer in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI).
117 Section 98ZTA
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
118 Division 6 of Part 13B (heading)
Repeal the heading, substitute:
119 Section 98ZU
Omit “commences”, substitute “comes into force in Norfolk Island”.
120 Section 98ZV
Repeal the section.
121 Section 98ZW
Repeal the section.
122 Subsection 98ZX(4)
Omit “New South Wales”, substitute “Norfolk Island”.
123 Paragraph 98ZY(1)(a)
Omit “registrar of a court of New South Wales to be a recognised DVO in New South Wales”, substitute “Magistrate to be a recognised DVO in Norfolk Island”.
124 Subsections 98ZY(2) and 98ZZ(3)
Omit “New South Wales”, substitute “Norfolk Island”.
125 Section 98ZZA (definition of registrar)
Omit “registrar of a court of New South Wales that has power to make a local DVO”, substitute “Magistrate”.
126 Subsections 98ZZB(1), (2) and (6) and 98ZZC(1)
Omit “New South Wales”, substitute “Norfolk Island”.
127 Subdivision 5 of Division 6 of Part 13B
Repeal the Subdivision.
128 Subsection 99(9)
Omit “State”, substitute “Commonwealth”.
129 Section 104
Repeal the section.
Crimes (Domestic and Personal Violence) Regulation 2019 (NSW)
130 Form 1 in Schedule 1
Omit “Local Court or Children’s Court of NSW”, substitute “Court of Petty Sessions of Norfolk Island”.
131 Form 2 in Schedule 1
Omit “Local Court or Children’s Court of NSW”, substitute “Court of Petty Sessions of Norfolk Island”.
132 Form 2 in Schedule 1 (paragraph 6(b) under the heading “Orders about family law and parenting”)
Omit “or court‑approved”.
Schedule 1AA—Amendment of the Education Act 1990 (NSW)
Education Act 1990 (NSW)
1 Subsection 3(1)
Insert:
Children’s Court means the Court of Petty Sessions of Norfolk Island.
2 Subsection 3(1) (at the end of the definition of government school)
Add “, or the Norfolk Island Central School”.
3 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
NSW Education Act means the Education Act 1990 as in force in New South Wales from time to time.
4 Subsection 3(1) (definition of overseas student)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
5 Subsection 3(1) (definition of relevant institution)
After “registered vocational training organisation”, insert “, any public health organisation (within the meaning of the Health Services Act 1997 (NSW) (NI)), the Police Force of Norfolk Island, the Norfolk Island Regional Council”.
6 Subsection 3(1)
Insert:
Supreme Court means the Supreme Court of Norfolk Island.
7 Subsection 3(1) (definition of Tribunal)
Repeal the definition, substitute:
Tribunal means the Administrative Review Tribunal of Norfolk Island.
8 At the end of Part 1
Add:
Courts (1) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island is, to the extent permitted by the Commonwealth Constitution, conferred on: (a) if the Supreme Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and (b) if the District Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and (c) if the Local Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island; and (d) if the Children’s Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island. Tribunals (2) A power or function conferred on the Civil and Administrative Tribunal of New South Wales under this Act as in force in New South Wales is, to the extent permitted by the Commonwealth Constitution: (a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of this Act as in force in the Territory of Norfolk Island; and (b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
9 Section 4
Omit “In enacting this Act, Parliament has had regard to the following principles”, substitute “This Act is based on the following principles”.
10 Paragraphs 4(c) and (d)
Repeal the paragraphs, substitute:
(c) every child should receive an education of the highest quality.
11 Paragraph 5(c)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
12 Subsection 6(1)
Omit “It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school‑age in New South Wales”, substitute “Every person concerned in the administration of this Act or of education for children of school‑age in the Territory of Norfolk Island”.
13 Subsection 6(1A)
Omit “It is the intention of Parliament that the”, substitute “The”.
14 Subsection 18A(1) (definition of relevant national agreement)
Omit “the State”, substitute “New South Wales”.
15 Subsection 18A(2)
Omit “the State”, substitute “New South Wales”.
16 Subsection 18A(4)
Omit “this State”, substitute “New South Wales or the Territory of Norfolk Island”.
17 Paragraph 18A(4)(a)
After “particular schools”, insert “that include a school in the Territory of Norfolk Island”.
18 Paragraph 18A(4)(b)
After “a school”, insert “in the Territory of Norfolk Island”.
19 Subsection 18A(7)
Omit “the State”, substitute “New South Wales”.
20 Subsection 18A(7)
Omit “a State”, substitute “a New South Wales”.
21 Paragraph 19(f)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
22 Subsection 20(3)
Repeal the subsection, substitute:
(3) Payments of financial assistance under this section are to be made out of money appropriated by the Parliament of the Commonwealth.
23 Paragraph 20A(2)(k)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
24 Subparagraph 20A(2)(r)(iv)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
25 At the end of subsection 20A(3)
Add “and schools in the Territory of Norfolk Island”.
26 Part 5
Repeal the Part.
32 Section 26A (definition of non‑government schools authority)
Repeal the definition, substitute:
non‑government schools authority means a non‑government schools authority within the meaning of Part 5A of the NSW Education Act.
33 Section 26A (definition of school)
Repeal the definition, substitute:
school means:
(a) a government school (within the meaning of this Act or the NSW Education Act); or
(b) a registered non‑government school (within the meaning of the NSW Education Act).
34 Paragraph 26B(1)(a)
After “at a school”, insert “in the Territory of Norfolk Island, or in New South Wales if the student has previously been enrolled at a school in that Territory,”.
35 Subsection 26B(2)
Omit “Government Information (Public Access) Act 2009”, substitute “Government Information (Public Access) Act 2009 (NSW) or the Government Information (Public Access) Act 2009 (NSW) (NI)”.
36 Paragraphs 26C(1)(d) to (i)
Repeal the paragraphs, substitute:
(d) the TAFE Commission and TAFE establishments (within the meaning of the NSW Education Act);
(e) public health organisations (within the meaning of the Health Services Act 1997 (NSW) or the Health Services Act 1997 (NSW) (NI));
(f) the Department of Family and Community Services;
(g) the Department of Justice;
(h) the Australian Federal Police;
(i) the NSW Police Force (as defined in subsection 21(1) of the Interpretation Act 1987 (NSW));
(ia) the Police Force of Norfolk Island;
(ib) the Norfolk Island Regional Council;
37 After subparagraph 26D(6)(a)(i)
Insert:
(ia) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
38 After paragraph 26F(2)(a)
Insert:
(aa) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
39 After subsection 34(3)
Insert:
(3A) For the purposes of this section: (a) the Territory of Norfolk Island is taken to be designated as an intake area; and (b) the Norfolk Island Central School is taken to be designated for that intake area.
40 Paragraph 34(4)(a)
After “government school”, insert “(within the meaning of this Act or the NSW Education Act)”.
41 After section 83M
Insert:
This Part does not apply in relation to the Territory of Norfolk Island unless the Commonwealth Act extends to the Territory of Norfolk Island.
42 Subparagraph 94(1)(a)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
43 Subsection 94(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales,”.
44 Subparagraph 95(1)(b)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
45 Subsection 95(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales”.
46 Subsection 107(1)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
47 Subsection 108(2)
Repeal the subsection, substitute:
(2) This section applies to the exclusion of subsections 31(1) and (2) of the Administrative Review Tribunal Act 1996 of Norfolk Island. (2A) Subsections 31(3) and (4) of that Act (providing copies of and reasons for decisions, and when decisions take effect) apply in relation to a decision under subsection (1) of this section as if each reference in those subsections to a decision under subsection 31(1) of that Act were a reference to a decision under subsection (1) of this section.
48 Subsection 108(3) (note)
Repeal the note, substitute:
Note: For the powers of the Tribunal on review of a decision of the Authority under Part 7A, see section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
49 Subsection 108(4)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
50 Subsection 109(2)
Omit “section 6 (4) of the Administrative Decisions Review Act 1997”, substitute “subsection 14(5) of the Administrative Review Tribunal Act 1996 of Norfolk Island”.
51 Subsection 115(1A)
Repeal the subsection, substitute:
(1A) Any such parents and citizens association may be incorporated under the Associations Incorporation Act 2005 of Norfolk Island.
52 At the end of Part 11
Add:
(1) This section applies to an association constituted under section 15A of the Education Act 1931 of Norfolk Island, as in force immediately before the commencement of Schedule 2 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 of the Commonwealth. (2) The association continues in existence after that commencement as if it were a parents and citizens association constituted under subsection 115(1) of this Act. (3) The rules of the association as in force immediately before that commencement continue in force after that commencement as if they were rules approved by the Minister under subsection 117(1) of this Act.
52A Section 122
Repeal the section.
53 Section 125
Repeal the section.
54 Subsection 128(1)
Omit “Parliament”, substitute “the Parliament of the Commonwealth”.
55 Section 135
Repeal the section.
Schedule 1AB—Amendment of the Education Standards Authority Act 2013 (NSW)
Education Standards Authority Act 2013 (NSW)
1 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
2 At the end of Part 1
Add:
This Division applies in relation to local government elections and elected members of councils.
6 Subsection 53(5) (definition of relevant planning application)
Repeal the definition, substitute:
relevant planning application means:
(a) an application for variation of the Norfolk Island Plan, or a request to the Minister to prepare a draft plan, under Part 2 (Norfolk Island Plan) of the Planning Act 2002 of Norfolk Island; or
(b) a request to the Minister to prepare a draft development control plan, or to amend or repeal a development control plan, under Part 3 (development control plans) of that Act; or
(c) an application for a declaration in relation to a significant development under Part 3A (significant developments) of that Act; or
(d) an application for development approval, or an application for modification of a development approval, under Part 5 (development approval process) of that Act.
7 Section 55
Omit “unless it is a reportable political donation.”, substitute:
unless: (a) the amount of the payment is $1,000 or more; or (b) the total amount of all such payments made by the individual to the party during the same financial year is $1,000 or more.
8 Section 55 (note)
Repeal the note.
9 Subsection 57(2)
Omit “sections 6 and 23”, substitute “section 55”.
10 Section 57 (note)
Repeal the note.
11 Subsection 58(1)
Omit “political donation, loan or indirect campaign contribution”, substitute “political donation or loan”.
12 Subsection 58(1)
Omit “the donation, loan or contribution”, substitute “the donation or loan”.
13 Subsection 58(1)
Omit “the State” (wherever occurring), substitute “the Commonwealth”.
14 Paragraphs 58(1)(a) and (b)
Omit “donation, loan or contribution”, substitute “donation or loan”.
15 Subsection 58(3)
Omit “the State” (wherever occurring), substitute “the Commonwealth”.
16 Subsections 58(2), (4) and (5)
Repeal the subsections (including the note).
17 Paragraph 139(1)(a)
Omit “the Electoral Commission”, substitute “the Norfolk Island Department”.
18 Subsection 145(1)
Omit “5, 6 or”.
19 Subsection 149(3)
Repeal the subsection, substitute:
(3) If a party that is an unincorporated association is charged with an offence under this Act, any proceedings in relation to the offence are to be conducted, as far as is practicable, as if the party were a corporation charged with such an offence, subject to any order of a court made in relation to the conduct of the proceedings.
20 Paragraph 153(2)(a)
Omit “(other than section 60)”.
Electoral Funding Regulation 2018 (NSW)
21 At the end of Part 1
Add:
(1) The provisions of this Regulation, other than the provisions referred to in subclause (2), do not apply in relation to the Territory of Norfolk Island. (2) The following provisions of this Regulation apply in relation to the Territory of Norfolk Island: (a) this Part; (b) clause 34; (c) subclauses 36(1) and (2); (d) clause 42.
22 Clause 34
Omit “lead candidate of a group”, substitute “candidate in a group”.
23 Clause 36 (heading)
Omit “and third party campaigns”.
24 Paragraph 42(2)(d)
Omit “the Electoral Commission”, substitute “the Norfolk Island Department”.
Schedule 1B—Amendment of the Government Information (Public Access) Act 2009 (NSW)
Government Information (Public Access) Act 2009 (NSW)
1 Subsection 4(1) (after paragraph (g) of the definition of agency)
Insert:
However, the Norfolk Island Regional Council is not an agency.
Schedule 1C—Amendment of the Government Sector Employment Regulation 2014 (NSW)
Government Sector Employment Regulation 2014 (NSW)
1 Paragraphs 12(a) and (b)
Repeal the paragraphs, substitute:
(a) a day that is, under section 9 of the Employment Act 1988 of Norfolk Island, to be observed as a public holiday;
Schedule 2—Amendment of the Health Services Act 1997 (NSW)
Health Services Act 1997 (NSW)
1 At the end of Chapter 1
Add:
(1) The provisions of this Act, other than the provisions referred to in subsection (2), do not apply in relation to the Territory of Norfolk Island. (2) The following provisions of this Act apply in relation to the Territory of Norfolk Island: (a) Chapters 1, 2, 3, 5 and 6; (b) Parts 1 and 1A of Chapter 10; (c) sections 134, 135, 136, 137, 139 and 140; (d) Schedules 1 and 3; (e) the Dictionary. (3) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island, and in which the Local Court has jurisdiction in relation to New South Wales, is, to the extent permitted by the Commonwealth Constitution, conferred on the Court of Petty Sessions of Norfolk Island.
2 At the end of section 18
Add:
(4) The Territory of Norfolk Island is taken to be a local government area in respect of which the South Eastern Sydney Local Health District is constituted. The table in Schedule 1 is taken to have been amended accordingly.
3 At the end of section 62
Add:
(6) The Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island) is taken to be an affiliated health organisation in respect of its recognised establishment, the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Act 1985 of Norfolk Island). The table in Schedule 3 is taken to have been amended accordingly.
Schedule 2A—Amendment of the Industrial Relations Act 1996 (NSW)
Industrial Relations Act 1996 (NSW)
1 Paragraph 72AE(1)(b)
After “police officer,”, insert “member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island, member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act 1979 of the Commonwealth,”.
2 Subsection 388(2)
After “police officer”, insert “, member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island or member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act 1979 of the Commonwealth”.
Schedule 3—Amendment of the Interpretation Act 1987 (NSW)
Interpretation Act 1987 (NSW)
1 Section 4
Omit all the words after “binds the Crown”, substitute “in each of its capacities”.
2 Paragraph 13(b)
Omit “New South Wales”, substitute “the Commonwealth”.
3 Subsection 21(1)
Insert:
applied law means a law of New South Wales as in force in the Territory of Norfolk Island under section 18A of the Norfolk Island Act.
Commissioner of Police means the Commissioner of the Australian Federal Police.
Commonwealth Gazette means the Commonwealth of Australia Gazette.
Commonwealth Government Printer includes any person printing for the Government.
Commonwealth Minister means a Minister of State of the Commonwealth.
4 Subsection 21(1) (definition of Consolidated Fund)
Repeal the definition, substitute:
Consolidated Fund means the Consolidated Revenue Fund referred to in section 81 of the Commonwealth Constitution.
5 Subsection 21(1) (definition of Government)
Repeal the definition, substitute:
Government means the Government of the Commonwealth.
6 Subsection 21(1)
Insert:
law of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the Territory of Norfolk Island.
New South Wales Act means an Act passed by the Parliament of New South Wales.
Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.
Norfolk Island Department means the Department of State of the Commonwealth responsible for the administration of the Norfolk Island Act.
Norfolk Island Minister means the Commonwealth Minister who administers the Norfolk Island Act.
7 Subsection 21(1) (definition of NSW Police Force)
Repeal the definition, substitute:
NSW Police Force means the Australian Federal Police.
8 Subsection 21(1) (definition of police officer)
Repeal the definition, substitute:
police officer means any of the following:
(a) a member or a special member of the Australian Federal Police;
(b) a member of the Police Force of Norfolk Island;
(c) a member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act.
9 Subsection 21(1)
Insert:
Territory Gazette means the Norfolk Island Government Gazette.
Territory of Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.
Territory Ordinance means:
(a) a section 19A Ordinance (within the meaning of subsection 4(1) of the Norfolk Island Act); or
(b) an Ordinance continued in force by the Norfolk Island Act.
10 Subsection 21(1) (definition of the State)
Repeal the definition, substitute:
the State:
(a) when used in a geographical sense—means the Territory of Norfolk Island; and
(b) when used in any other sense—means the Territory of Norfolk Island unless the context precludes that meaning.
11 At the end of Part 2
Add:
(1) A reference in this Act or a Territory Ordinance to the short title of a New South Wales Act followed by “(N.S.W.)” or “(NSW)” is a reference to the Act as in force in New South Wales from time to time. (2) A reference in this Act, a Territory Ordinance or an applied law to the short title of a New South Wales Act followed by “(N.S.W.)(N.I.)” or “(NSW)(NI)” is a reference to the Act as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act. (3) A reference in an applied law to the short title of a New South Wales Act is taken to be a reference to the corresponding applied law.
(1) A reference in this Act or a Territory Ordinance to an instrument followed by “(N.S.W.)” or “(NSW)” is a reference to the instrument as in force in New South Wales from time to time. (2) A reference in this Act, a Territory Ordinance or an applied law to an instrument followed by “(N.S.W.) (N.I.)” or “(NSW) (NI)” is a reference to the instrument as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act.
12 At the end of Part 5
Add:
If an applied law requires or permits something to be done in accordance with, or having regard to, a document made, approved or published under, or for the purposes of, an applied law or a law of New South Wales, the reference to the document is taken to be a reference to: (a) any such document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the time the thing is to be done (the relevant time); or (b) if there is no document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the relevant time—the document made, approved or published under, or for the purposes of, the law as in force in New South Wales, as the document is in force or exists at the relevant time.
(1) This section applies if: (a) an applied law is expressed (ignoring section 18B of the Norfolk Island Act) to make: (i) a recommendation (however described) about a matter; or (ii) an approval (however described) of a matter; by a Minister or an authority established or appointed by or under an applied law or a law of New South Wales a prerequisite for a person to exercise a function; and (b) the Norfolk Island Minister has that function because of section 18B of the Norfolk Island Act. (2) The Norfolk Island Minister may exercise the function without receiving or following the Minister’s or authority’s recommendation about the matter or approval of the matter.
(1) The Norfolk Island Minister need not comply with a requirement that: (a) is imposed on the Norfolk Island Minister by an applied law (as affected by section 18B of the Norfolk Island Act or otherwise); and (b) because of section 18B of the Norfolk Island Act, is a requirement for the Norfolk Island Minister to do something in relation to the Norfolk Island Minister: (i) before taking another action; or (ii) in the process of taking another action; or (iii) after taking another action.
Note: Some examples of a requirement to which this section applies are if an applied law (ignoring section 18B of the Norfolk Island Act) says:
(a) the Governor may do something on the advice of a Minister; or
(b) an authority must give the Minister notice of a decision or action the authority has taken.
(2) To avoid doubt, if the Norfolk Island Minister takes the other action, its validity is not affected merely because the Norfolk Island Minister did not or does not comply with the requirement.
Note: This also applies to action by a delegate of the Norfolk Island Minister.
Requirements relating to the Parliament that need not be complied with (1) A person or body need not comply with a requirement imposed by an applied law on the person or body to do either of the following: (a) give (however described) a thing to the Parliament, a committee of the Parliament or an officer or member of the Parliament; (b) act consistently (however described) with a resolution or recommendation of the Parliament. Failure to comply with the requirement does not affect the validity of any act.
Note 1: Applied laws may use various verbs to express requirements to give something to the Parliament, a committee of the Parliament, or an officer or member of the Parliament. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.
Note 2: Applied laws may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Parliament. For example, applied laws may refer to a person or body doing something in accordance with a resolution of the Parliament, on the recommendation of the Parliament or on an address from the Parliament.
Acts valid despite absence of action relating to the Parliament (2) Despite an applied law providing for a thing to be done by or in relation to the Parliament: (a) before a function can be exercised by an authority other than the Parliament; or (b) in connection with the exercise of a function, by such an authority; the function may be exercised by the authority even though that thing has not been done, or is not done, by or in relation to the Parliament.
13 At the end of Part 8
Add:
If an applied law establishes or requires the establishment or appointment of: (a) a committee; or (b) a board; or (c) a registrar; or (d) any other statutory body; then the law is not taken to establish, or require the establishment or appointment of, the same kind of body in the Territory of Norfolk Island.
14 Section 58 (definition of laws of the State)
Repeal the definition.
15 After section 75
Insert:
(1) This Act applies in relation to the Territory of Norfolk Island only to the following extent: (a) this Part; (b) Division 1A of Part 3 (power to require identity of suspected AVO defendant to be disclosed); (c) Part 6 (search, entry and seizure powers relating to domestic violence offences); (d) Part 15 (safeguards relating to powers); (e) Division 1 of Part 17 (confiscated knives and other dangerous articles and implements); (f) the other provisions of this Act so far as they relate to a provision mentioned in paragraph (a), (b), (c), (d) or (e), except sections 235, 242, 242A and 243. (2) Regulations under this Act apply in relation to the Territory of Norfolk Island only to the extent that they are relevant to: (a) a provision of this Act mentioned in paragraph (1)(a), (b), (c), (d) or (e); or (b) another provision of this Act so far as it relates to a provision of this Act mentioned in paragraph (1)(a), (b), (c), (d) or (e).
7 Subsection 211(2)
Omit “Act”, substitute “law”.
8 Paragraph 212(4)(b)
Omit “the Firearms Act 1996”, substitute “Part 5 of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
9 Subsection 214(4)
Repeal the subsection.
Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW)
10 Subclause 3(1) (at the end of the note)
Add “For example, section 8A of the Act limits the application of this Regulation so that it applies only to the extent that it is relevant to a provision of the Act described in that section.”.
11 Part 1 of Form 4 in Schedule 1
Omit “in the State of New South Wales” (wherever occurring).
12 Part 2 of Form 4 in Schedule 1 (note)
Omit “Local Court” (wherever occurring), substitute “Court of Petty Sessions”.
13 Part 1 of Form 5 in Schedule 1
Omit “in the State of New South Wales” (wherever occurring).
14 Part 2 of Form 5 in Schedule 1 (note)
Omit “Local Court”, substitute “Court of Petty Sessions”.
Schedule 3B—Amendment of the Lobbying of Government Officials Act 2011 (NSW) and the Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014 (NSW)
Lobbying of Government Officials Act 2011 (NSW)
1 Subsection 3(1) (at the end of the definition of Electoral Commission)
Add:
Note: Subsection 18B(2) of the Norfolk Island Act has the effect of vesting the powers (including the functions and duties) of the Electoral Commission under this Act and the regulations, as in force in Norfolk Island, in:
(a) the Norfolk Island Minister; and
(b) any other person or authority authorised by a direction or delegation under subsection 18B(3) or (4) of the Norfolk Island Act.
2 Subsection 3(1) (definition of Government official)
Repeal the definition, substitute:
Government official means a member (however expressed) of, or of the governing body of, a statutory body.
3 Subsection 3(1) (definition of planning application)
Repeal the definition, substitute:
planning application means an application or request by a person (other than a public authority):
(a) for variation of the Norfolk Island Plan under Part 2 (Norfolk Island Plan) of the Planning Act 2002 of Norfolk Island; or
(b) to the Minister to prepare a draft plan under Part 2 (Norfolk Island Plan) of that Act; or
(c) to the Minister to prepare a draft development control plan, or to amend or repeal a development control plan, under Part 3 (development control plans) of that Act; or
(d) for a declaration in relation to a significant development under Part 3A (significant developments) of that Act; or
(e) for consent to, or approval of, any development, project or activity under that Act or for the modification of any such consent or approval.
4 Subsection 3(1)
Insert:
public authority means:
(a) a public or local authority constituted by or under a law in force in the Territory of Norfolk Island under section 16, 16A or 18A of the Norfolk Island Act; or
(b) the Norfolk Island Department; or
(c) the Secretary, or an SES employee or acting SES employee (within the meaning of the Public Service Act 1999 of the Commonwealth), of that Department.
5 At the end of Part 1
Add:
This Part does not apply to: (a) a success fee paid or payable under an agreement in force at any time before this section came into force in the Territory of Norfolk Island; or (b) an agreement by a person for the giving or receiving of a success fee made before this section came into force in the Territory of Norfolk Island; or (c) a success fee paid or payable for work carried out before this section came into force in the Territory of Norfolk Island.
7 Section 19 (heading)
Omit “Lobbyists Code and”.
8 Subsection 19(1)
Omit “the Lobbyists Code and”.
9 Subsection 19(1)
Omit “(including any code of conduct or official rules referred to in section 12 (2))”.
10 Subsection 19(3)
Omit “to be a reference to the Lobbyists Code and”, substitute “to include a reference to”.
Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014 (NSW)
11 After clause 2
Add:
(1) The provisions of this Regulation, other than the provisions referred to in subclause (2), do not apply in relation to the Territory of Norfolk Island. (2) The following provisions of this Regulation apply in relation to the Territory of Norfolk Island: (a) clause 1; (b) clause 3; (c) clause 3A.
12 Paragraph 3A(2)(a)
Omit “, New South Wales Division”.
13 Paragraph 3A(2)(b)
Omit “, New South Wales Branch,”.
Schedule 4—Amendment of the Local Government Act 1993 (NSW) and the Local Government (General) Regulation 2005 (NSW)
Local Government Act 1993 (NSW)
1A Section 5
After “This Act applies”, insert “in and in relation”.
1 At the end of Chapter 1
Add:
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Norfolk Island Applied Laws Ordinance 2016.
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
The laws of New South Wales, as in force in New South Wales from time to time, form part of the law of the Territory. In this Ordinance, the term “applied laws” is used to refer to New South Wales laws in their character as laws of the Territory.
Applied laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of an applied law for a period.
This Ordinance amends, repeals and suspends applied laws as set out in the items in the Schedules to this Ordinance.
The items are to be read together with the New South Wales laws in order to understand the operation of the applied laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.
In this Ordinance:
applied industrial relations law means any of the following applied laws:
(a) the Anti‑Discrimination Act 1977 (NSW);
(b) the First State Superannuation Act 1992 (NSW);
(c) the Government Information (Public Access) Act 2009 (NSW);
(d) the Government Sector Employment Act 2013 (NSW);
(e) the Industrial Relations Act 1996 (NSW);
(f) the Public Finance and Audit Act 1983 (NSW);
(g) the Superannuation Administration Act 1996 (NSW);
(h) the Teaching Service Act 1980 (NSW);
(i) the Workers Compensation Act 1987 (NSW);
(j) the Work Health and Safety Act 2011 (NSW);
(k) the Workplace Injury Management and Workers Compensation Act 1998 (NSW);
(l) legislation made under a law referred to in any of the preceding paragraphs.
applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979.
(1) The Interpretation Act 1979 (Norfolk Island) does not apply to this Ordinance or rules made under this Ordinance.
Note: The Acts Interpretation Act 1901 applies instead because this Ordinance and rules made under it are legislative instruments (see subsection 13(1) of the Legislation Act 2003).
How it works mechanically (key mechanisms)
Official rationale (what the instrument claims to do)
Practical effects, trade‑offs and implementation considerations
Legal mapping and administrative substitution: many references to NSW institutions are replaced with Norfolk Island equivalents (courts, registrars, police, tribunals). That produces working rules but requires local institutions (for example Court of Petty Sessions, Supreme Court of Norfolk Island, Administrative Review Tribunal of Norfolk Island) to absorb jurisdictions and procedures that in NSW are handled by different bodies (see the many substitutions in the Schedules, e.g. Schedule 1AAA, Schedule 1AA, Schedule 3, Schedule 4, etc.). That is an operational task for Norfolk Island bodies and for Commonwealth agencies with Norfolk Island responsibilities.
Concentrated benefits, diffuse costs: any group that gains a specific statutory right or regulatory clarity (for example employees covered by workers‑compensation provisions, school staff under the Education Act or regulated health providers) receives concentrated, identifiable benefits. The costs — additional compliance, administrative setup, and ongoing enforcement — are borne across Norfolk Island public funds and local businesses (see amendments to the Health Services Act, Local Government Act, Work Health and Safety Act in Schedules 2, 4, 9, etc.).
Compliance burden and transition work: private parties and local authorities must identify which NSW rules now apply and how the Ordinance’s textual substitutions change practical obligations (for example, changes to forms, who issues licences, which court hears appeals). Schedules contain many detailed, piecemeal edits that increase the attention required from lawyers, regulators and regulated entities.
Centralised rulemaking and ministerial discretion: the Minister’s power to make rules (section 7) centralises adaptive amendments in the executive. The rules cannot create offences or criminal powers or taxes (section 7(2)), but they can amend or repeal applied laws and make transitional arrangements. Delegation to departmental officers was allowed but the instrument of delegation is time-limited (section 7(3)–(4)), which concentrates responsibility at ministerial level for continuing amendment.
Constitutional and jurisdictional constraints: the Ordinance constantly notes that jurisdictional exercises depend on what is “permitted by the Commonwealth Constitution” (see many inserted “to the extent permitted by the Commonwealth Constitution” provisions in Schedules). That is a legal caveat: some transfers of jurisdiction from NSW models to Norfolk Island bodies depend on constitutional power and may raise practical litigation risk if boundaries are contested.
Risk of cross‑reference fragility: the model relies on reading NSW laws together with the amendment items in the Schedules. That creates a dual‑source legal regime (the NSW Act as in force + the Ordinance’s amendments). Where the Ordinance amends or omits definitions or cross‑references (for example via Schedule 3 changes to Interpretation Act definitions), readers must consult multiple texts to determine the law in force. That raises uncertainty and a higher search cost for courts, lawyers and administrators.
Effects on private choice and markets: regulated businesses will face a new regulatory baseline in areas like planning, local government rates, health services, workplace safety and education. Firms must adapt operationally (licences, workplace health & safety compliance, local government compliance). Some changes remove or limit NSW mechanisms (for example certain parts of NSW Acts are explicitly excluded or suspended) which may reduce or alter compliance obligations for particular activities; others import NSW obligations that did not exist locally.
Who pays, who decides, and what behaviour changes
Implementation risks and opportunity costs
(2) Subject to section 6A, the Interpretation Act 1987 (NSW), as it applies in the Territory from time to time, applies in relation to an applied law as amended by this Ordinance.
Note: The Interpretation Act 1987 (NSW) is a law of New South Wales in force in the Territory under section 18A of the Norfolk Island Act 1979.
(1) Subject to this section, the Interpretation Act 1987 (NSW) applies, without the amendments made by this Ordinance, in relation to an applied industrial relations law. (2) A reference in an applied industrial relations law to New South Wales in a geographical sense, however expressed, is taken to include a reference to the Territory. (3) The following provisions of the Interpretation Act 1987 (NSW), as amended by this Ordinance, apply in relation to an applied industrial relations law: (a) section 38D (special rules relating to the Parliament); (b) section 53B (establishment or appointment of statutory bodies); (c) section 75A (publication in Territory or Commonwealth Gazette). (4) An applied industrial relations law applies, in the Territory, only in relation to the following: (a) an officer or employee of New South Wales; (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979); (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979); and only to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979. (5) An applied industrial relations law that provides for the appointment of a person to an office or position, or the removal or suspension of a person from an office or position, is not taken to require the appointment, removal or suspension of a person in the Territory separately from the appointment, removal or suspension of the person in New South Wales.
(1) The Minister may, by legislative instrument, make rules amending this Ordinance: (a) so as to amend or repeal an applied law; or (b) to make application, saving or transitional provision in relation to any amendments or repeals of applied laws. (2) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax. (3) The Minister may, in writing, delegate the Minister’s power under subsection (1) to: (a) the Secretary of the Department; or (b) a Deputy Secretary of the Department. (4) However, an instrument of delegation made under subsection (3) is of no effect on or after 1 January 2023. (5) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
(1) Each applied law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms. (2) The amendments, repeals and other items set out in the Schedules to this Ordinance continue in effect according to their terms from time to time. (3) If: (a) an item in a Schedule to this Ordinance amends, repeals, suspends or otherwise affects an applied law; and (b) the item is amended or repealed; then, to the extent to which the law remains a law in force in New South Wales, the applied law continues in force in the Territory in accordance with section 18A of the Norfolk Island Act 1979 and this Ordinance as amended.
Schedule 1—Suspension
1 Suspension
(1) The operation of the legislation of New South Wales, other than an Act specified in the following table or legislation made under such an Act, is suspended in the Territory for the period:
(a) beginning on the day this item commences; and
(b) subject to subitem (3), ending at the end of 31 December 2026.
| Legislation of New South Wales that has not been suspended |
|---|
| Name of Act |
| Health Services Act 1997 |
| Interpretation Act 1987 |
| Local Government Act 1993 |
| Long Service Leave Act 1955 |
Note: Because the legislation specified in this table was never suspended in the Territory, it started to apply in the Territory on 1 July 2016 (the day section 18A of the Norfolk Island Act 1979 commenced).
(2) Subitem (1) applies to legislation of New South Wales whether the legislation is in operation on the day this item commences or whether it comes into operation after that day.
(3) The period for which the operation of an Act specified in column 1 of the following table, and any legislation made under that Act, is suspended in the Territory ends at the start of the day specified in column 2 of the table.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Legislation of New South Wales that is not suspended</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Name of Act</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>End of period of suspension</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:39.16%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Anti</span><span style="font-style:italic">‑</span><span style="font-style:italic">Discrimination Act 1977</span></p></td><td style="width:39.22%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Crimes (Domestic and Personal Violence) Act 2007</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>29</span><span> </span><span>September 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Education Act 1990</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Education Standards Authority Act 2013</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Electoral Funding Act 2018</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The day the </span><span style="font-style:italic">Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2020</span><span> commences.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>16</span><span> </span><span>May 2020</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">First State Superannuation Act 1992</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Government Information (Public Access) Act 2009</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Government Sector Employment Act 2013</span></p></td><td style="width:39.22%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The industrial relations laws application day.</span></p></td><td style="width:21.62%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>22</span><span> </span><span>March 2018</span></p></td></tr><tr><td style="width:39.16%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span style="font-style:italic">Industrial Relations Act 1996</
This is an opening excerpt, not the complete document.