Supreme Court of Norfolk Island - Establishment

Establishment

The Norfolk Island Act 1979 ("the 1979 Act") recited that Parliament recognised the special relationship of the descendants of the settlers from Pitcairn Island with Norfolk Island; and that Parliament

"consider(ed) it to be desirable and to be the wish of the people of Norfolk Island that Norfolk Island achieve, over a period of time, internal self-government as a Territory under the authority of the Commonwealth and, to that end, to provide, among other things, for the establishment of a representative Legislative Assembly and of other separate political and administrative institutions on Norfolk Island".

The 1979 Act repealed the 1957 and 1963 Acts. Part II of the 1979 Act ("Administration") provided for the appointment by the Governor-General of an Administrator (ss.5, 6) and for the establishment of the Administration of Norfolk Island as a body politic (s.5(2)). An Executive Council was established to advise the Administrator (s.11). The Administrator may, on the advice of the Legislative Assembly, appoint a member of the Legislative Assembly to executive office (s.13, and see generally Brown v Administration of Norfolk Island (1991) 29 FCR 511).

The "Judicial System" is dealt with in Part VII of the 1979 Act. The Supreme Court established by the 1957 Act continues in existence, notwithstanding the repeal of that Act (s.52(1)). The Governor-General may appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court (s.53).

Other courts and tribunals for the Territory may be established by or under enactment (s.60).

Section 67(1) empowers the Governor-General to make regulations, in particular to (s.67(1)(a)):

"(a) (make) provision for and in relation to sittings of the Supreme Court in a State or in a Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice..."