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:
Section 3A - Norfolk Island Applied Laws Ordinance 2016 - Modifications for Norfolk Island | Zoe