Editors --- "Norfolk Island: Administrative Law Reform" [2010] AdminRw 18; (2010) 59 Admin Review 74

• Norfolk Island: administrative law reform

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Norfolk Island: administrative law reform

On 17 March 2010 the Australian Government introduced into parliament the Territories Law Reform Bill. If passed, the Bill will introduce important reforms to Norfolk Island’s governance arrangements. It also proposes amendments to Commonwealth administrative laws to strengthen the accountability and transparency of the Norfolk Island Government and Administration. In part, the Bill implements recommendations of the 2003 report of the Joint Standing Committee on the National Capital and External Territories, entitled Quis custodiet ipsos custodes?: inquiry into governance on Norfolk Island. In particular, the report recommended extension to Norfolk Island of the benefits of a comprehensive system of administrative law, commensurate with that available to other Australians.

The proposed amendments will extend to Norfolk Island the application of the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982 and the Privacy Act 1988. In addition, through amendments to the Ombudsman Act 1976 and the Norfolk Island Act 1979 the Commonwealth Ombudsman will become the Ombudsman for Norfolk Island. The Administrative Appeals Tribunal Act 1995 will not apply to all decisions made under Norfolk Island enactments: Part 4 of the Bill proposes amendments to the Act that will confer on the tribunal merits review jurisdiction for specified decisions under Norfolk Island legislation. The amendments in the reform Bill will be supplemented by regulations that will specify which decisions made under the authority of Norfolk Island law may be subject to Administrative Appeals Tribunal merits review. Use of regulations will allow for staged implementation of the reforms, to be carried out in consultation with the Administrative Appeals Tribunal and the Norfolk Island Government and Administration.