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22 October 2024
Dear Norfolk Island Residents,
This week marks one year since we began our work with the Norfolk Island Governance Committee (NIGC) in
designing a new, bespoke democratic governance model for Norfolk Island. We are pleased to provide the following
update on our progress.
DISCUSSIONS ON ACHIEVING A CONSENSUS GOVERNANCE MODEL (MAY 2024 TO PRESENT)
The NIGC has reached consensus on several key elements to be included in the new Norfolk Island Act, including:
¢ The Preamble
¢ The name of the new governing body: the Norfolk Island Assembly (NIA)
¢ The constitution, law-making authority for the peace, order and good government of Norfolk Island,
membership, responsibilities, and powers of the NIA
¢ Dissolution arrangements
¢ The establishment of a new administration (public service) and public account
¢ A continuation of the current judicial arrangements
Apart from the Preamble, the community has not yet had the opportunity to review or comment on the NIGC’s
consensus recommendations. The NIGC is currently working to build consensus in the following areas:
¢ The remaining elements of the new Norfolk Island Act, including NIA integrity and oversight, management and
use of Crown land, and the description of the Territory
¢ A sustainable revenue model, including a schedule outlining which government entity will have funding,
service delivery, and administrative responsibility for each service provided to the community
¢ Future communication and cooperation arrangements between the NIA and the Australian Government
¢ A plan to ensure a seamless transition to the new governance model
COMMUNITY FEEDBACK AND PROPOSED SOLUTIONS BY THE LOCAL REPRESENTATIVES OF THE NIGC
Members of the community who have engaged with the process have made it clear that addressing the following key
concerns is essential to building a governance model that reflects their views and has their support:
Define the nature of Norfolk Island’s relationship with Australia: Most stakeholders and decision-makers do not
fully understand the legal relationship between Norfolk Island and Australia, and this was reflected in the JSCNCET
Restoring Democracy report. Clarifying this is essential for ensuring certainty, stability and a secure democratic future
for Norfolk Island. The NIGC is responsible for defining this relationship as part of its Terms of Reference.
Solution:
¢ Engage a group of independent legal experts, chosen by Norfolk Island, together with Australian Government
lawyers to help define and clarify this unique relationship.
¢ Use this definition as the foundation for the new governance model and future relationship, and as the basis
for an education program for all stakeholders and key decision-makers.
Informed Consent: Concerns persist that the Australian Government may impose another governance model without
community support. While the majority view is that a referendum is the only way to confirm community support for
the new governance model, the Australian Government’s position is that the new model will be tested through
engagement with the NIGC.
Solution:
¢ Ensure transparent decision-making and meaningful community participation by adhering to the NIGC Terms
of Reference and the agreed recommendations of the JSCNCET Restoring Democracy report.
¢ Ensure the community has the opportunity to review and comment on the NIGC’s consensus
recommendations before any decisions are made by the Australian Parliament.
¢ The Australian Government and Parliament acknowledge Norfolk Island’s status as a non-self-governing
territory, leading to a future referendum to formally decolonise Norfolk Island.
Application of Commonwealth Acts: The JSCNCET Restoring Democracy report acknowledges what we have heard
directly from the community – namely, that some Commonwealth Acts affect Norfolk Island differently, and what
works for Australia may not necessarily work for Norfolk Island.
Solution: The Australian Government should facilitate a review of the Commonwealth Acts imposed on Norfolk Island
in 2015. The new governance model should include mechanisms for community input to ensure that any new
Commonwealth Acts extended to the island are fit for purpose and will deliver positive outcomes.
Sustainable Population: Immigration and population control remain critical issues raised in every community
meeting.
Solution: That the new model includes an effective mechanism to ensure a sustainable population on Norfolk Island.
A Bespoke Governance Model: The NIGC has yet to reach a consensus on how Norfolk Island can best work in
partnership with Australia.
Solution: The Australian Government should be encouraged to acknowledge the community’s strong desire for a
relationship with Australia similar to the relationship New Zealand has with the Cook Islands or Great Britain has with
the Falkland Islands.
We are available to meet with all Norfolk Island residents, whether at our weekly Wednesday public meetings at the
Supper Room (Rawson Hall) or through private individual discussions. Please contact us at
NIGCcommunityreps@gmail.com or Chris Magri 50367, Alma Davidson 50486 or Chelsea Evans 50432
We remain confident that the NIGC will deliver on its commitment to design a new, bespoke, genuinely democratic
governance model for Norfolk Island. We thank the Hon. Kristy McBain MP for her ongoing support and our NIGC
colleagues for the positive progress made to date.
Chris Magri, Alma Davidson, and Chelsea Evans