Norfolk Island

Overview

Norfolk Island is a small volcanic island sitiated about 1,609 km north east of Sydney, and 966 km north of Auckland. Its land mass is approximately 40 kilometers squared.

Norfolk Island is a territory of Australia and was one of the first British settlements in the Pacific. Twice it was used as a penal colony. People from Pitcairn Island were moved to Norfolk Island.

South of Norfolk are two smaller islands, Nepean Island and Phillip Island.

Government

Norfolk Island is the only non-mainland Australian territory to have achieved self-governance. The Norfolk Island Act, passed by the Parliament of Australia in 1979, is the Act under which the island is governed. The Australian Government maintains authority on the island through an Administrator (currently Owen Walsh), who is appointed by the Governor-General of Australia.

A Legislative Assembly is elected by popular vote for a term of not more than three years, although legislation passed by the Australian Parliament can extend its laws to the territory at will, including the power to override any laws made by the Norfolk Island Legislative Assembly.

The Assembly consists of nine seats, with electors casting nine equal votes, of which no more than two can be given to any individual candidate. Four of the members of the Assembly form the Executive Council, which devises policy and acts as an advisory body to the Administrator. The current Chief Minister of Norfolk Island is Andre Nobbs. All seats are held by independent candidates. Norfolk Island has yet to embrace party politics. In 2007 a branch of the Australian Labor Party was formed on Norfolk Island, with the aim of reforming the system of government.

The island's official capital is Kingston; it is, however, more a centre of government than a sizeable settlement. The largest settlement is at Burnt Pine.

Demography

The population of Norfolk Island was estimated in July 2003 to be 1,853, with an annual population growth rate of -0.01%. In July 2003, 20.2% of the population were 14 years and under, 63.9% were 15 to 64 years and 15.9% were 65 years and over.

Economy

The Australian Government controls the exclusive economic zone extending 200 nautical miles (370 km) around Norfolk Island (370 km) and territorial sea claims to three nautical miles (6 km) from the island.

The exclusive economic zone provides the islanders with fish, its only major natural resource. Norfolk Island has no direct control over any marine areas but has an agreement with the Commonwealth through the Australian Fisheries Management Authority (AFMA) to fish "recreationally" in a small section of the EEZ known locally as "the Box".

While there is speculation that the zone may include oil and gas deposits this is not proven. There are no major arable lands or permanent farmlands, though about 25 per cent of the island is a permanent pasture. There is no irrigated land. The island uses the Australian dollar as its currency.

Legal System

Court structure and the legal system

The Supreme Court of Norfolk Island is the superior Court of Norfolk Island. Appeal lies to the Federal Court of Australia. The Court was established by the Norfolk Island Act 1957. Although that Act was repealed by the Norfolk Island Act 1979, the Court continued in existence as "the Superior Court of Record of the Territory".

The Court deals with matters arising under specific Norfolk Island laws such as Probate and Administration of Deceased estates: Probate and Administration Act 1976 (NI); serious indictable offences and crimes: Criminal Law Act 1960 (NI) adopting the NSW Crimes Act of 1900; Bail on serious offences: Bail Act 2005 (NI), and registration of Maintenance Orders made by foreign courts (not Australian Child Support assessments): Maintenance Orders (Facilities for Enforcement)Act 1960 (NI) and exercises federal jurisdiction for those Australian federal laws that are expressed to apply to the Territory of Norfolk Island: Section 18, Norfolk Island Act 1979 (Cth of Aust.)

Local ordinances and acts apply on the island, where most laws are based on the Australian legal system. Australian common law applies when not covered by either Australian or Norfolk Island law.

Judiciary

Judges of the Supreme Court of Norfolk Island are generally appointed from among Justices of the Federal Court who may sit on the Australian mainland or they may convene the court on Norfolk Island depending on the type of matter.

Supreme Court sittings are generally conducted on a circuit court basis with Judges attending on Norfolk Island where the volume of work may be sufficient to justify the travel or where a regular court sitting has not been convened for some time or where the law governing a particular matter may require that the court be convened on Norfolk Island and not elsewhere.