Role of the Administrator
Section 5 of the Norfolk Island Act 1979 provides for an Administrator of the Territory “who shall administer the government of the Territory as a Territory under the authority of the Commonwealth.” The government of the Territory or the 'Administration' is established as a body politic with perpetual succession under section 5(2).
Section 6 provides that the Administrator “shall be appointed by the Governor-General by Commission and shall hold office during the pleasure of the Governor-General”.
The role of the Administrator is essentially threefold.
The first element is akin to the role of a State Governor in which the Administrator acts as the representative of the Crown acting on advice from the Norfolk Island Government on matters falling within its responsibility. In carrying out this role the Administrator forms part of the executive arm of the Norfolk Island Government and is involved in Norfolk Island's legislative and parliamentary processes (for example when assenting to Territory laws chairing Executive Council meetings making executive and judicial appointments and when exercising powers conferred on the Office under Territory laws with respect to elections and referendums). The Administrator's formal and ceremonial duties as the Crown's representative on-Island include attending or hosting community events commemorations and receptions receiving visiting Heads of State or Government and other dignitaries and VIPs. In this capacity the Administrator is also closely involved with the Island's community charitable and service organisations and plays an important part in acknowledging the important contribution by organisations and individuals to the well-being of the Island community.
The second element of the Administrator's role is to act as the Federal Government's representative on the Island. Here the responsibilities of the Office include:
- providing a regular channel of communication between the Federal and Territory Governments and between Norfolk Island residents and Federal Ministers and agencies;
- providing advice to Norfolk Island Ministers officials and residents on Federal Government agencies services programs and proposals that may be relevant to the Territory;
- liaising with the Australian Defence Force on behalf of the Island community (eg responding to requests by the Administration for assistance by the Australian Defence Force emergency evacuations of Island residents by the RAAF to the Australian mainland for medical treatment coordinating Australian Defence Force visits);
- participation in various community and governmental committees and working groups on Norfolk Island related issues or on federally funded projects on Norfolk Island as requested; and
- responding to representations from the public concerning federal and territory matters where appropriate.
As the Federal Government's on-Island representative the Administrator and his or her Office staff also provide a range of services to Norfolk Island residents and visitors on behalf of various Federal Departments and agencies. This includes advice and assistance on matters such as federal immigration requirements Australian citizenship passports taxation electoral enrolments veterans' affairs entitlements Medicare and other social security benefits.
The third element of the Administrator's role is to exercise statutory functions conferred on his or her Office by Norfolk Island laws by the Norfolk Island Act 1979 and by other federal laws (such as federal immigration citizenship and environmental laws). Norfolk Island laws confer various powers and functions on the Administrator in a number of areas such as education immigration quarantine customs social services and the management of Crown land on the island.
Exercise of the Administrator's power and functions
Although the Norfolk Island Act 1979 (Cth) states that it is the Administrator who is to administer the Government of Norfolk Island section 7 of that Act makes provision as to the manner in which the Administrator is to exercise his or her powers and functions. That is the Administrator is to exercise such powers and functions in accordance with the tenor of his or her Commission and the following:
In relation to those matters specified in Schedule 2 of the Act the Administrator is to act in accordance with the advice of his or her Norfolk Island Ministers in Executive Council.
In relation to those matters which are specified in Schedule 3 of the Act the Administrator is to act in accordance with the Norfolk Island Executive Council's advice if that advice is consistent with any instructions given by the Federal Minister responsible for the administration of the Norfolk Island Act. The Administrator must abide by instructions issued by the Federal Minister in respect of matters specified in Schedule 3 of the Act.
In relation to matters concerning issues or subjects not specified in the Act or in a Schedule to the Act the Administrator is to act in accordance with the instructions if any given by the Minister.
Section 11 of the Act provides that the Norfolk Island Executive Council may advise the Administrator on all matters relating to the Government of the Territory. In practice therefore the Administrator relies on advice provided by the members of the Norfolk Island Executive Council on such matters in the absence of any contrary instructions from the Federal Minister.
Administrator's responsibilities in the Legislative Process
Section 21 of the Norfolk Island Act 1979 (Cth) provides that every proposed law passed by the Norfolk Island Legislative Assembly shall be presented to the Administrator for assent.
The Act provides that in respect of proposed laws that make provision only for or in relation to matters specified in Schedule 2 or Schedule 3 of the Act or both the Administrator may assent to the proposed law withhold assent or return to the Legislative Assembly with recommended amendments. In doing so the Administrator must act on the advice of the Executive Council in respect of proposed laws that make provision only for or in relation to matters specified in Schedule 2 of the Act. In the case of proposed laws that make provision only for or in relation to matters specified in Schedule 3 of the Act or in both Schedules 2 and 3 of the Act the Administrator must refer the proposed law to the Federal Minister for instructions.
In the case of a proposed law dealing with a subject matter not specified in either Schedule 2 or Schedule 3 of the Act the Administrator is required to reserve the proposed law for the Governor-General pleasure. The Governor-General may then assent to the proposed law withhold assent or return it to the Legislative Assembly with recommended amendments.
Referral to the Federal Minister or Governor-General and the subsequent inter-governmental consultation on referred proposed laws is a means of ensuring that Federal Government laws policies or programs applicable to Norfolk Island do not conflict with Territory laws and that proposed Norfolk Island laws do not conflict with national obligations under international law.
Responsibilities of the Administrator in Executive Council
The requirement for the Administrator in Executive Council to act on ministerial advice does not mean that the Administrator must blindly follow that advice. The principles of responsible government and the rule of law impose an obligation on the Administrator to satisfy himself or herself as to the legality or propriety of the recommended action - that the processes followed and actions to be taken are lawful or within power. In this context the Administrator's position is analogous to that of the Governor-General - of whom it has been said:
[The Governor-General] has the responsibility to weigh and evaluate the advice and has the opportunity of discussion with his advisers. It would be precipitate and probably out of keeping with the nature of his office for him to reject advice outright but he is under no compulsion to accept it unquestioningly. He has a responsibility for seeing that the system works as required by the law and conventions of the Constitution. He can himself question a conclusion seek to know the reason for it draw attention to relevant considerations to ensure that they are taken into account and satisfy himself that the proposal represents the single mind of his advisers but he himself while influencing the outcome of discussions in this way needs to be careful not to be an advocate of any partisan cause. In doing this he has two dominant interests - the stability of government (no matter from which political party it may be drawn) and regard for the total and non-partisan overall interests of the people and the nation.[1]
In this way the Administrator performs an equally important role in Norfolk Island's system of responsible government.
Role of Official Secretary / Deputy Administrator
The Official Secretary is an executive level position within the Australian Government Attorney-General's Department (AGD). The role of the Official Secretary is to advise and assist with the discharge of the Administrator's powers and functions under the Norfolk Island Act 1979 and to provide on-island representation for AGD and assist with liaison between Commonwealth agencies and local residents and visitors.
By convention the Official Secretary also holds the commission of Deputy Administrator who performs the functions of the Administrator when there is a vacancy or the Administrator is absent from the Territory or unable to perform his or her duties.
1Sir Paul Hasluck The Office of the Governor-General (originally given as The William Queale Memorial Lecture Adelaide 1972) Melbourne University Press Carlton 1979 .