Schedule 1—Suspension
1 Suspension
(1) The operation of the legislation of Queensland, other than an Act specified in the following table or legislation made under such an Act, is suspended in the Territory until the end of 31 December 2026.
Legislation of Queensland that has not been suspended |
Name of Act |
Acts Interpretation Act 1954 Education (General Provisions) Act 2006 Education (Queensland College of Teachers) Act 2005 Education (Queensland Curriculum and Assessment Authority) Act 2014 Further Education and Training Act 2014 Hospital and Health Boards Act 2011 Industrial Relations Act 2016 Public Health Act 2005 Public Sector Ethics Act 1994 Public Service Act 2008 |
Statutory Instruments Act 1992 Superannuation (State Public Sector) Act 1990 Workers’ Compensation and Rehabilitation Act 2003 Work Health and Safety Act 2011 |
(2) Subitem (1) applies to legislation of Queensland whether the legislation is in operation on the day this item commences or whether it comes into operation after that day.
(3) An applied industrial relations law applies in the Territory only in relation to the following:
(a) an officer or employee of Queensland;
(b) an authority of Queensland;
(c) an officer or employee of an authority of Queensland;
and only to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.
(4) In addition to the application provided for in subitem (3), the Industrial Relations Act 2016 (Qld) applies in the Territory to the extent necessary to give effect to the provisions of Part 2 of Chapter 6 of the Further Education and Training Act 2014 (Qld) as it applies in the Territory from time to time.
Note: That Part provides for decisions to be appealed to the industrial relations commission and the industrial court.
2 References to suspended law in law that is not suspended
The suspension of the operation of a law of Queensland in the Territory by this Schedule does not affect any reference to that law in:
(a) a provision of a law of Queensland the operation of which is not suspended in the Territory; or
(b) subject to any contrary intention in the service delivery rule—a provision of a law of Queensland applied, adopted or incorporated by a service delivery rule.
Schedule 2—Amendment of the Acts Interpretation Act 1954 (Qld)
Acts Interpretation Act 1954 (Qld)
1 At the end of section 5
Add “in each of its capacities”.
1A At the end of Part 4
Add:
14K Queensland Acts
(1) A reference in this Act, an applied law or an adopted law to the short title of an Act followed by “(Qld)” is a reference to the Act as in force in Queensland from time to time.
(2) A reference in this Act, an applied law or an adopted law to the short title of an Act followed by “(Qld)(NI)” is a reference to the Act as in force in the Territory of Norfolk Island from time to time.
(3) A reference in this Act, an applied law or an adopted law to the short title of a Queensland Act (other than a Queensland Act the operation of which is suspended in the Territory) is taken to be a reference to the Act as in force in the Territory of Norfolk Island from time to time.
14L Queensland instruments
(1) A reference in this Act, an applied law or an adopted law to an instrument followed by “(Qld)” is a reference to the instrument as in force in Queensland from time to time.
(2) A reference in this Act, an applied law or an adopted law to an instrument followed by “(Qld) (NI)” is a reference to the instrument as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act.
1AB At the end of Part 7
Add:
22D Modification of prerequisites for Norfolk Island Minister to take action
(1) This section applies if:
(a) an applied law or an adopted law is expressed (ignoring section 18B of the Norfolk Island Act) to make:
(i) a recommendation (however described) about a matter; or
(ii) an approval (however described) of a matter;
by a Minister or an authority established or appointed by or under an applied law, an adopted law or a law of Queensland a prerequisite for a person to exercise a function; and
(b) the Norfolk Island Minister has that function because of section 18B of the Norfolk Island Act.
(2) The Norfolk Island Minister may exercise the function without receiving or following the Minister’s or authority’s recommendation about the matter or approval of the matter.
(3) This section applies to a person in whom a power is vested, or to whom a power is delegated, under paragraph 18B(3)(a) or (b) of the Norfolk Island Act, in the same way that applies to the Norfolk Island Minister:
22E Norfolk Island Minister not required to interact with himself or herself
(1) The Norfolk Island Minister need not comply with a requirement that:
(a) is imposed on the Norfolk Island Minister by an applied law or an adopted law (as affected by section 18B of the Norfolk Island Act or otherwise); and
(b) because of section 18B of the Norfolk Island Act, is a requirement for the Norfolk Island Minister to do something in relation to the Norfolk Island Minister:
(i) before taking another action; or
(ii) in the process of taking another action; or
(iii) after taking another action.
Note: Some examples of a requirement to which this section applies are if an applied law or an adopted law (ignoring section 18B of the Norfolk Island Act) says:
(a) the Governor may do something on the advice of a Minister; or
(b) an authority must give the Minister notice of a decision or action the authority has taken.
(2) To avoid doubt, if the Norfolk Island Minister takes the other action, its validity is not affected merely because the Norfolk Island Minister did not or does not comply with the requirement.
(3) This section applies to a person in whom a power is vested, or to whom a power is delegated, under paragraph 18B(3)(a) or (b) of the Norfolk Island Act, in the same way that applies to the Norfolk Island Minister:
22F Special rules relating to the Parliament
Requirements relating to the Parliament that need not be complied with
(1) A person or body need not comply with a requirement imposed by an applied law or an adopted law on the person or body to do either of the following:
(a) give (however described) a thing to the Parliament, a committee of the Parliament or an officer or member of the Parliament;
(b) act consistently (however described) with a resolution or recommendation of the Parliament.
Failure to comply with the requirement does not affect the validity of any act.
Note 1: Applied laws or adopted laws may use various verbs to express requirements to give something to the Parliament, a committee of the Parliament, or an officer or member of the Parliament. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.
Note 2: Applied laws or adopted laws may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Parliament. For example, applied laws or adopted laws may refer to a person or body doing something in accordance with a resolution of the Parliament, on the recommendation of the Parliament or on an address from the Parliament.
Acts valid despite absence of action relating to the Parliament
(2) Despite an applied law or an adopted law providing for a thing to be done by or in relation to the Parliament:
(a) before a function can be exercised by an authority other than the Parliament; or
(b) in connection with the exercise of a function, by such an authority;
the function may be exercised by the authority even though that thing has not been done, or is not done, by or in relation to the Parliament.
2 After section 26
Insert:
26A Statutory bodies
If an applied law or adopted law establishes or requires the establishment or appointment of:
(a) a committee; or
(b) a board; or
(c) a registrar; or
(d) any other statutory body;
then the law is not taken to establish, or require the establishment or appointment of, the same kind of body in the Territory of Norfolk Island.
2A After section 32DA
Insert:
32DAA References to Norfolk Island to be implied in references to persons or things etc
In an applied law or an adopted law, to the extent that the context permits:
(a) a reference to a person in or of Queensland is to be read as if it were a reference to such a person in or of the Territory of Norfolk Island; and
(b) a reference to locality or other thing in or of Queensland is to be read as if it were a reference to such a locality or thing in or of the Territory of Norfolk Island.
3 At the end of Part 8
Add:
36A References to documents
If an applied law or adopted law requires or permits something to be done in accordance with, or having regard to, a document made, approved or published under, or for the purposes of, an applied law, adopted law or a law of Queensland, the reference to the document is taken to be a reference to:
(a) any such document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the time the thing is to be done (the relevant time); or
(b) if there is no document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the relevant time—the document made, approved or published under, or for the purposes of, the law as in force in Queensland, as the document is in force or exists at the relevant time.
3AA Section 39
Add at the end:
(4) In subsection (1):
(a) a reference to document includes a plaint, summons, writ, subpoena or other process issued out of a court or tribunal in accordance with an enactment or a rule of court; and
(b) a reference to:
(i) the address of the place of residence or business of a person; or
(ii) the head office, a registered office or a principal office of a body corporate;
includes, where that address is in Norfolk Island, a Post Office Box number registered in the name of, or of a business owned by, that person or in the name of that corporation.
3AAA Section 39A
Add at the end:
(4) Despite paragraph (1)(b), if:
(a) the address to which the letter is posted is a Post Office Box address in Norfolk Island; and
(b) the person to whom it is addressed is not present on Norfolk Island on or after the day following the date of posting;
service is not taken to have been effected until the day following the person’s return to Norfolk Island or such earlier day that that the document was in fact received by the person.
3A Subsection 44(1)
Omit “Justices Act 1886”, insert “Court of Petty Sessions Act 1960 (NI)”.
3B Section 49A
Before “If a provision”, insert (1)
3C At the end of section 49A
Add:
Courts—Norfolk Island
(2) In a matter arising under an applied law or an adopted law, jurisdiction is taken to be conferred on the following, to the extent permitted by the Commonwealth Constitution:
(a) if the Supreme Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island;
(b) if the District Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island;
(c) if the Magistrates Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island;
(d) if the Children’s Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island.
Tribunals—Norfolk Island
(3) A power or function conferred on the Queensland Civil and Administrative Tribunal under an applied law or an adopted law is taken to be, to the extent permitted by the Commonwealth Constitution:
(a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of the applied law or adopted law as in force in the Territory of Norfolk Island; and
(b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
(4) A reference in an applied law or an adopted law to a provision of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in relation to asking or applying for review, giving notice, extensions of time or any other matter, is to be read as if it were a reference to the corresponding provision of the Administrative Review Tribunal Act 1996 (NI).
3D After section 49A
Insert:
49B References to Norfolk Island to be implied in references to courts and tribunals etc
In an applied law or an adopted law, to the extent permitted by the Commonwealth Constitution:
(a) a reference to the Queensland Civil and Administrative Tribunal, QCAT or the Tribunal is to be read as if it were a reference to the Administrative Review Tribunal of Norfolk Island; and
(b) a reference to the Magistrates Court or the Children’s Court is to be read as if it were a reference to the Court of Petty Sessions of Norfolk Island; and
(c) a reference to the Supreme Court or the District Court is to be read as if it were a reference to the Supreme Court of Norfolk Island.
4 Section 52
Before “In every Act—”, insert “(1)”.
5 At the end of section 52
Add:
(2) A reference in an Act to the Crown, or to the Crown in right of Queensland, is to be read as if it were a reference to the Crown in right of the Commonwealth unless the context precludes that meaning.
5B After section 52A
Insert:
52AB References to apprenticeship or traineeship under Further Education and Training Act 2014
In an applied law or an adopted law (other than the Further Education and Training Act 2014 (Qld)(NI)), a reference to an apprenticeship, a traineeship, or a training or employment skills program under the Further Education and Training Act 2014 is to be read as if it included a reference to the following:
(a) a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011;
(b) an apprenticeship or traineeship (however described) conducted under an arrangement with the Norfolk Island Regional Council or any other body established for a public purpose under a law of the Territory of Norfolk Island.
52AC References to police force and police officers
(1) A reference in a provision of an applied law or an adopted law to a police force (other than a provision that vests a power in a police force to which subsection18B(5B) of the Norfolk Island Act 1979 applies) is taken to be a reference to the Australian Federal Police.
(2) A reference in a provision of an applied law or an adopted law to a police officer holding, occupying or exercising the powers of a particular kind of office or position (other than a provision that vests a power in a police officer to which subsection 18B(5B) of the Norfolk Island Act 1979 applies) is taken to be a reference to:
(a) a member of the Police Force of Norfolk Island holding, occupying or exercising the powers of a corresponding office or position; and
(b) a member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in Norfolk Island.
(3) To the extent that subsection (2) does not provide otherwise, a reference in an applied law or an adopted law to a police officer means a member of the Police Force of Norfolk Island or a member or special member of the Australian Federal Police.
52AD References to Health Practitioner Regulation National Law
In an applied law or an adopted law, a reference to the Health Practitioner Regulation National Law in force in Queensland is to be read as if it included a reference to the National Law within the meaning of the Health Practitioners Act 1983 (NI).
52AE Publication in Territory or Commonwealth Gazette
If an applied law or an adopted law requires or permits a person to publish an instrument or notice in the Gazette or the Government Gazette or in a newspaper circulating in the State (whatever the frequency of circulation) then the requirement is satisfied by, or the entitlement extends to publication of the instrument or notice in the Gazette, the Government Gazette, the Commonwealth Gazette or the Territory Gazette.
5C Before section 52B
Insert:
52AF Publication on websites
If an applied law or an adopted law requires or permits a person to publish something on the whole‑of‑government website, a department’s website or the website of another entity established for a public purpose by or under a law of Queensland, the requirement is satisfied by, or the entitlement extends to publication of the thing on the website of the Norfolk Island Department.
6 Schedule 1
Insert:
adopted law means a law of Queensland applied, adopted or incorporated by a legislative instrument made under the Norfolk Island Act, other than an applied law.
applied law means a law of Queensland as in force in the Territory of Norfolk Island under section 18A of the Norfolk Island Act.
6A Schedule 1 (definition of charge)
Repeal the definition, substitute:
charge, of an offence, means a charge in any form, including a charge on arrest, a charge by the court, a complaint and an indictment.
6B Schedule 1 (definitions of Childrens Court judge and Childrens Court magistrate)
Repeal the definitions, substitute:
Childrens Court judge means a magistrate.
Childrens Court magistrate means a magistrate.
6C Schedule 1
Insert:
Commonwealth Gazette means the Commonwealth of Australia Gazette.
6CA Schedule 1
Insert:
Commonwealth Government Printer includes any person printing for the Government.
6D Schedule 1 (definition of Consolidated Fund)
Repeal the definition, substitute:
Consolidated Fund means the Consolidated Revenue Fund referred to in section 81 of the Commonwealth Constitution.
6DA Schedule 1
Insert:
law of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the Territory of Norfolk Island.
6DB Schedule 1, definition of local government
Add at the end:
; or (c) the body declared to be the Norfolk Island Regional Council by the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth.
6DC Schedule 1, definition of local government area
Repeal the definition, substitute:
local government area means:
(a) a local government area under the Local Government Act 2009; or
(b) the area for which a body is declared to be the Norfolk Island Regional Council by the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth.
6E Schedule 1 (definition of magistrate)
Repeal the definition, substitute:
magistrate means a magistrate appointed under section 6 of the Court of Petty Sessions Act 1960 (NI).
6EA Schedule 1
Insert:
Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.
Norfolk Island Department means the Department of State of the Commonwealth responsible for the administration of the Norfolk Island Act.
Norfolk Island Minister means the Commonwealth Minister who administers the Norfolk Island Act.
6F Schedule 1 (definition of police officer)
Repeal the definition.
6G Schedule 1 (definition of public holiday)
Repeal the definition, substitute:
public holiday means a public holiday within the meaning of the Employment Act 1988 (NI).
6H Schedule 1
Insert:
Territory enactment means an enactment within the meaning of the Norfolk Island Act.
Territory Gazette means the Norfolk Island Government Gazette.
Territory of Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.
7 Schedule 1 (definition of the State)
Repeal the definition, substitute:
the State:
(a) when used in a geographical sense—means the Territory of Norfolk Island; and
(b) when used in any other sense—means the Territory of Norfolk Island unless the context precludes that meaning.
Schedule 3—Amendments of the Education (General Provisions) Act 2006 (Qld)
Education (General Provisions) Act 2006 (Qld)
1 Paragraph 10(5)(a)
Omit “guardianship of a child under the Child Protection Act 1999”, substitute “an order for the parental responsibility of a child under the Child Welfare Act 2009 (NI)”.
2 Paragraph 11(4)(d)
Repeal the paragraph.
3 Paragraph 11(4)(e)
Omit “Queensland”, substitute “the Territory of Norfolk Island”.
4 After subsection 12(2)
Insert
(3) This section applies to a student attending the Norfolk Island Central School for years 11 or 12 of schooling during the relevant school years as if a reference in this section to an educational program approved by the Minister were a reference to the syllabuses licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the senior secondary curriculum at the Norfolk Island Central School.
(4) In subsection (3):
relevant school years means the 2022 and 2023 school years and any subsequent school year in relation to which syllabuses are licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the curriculum at the Norfolk Island Central School.
5 Section 13
Before “The Minister”, insert “(1)”.
6 At the end of section 13
Add:
(2) The Norfolk Island Central School is taken to be a State school established by the Minister under subsection (1).
7 Part 3 of Chapter 2
Repeal the Part.
7A Section 47
Repeal the section.
8 Subsection 50(4)
Repeal the subsection.
9 Subsection 51(2)
Repeal the subsection.
10 After paragraph 53(1)(a)
Insert:
(ab) the person lives in the Territory of Norfolk Island; or
11 After section 61
insert:
61A Initial remaining allocation—transitional
(1) For each student who, immediately before the commencement day, is enrolled at the Norfolk Island Central School, the principal must decide the student’s initial remaining allocation.
(2) The principal must make the decision within 7 days after the start of term 1 of 2022.
(3) Subsections 62(2) and (4) apply to a decision made under this section.
(4) In this section:
commencement day means the day the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 commences.
(5) This section is repealed at the end of 1 January 2023.
12 Subsection 104(1)
Repeal the subsection, substitute:
(1) This section applies to a person who:
(a) stands for election as an elected member of a school council; or
(b) consents to be appointed as an appointed member of a school council (whether or not the council has decided to appoint the person.
(1A) The person must disclose the person’s criminal history, including whether a conviction has been recorded or not, in relation to offences that are the same as, or substantially the same as, the offences specified in item 5(2) of the table in section 9A of the Criminal Law (Rehabilitation of Offenders) Act 1986.
13 Section 105
Omit “a public authority under the Public Records Act 2002.”, substitute “taken to be an authority of the Commonwealth under the Archives Act 1983 of the Commonwealth.”.
14 Section 133
Repeal the section.
15 Section 135
Omit “Subject to the Auditor‑General Act 2009, the”, substitute “The”.
16 Section 145
Repeal the section.
17 At the end of Chapter 7
Add:
154A Parents and citizens association for Norfolk Island Central School
(1) This section applies to an association that, under section 117A of the Education Act 1990 (NSW) (NI), continued in existence after the commencement of Schedule 2 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 of the Commonwealth as if it were a parents and citizens association constituted under subsection 115 of the Education Act 1990 (NSW).
(2) The association continues in existence after the commencement day as if it were a parents and citizens association constituted under this Chapter.
(3) The rules of the association as in force immediately before the commencement day are, after the commencement day, taken to be the constitution of the association adopted by the association for subsection 131(2) and approved by the chief executive under subsection 131(3).
(4) To remove any doubt, rules of the association that are taken to be the constitution of the association under subsection (3) may be amended by the association in accordance with subsections 131(2) and (3).
(5) In this section:
commencement day means the day the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 commences.
18 Section 155A
Repeal the section.
19 Section 155B
Repeal the section.
20 Paragraph 156(1A)(a)
Omit “or non‑State school”.
20A Subsection 156(1)
Omit “(1A), (2) and (3), substitute “(1A) and (2)”.
20B Subsections 156(2A) and (3)
Repeal the subsections.
20C Division 3 of Part 1 of Chapter 8
Repeal the Division.
20D Parts 3 and 4 of Chapter 8
Repeal the Parts.
20E Chapter 8A
Repeal the Chapter.
21 Chapter 8B
Repeal the Chapter.
22 Section 176
Omit “or non‑State school” (wherever occurring).
23 Section 177
Omit “or non‑State school” (wherever occurring).
24 Section 178
Omit “or non‑State school” (wherever occurring).
25 Subsection 178(5)
Repeal the subsection, substitute:
(5) An authorised officer may ask a member of the police force for assistance to perform a function under this section and the member of the police force may give the authorised officer reasonable assistance as requested.
26 Division 2 of Part 1 of Chapter 9
Repeal the Division,
26A Section 182
Repeal the section.
26B Subsection 183(2)
Repeal the subsection, substitute:
(2) The chief executive may approve the arrangements only if:
(a) a teacher has prepared written assessments of:
(i) the student’s educational and other needs; and
(ii) the learning outcomes that the arrangements are intended to achieve; and
(iii) the suitability of each provider for the arrangements; and
(b) the chief executive has considered:
(i) the written assessments prepared under paragraph (a); and
(ii) how, and by whom, the student’s participation in the arrangements is to be monitored; and
(iii) how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and
(c) the chief executive is satisfied the arrangements are appropriate, having regard to:
(i) the student’s individual needs and circumstances; and
(ii) what the chief executive considers is most likely to achieve the best learning outcomes for the student; and
(iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full‑time participation in the school’s educational programs in the usual way; and
(iv) any other matter prescribed under a regulation.
(3) However, the chief executive must not approve the arrangements unless:
(a) if the student is of compulsory school age:
(i) a parent of the student has given written agreement to the arrangements; and
(ii) the chief executive has discussed the arrangements with the student to the extent the chief executive considers appropriate, having regard to the student’s age and other relevant circumstances; or
(b) if the student is in the compulsory participation phase:
(i) the student gives written agreement to the arrangements; and
(ii) the chief executive has discussed the arrangements with the student’s parents to the extent the chief executive considers is practicable and appropriate in the circumstances.
(4) Subsection (3)(a)(i) does not apply if the chief executive is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.
Example: It may be inappropriate to require a parent’s written agreement if the student is living independently of their parents.
(5) In this section:
provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.
student means a student who is of compulsory school age or in the compulsory participation phase.
27 Section 184 (definition of exemption)
Repeal the definition, substitute:
exemption means exemption from compliance from subsection 176(1).
28 Section 184 (definition of relevant decision‑maker)
Repeal the definition.
28A Subsection 185(3)
Repeal the subsection.
28B Section 185A
Repeal the section.
28C Subsection 186(1)
Repeal the subsection, substitute:
(1) A parent of a child may apply to the chief executive for an exemption for the child.
28D Subsection 186(2)
Omit “relevant decision‑maker”, substitute “chief executive”.
28E Section 187
Omit “relevant decision‑maker” (wherever occurring), substitute “chief executive”.
28F Subsection 188(1)
Omit “(1) For”, substitute “For”.
28G Subsection 188(2)
Repeal the subsection.
28H Sections 189 to 192
Omit “relevant decision‑maker” (wherever occurring), substitute “chief executive”.
28J Division 5 of Part 3 of Chapter 9
Repeal the Division.
29 Section 199
Repeal the section.
30 Section 200
Repeal the section, substitute:
200 Child’s exclusion or suspension
(1) Subsection 176(1) does not apply to a child who is excluded from a State school.
(2) Paragraph 176(1)(b) does not apply to a child who is suspended from a State school at which the child is enrolled while the child is suspended and the child’s access to an educational program under section 284, 294 or 301 has not been arranged.
(3) In this section:
suspended means suspended under Chapter 12, Part 3.
31 Subsection 201(1)
Omit “or non‑State school”.
32 Part 5 of Chapter 9
Repeal the Part.
33 Subsection 230(1)
Omit “State school or non‑State school,”, substitute “State school,”.
34 Subsection 232(1), table, column 1
Omit “an educational program provided under the Education (Accreditation of Non‑State Schools) Act 2017”.
35 Section 232(1), table, column 2
Omit “a non‑State school”.
36 Paragraph 235(b), example
Omit “or non‑State school”.
36A Subsection 241(5)
Repeal the subsection, substitute:
(5) An authorised officer may ask a member of the police force for assistance to perform a function under this section and the member of the police force may give the authorised officer reasonable assistance as requested.
37 Subsection 244(3)
Repeal the subsection.
38 Section 244A
Repeal the section,
39 Subsection 245(1)
Omit all the words after “apply to”, substitute “the chief executive for an exemption from the requirement that the young person participate in an eligible option.”
40 Sections 245(3) and (4)
Omit “relevant decision‑maker”, substitute “chief executive”.
41 Section 246
Omit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).
42 Section 247
Omit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).
43 Section 248
Omit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).
44 Section 249
Omit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).
45 Division 4 of Part 5 of Chapter 10
Repeal the Division.
46 Chapter 12, heading
Omit “and non‑State schools”.
46A Section 335, paragraph (c) of the definition of exempt person
Repeal the paragraph.
47 Section 335, paragraph (d) of the definition of exempt person
After “premises”, insert “or any other member of staff of the institution”.
48 Part 6 of Chapter 12
Repeal the Part.
49 Part 7 of Chapter 12, heading
Omit “and non‑State schools”.
50 Section 352, heading
Omit “and non‑State schools”.
51 Subsection 352(1)
Omit “and non‑State schools”.
52 Subsection 352(2)
Omit “or non‑State school”.
53 Section 355
Repeal the section, substitute:
355 Non‑application of Part 5 to particular persons
Part 5 does not apply to a person in relation to the exercise by the person of the person’s powers under an Act at the premises of a State instructional institution.
54 Section 359
Repeal the section.
55AA Section 364 (definition of director)
Repeal the definition.
55A Paragraph 365(1)(c)
Repeal the paragraph.
55B Paragraph 365A(1)(c)
Repeal the paragraph.
55 Sections 366, 366A and 366B
Repeal the sections.
57 Chapter 13
Repeal the Chapter.
61 Paragraph 386(1)(a)
Omit “or non‑State school”.
63 Part 3 of Chapter 14
Repeal the Part.
64 Paragraph 407(2)(a)
Omit “, or non‑State school’s,”.
65 Subsection 407(3)
Repeal the subsection,
66 Subsection 408(1)
Omit “the Justices Act 1886”, substitute “the Court of Petty Sessions Act 1960 (NI)”.
67 Parts 1 and 1A of Chapter 19
Repeal the Parts.
68 Section 420, heading
Omit “enrolled at non‑State school or”.
69 Subsection 420(1)
Repeal the subsection.
70 Subsection 420(2)
Omit “Also, subject to”, substitute “Subject to”.
71AA Subsection 420A(2)
Omit “(1) or”.
71A Section 421
Repeal the section.
72 Section 423, heading
Omit “or non‑State school’s governing body”.
73 Section 423
Omit “, or non‑State school’s governing body,” (wherever occurring).
74 Subsection 424(1)
Omit “, or non‑State school’s,”.
75 Subsection 425(1)
Omit “, or non‑State school’s,”.
76 Subsection 425A(4) (definition of financial information)
Repeal the definition,
77 Subsection 426(2)
Repeal the subsection.
78 Subsection 426(5) (definition of employee)
Omit “or relevant non‑State school”.
79 Subsection 426(5), paragraph (b) of the definition of employee
Omit “,or the relevant non‑State school’s governing body,”.
80 Subsection 426(5) (definition of relevant non‑State school)
Repeal the definition.
80A Section 429B
Repeal the section.
80B Paragraph 428(1)(c)
Repeal the paragraph.
81 Schedule 4
Insert
staff member, of a school, includes a member of the teaching staff and any other member of staff (whether an employee of Queensland or the Commonwealth).
82 Schedule 4 (definition of allowance acquittal details)
Repeal the definition.
83 Schedule 4 (definition of board)
Repeal the definition.
83A Schedule 4 (definition of catchment area)
Repeal the definition.
84 Schedule 4 (definition of chief executive (child safety))
Repeal the definition, substitute:
chief executive (child safety) means the child welfare officer appointed under the Child Welfare Act 2009 (NI).
84A Schedule 4 (definition of criminal history)
Repeal the definition.
85 Schedule 4, paragraph (b) of the definition of educational program
Repeal the paragraph.
85A Schedule 4 (definitions of effective enrolment eligibility plan and effective enrolment management plan)
Repeal the definitions.
85B Schedule 4 (definition of enrolment management plan)
Repeal the definition.
85C Schedule 4 (paragraph (b) of the definition of external program)
Omit “182 or”.
86 Schedule 4 (definition of financial data)
Repeal the definition.
87 Schedule 4 (definitions of non‑State school and non‑State school in receipt of a subsidy)
Repeal the definitions.
87A Schedule 4 (definition person with a disability)
Repeal the definition.
87B Schedule 4 (definition police commissioner)
Repeal the definition.
88 Schedule 4 (definition of prescribed non‑State school)
Repeal the definition.
89 Schedule 4 (definition of principal)
Repeal the definition.
89AA Schedule 4 (definition of relevant decision‑maker)
Repeal the definition, substitute:
relevant decision‑maker see section 245(1).
89A Schedule 4 (definition of relevant mature age student)
Repeal the definition.
90 Schedule 4 (definition of review body)
Repeal the definition.
91 Schedule 4 (definition of school in receipt of a subsidy)
Repeal the definition, substitute:
school in receipt of a subsidy means a State school.
92 Schedule 4 (definition of school of distance education)
Repeal the definition, substitute:
school of distance education means a State school providing distance education.
93 Schedule 4 (definitions of kindergarten age child and kindergarten learning program)
Repeal the definitions.
94 Schedule 4 (definitions of prescribed non‑State school and prescribed State school)
Repeal the definitions.
95 Schedule 4 (definition of serious offence)
Repeal the definition, substitute:
serious offence:
(a) has the same meaning as in section 15 of the Working with Children (Risk Management and Screening) Act (Qld); and
(b) without limiting paragraph 15(1)(g) of that Act, for an offence in a jurisdiction other than Queensland includes any offence that is the same, or substantially the same, as a serious offence mentioned in paragraph 15(1)(a) to (f) of that Act.
Schedule 4—Amendments of the Education (General Provisions) Regulation 2017 (Qld)
Education (General Provisions) Regulation 2017 (Qld)
1 Section 10 (definition of staff member)
Repeal the definition, substitute:
staff member, of a State school, means a person employed by the Department at the school and any other staff member at the school authorised by the Principal for the purpose of this Division.
1A Paragraph 12(3)(a)
Omit “under the Police Powers and Responsibilities Act 2000”.
1B Subsection 13(4)
Repeal the subsection.
1C Subsection 13(7)
Repeal the subsection.
1D Section 15
Repeal the section.
1E Subsections 17(1) and 18(1)
Omit “, or non‑State school,”.
2 Section 22(6) (definition of relevant authority)
Omit “department in which the Child Protection Act 1999 is administered”, substitute: “child welfare officer appointed under the Child Welfare Act 2009 (NI)”.
3 Sections 61 and 63
Repeal the sections.
Schedule 5—Amendments of the Education (Queensland College of Teachers) Act 2005 (Qld)
Education (Queensland College of Teachers) Act 2005 (Qld)
1AA Subsection 15B(1)
After “director of public prosecutions”, insert “of Queensland or the Director of Public Prosecutions of the Commonwealth (the relevant authority)”.
1AB Subsection 15B(3)
Omit “director of public prosecutions may comply with a request under subsection (1) if the director”, substitute “relevant authority may comply with a request under subsection (1) if the relevant authority”.
1AC Subsections 15B(4) and (5)
Omit “director of public prosecutions”, substitute “relevant authority”.
1AD Subsection 15B(5)
Omit “if the director”, substitute “if the relevant authority”.
1AE Subsection 15B(6)
Omit “director of public prosecutions”, substitute “relevant authority”.
1 Subsections 74(2) and (3)
Repeal the subsections.
1B Paragraph 75(1)(b)
After “commissioner of police”, insert “of Queensland or the Commissioner of Police of the Commonwealth (the relevant authority)”.
1C Subsections 75(2), (4), (5) and (8)
Omit “commissioner of police”, substitute “relevant authority”.
1D Subsection 75(9) (paragraph (a) of the definition of personal information)
Omit “commissioner of police”, substitute “relevant authority”.
1E Paragraph 80(1)(b)
Omit “or the director of public prosecutions”, substitute “of Queensland, the Commissioner of Police of the Commonwealth, the director of public prosecutions of Queensland or the Director of Public Prosecutions of the Commonwealth”.
1F Subsection 112(1)
Omit “or QCAT”, substitute “, or QCAT or the Administrative Review Tribunal of Norfolk Island (the relevant authority),”.
1G Subsection 112(2)
Omit “QCAT” (wherever occurring), substitute “the relevant authority”.
1H At the end of section 112
Add:
(4) Section 49B of the Acts Interpretation Act 1954 (Qld)(NI) does not apply to this section.
1J Subsection 286(1)
Omit “or the commissioner of police”, substitute “of Queensland or the Commissioner of Police of the Commonwealth (the relevant authority), or the relevant authority”.
2 After section 117
Insert:
117A Conduct of proceedings may use audio link etc
Practice and conduct proceedings may be conducted by using an audio link, an audio visual link, or another form of communication technology that the PC&TC Committee decides.
3 Sections 124 and 125
Repeal the sections, substitute:
124 Constitution of Administrative Review Tribunal for practice and conduct proceedings
(1) For practice and conduct proceedings under this Act, the Administrative Review Tribunal of Norfolk Island must be constituted by:
(a) the President or Deputy President of the Tribunal; and
(b) 2 other members of the Tribunal.
(2) If practicable, 1 of the members should be a registered teacher or have practical teaching experience.
125 Presiding member of Administrative Review Tribunal
For practice and conduct proceedings under this Act, the presiding member of the Administrative Review Tribunal of Norfolk Island is the President or Deputy President of the Tribunal.
4 Paragraph 181(b)
Repeal the paragraph, substitute:
(b) to attend before the investigator to answer the questions by—
(i) attending in person at a stated reasonable time and place; or
(ii) attending by audio link or audio visual link at a stated time; or
(c) to produce a stated thing to the investigator by—
(i) attending before the investigator at a stated reasonable time and place to produce the thing; or
(ii) producing the thing at or before a stated reasonable time in another stated way that does not involve physical attendance before the investigator.
Examples of ways a thing may be produced for subparagraph (c)(ii)—
1 by post
2 by email
5 Section 225
Omit “Justices Act 1886”, insert “Court of Petty Sessions Act 1960 (NI)”.
5A Paragraph 228(3)(b)
Omit “under the Criminal Code, Chapter 2,”, substitute “under Chapter 2.4 of the Criminal Code 2007 (NI),”.
5B Section 236
Repeal the section.
5C Subsection 287(5) (definition of relevant agency)
Repeal the definition, substitute:
relevant agency means:
(a) a department; or
(b) an interstate regulatory authority; or
(c) the Crime and Corruption Commission.
5D Schedule 1
Omit:
“236(5) college’s decision to refuse to approve a preservice teacher education program”.
6 Schedule 3
Insert:
audio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.
audio visual link means facilities, including closed‑circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.
7 Schedule 3 (definition of charge)
Repeal the definition, substitute:
charge, of an offence, means a charge in any form, including a charge on arrest, a charge by the court, a complaint and an indictment.
8 Schedule 3 (definition of indictable offence)
After “section 659”, insert “or the Criminal Code 2007 (NI), section 353”.
9 Schedule 3 (definition of serious offence)
Repeal the definition, substitute:
serious offence:
(a) has the same meaning as in section 15 of the Working with Children (Risk Management and Screening) Act (Qld); and
(b) without limiting paragraph 15(1)(g) of that Act, for an offence in a jurisdiction other than Queensland includes any offence that is the same, or substantially the same, as a serious offence mentioned in paragraph 15(1)(a) to (f) of that Act.
Schedule 6—Amendments of the Education (Queensland College of Teachers) Regulation 2016 (Qld)
Education (Queensland College of Teachers) Regulation 2016 (Qld)
1 Subsection 12(1)
Add at the end:
; (d) an educational program based on syllabuses licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the senior secondary curriculum at the Norfolk Island Central School in 2022 and 2023 or such other period as determined in the licensing agreement.
Schedule 7—Amendments of the Education (Queensland Curriculum and Assessment Authority) Regulation 2014 (Qld)
Education (Queensland Curriculum and Assessment Authority) Regulation 2014 (Qld)
1A Section 165
Repeal the section.
1B Item 9 of Schedule 1
Repeal the item.
1 Schedule 2 (definition of non‑Queensland studies)
Repeal the definition, substitute:
non‑Queensland studies:
(a) means studies for which the results of a person’s assessment are issued by an interstate or overseas school, or another entity operating in another State or a foreign country; but
(b) does not include studies for which the results of a person’s assessment are, after 1 January 2022, issued by a Norfolk Island school.
Schedule 7A—Amendments of the Further Education and Training Act 2014 (Qld)
Further Education and Training Act 2014 (Qld)
1 Paragraph 17(5)(d)
Repeal the paragraph.
2 Paragraph 17(5)(e)
Omit “an Act or law”, substitute “a law of the State”.
3 Subsections 17(7) and (11)
Repeal the subsections.
4 Paragraph 59(4)(d)
Omit “an Act of the State, another State or the Commonwealth”, substitute “a Territory enactment, an Act of Queensland (as in force in Queensland or as in force in the Territory of Norfolk Island), or an Act of another State or the Commonwealth”.
5 Chapters 3 and 4A
Repeal the Chapters.
6 Section 113 (paragraph (c) of the definition of place)
Repeal the paragraph, substitute:
(c) a place in waters within the Territory of Norfolk Island;
7 Paragraph 132(5)(b)
Omit “the court of the relevant Magistrates Court”, substitute “the Court of Petty Sessions of Norfolk Island”.
8 Subsection 132(8)
Repeal the subsection.
9 Subsections 150(1) and 152(1)
Omit “State”, substitute “Commonwealth”.
10 Subdivision 5 of Division 2 of Part 4 of Chapter 5 (heading)
Omit “State”, substitute “Commonwealth”.
11 Section 154 (heading)
Omit “State”, substitute “Commonwealth”.
12 Section 154
Omit “State” (wherever occurring), substitute “Commonwealth”.
13 Subsections 155(1) and 163(1)
Omit “State”, substitute “Commonwealth”.
14 Paragraphs 167(1)(a) to (d)
Repeal the paragraphs.
15 Section 178
Omit “Justices Act 1886”, substitute “Court of Petty Sessions Act 1960 (NI)”.
16 Subsection 188(2) (paragraph (b) of the definition of official)
Omit “inspector; or”, substitute “inspector.”.
17 Subsection 188(2) (paragraphs (c) and (d) of the definition of official)
Repeal the paragraphs.
18 Subsection 194(2)
Omit “State”, substitute “Commonwealth”.
19 Subsection 194(4) (paragraph (c) of the definition of prescribed person)
Repeal the paragraph.
20 Subsection 194(4) (subparagraphs (d)(v) and (vi) of the definition of prescribed person)
Repeal the subparagraphs.
21 Division 3 of Part 2 of Chapter 9
Repeal the Division.
22 Schedule 1 (subparagraph (c)(i) of the definition of information notice)
Omit “within 20 business days after the person receives the notice”.
Schedule 7B—Amendments of the Further Education and Training Regulation 2014 (Qld)
Further Education and Training Regulation 2014 (Qld)
1 Subsection 3(2) (example)
Repeal the example.
Schedule 8—Amendments of the Hospital and Health Boards Act 2011 (Qld)
Hospital and Health Boards Act 2011 (Qld)
1 After section 4
Insert:
4A Application of Act—Norfolk Island
(1) This Act applies in relation to the Territory of Norfolk Island subject to, and does not exclude or limit the operation of, the following Acts:
(a) the Health Services Act 1997 (NSW) (NI);
(b) the Public Health Act 2010 (NSW) (NI).
(2) To remove any doubt, until the Commonwealth Minister has, by legislative instrument, declared otherwise:
(a) NIHRACS does not, and is not taken to, provide a public sector health service within the meaning of this Act; and
(b) the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI)) is not, and is not taken to be, a public sector health service facility or a public sector hospital within the meaning of this Act.
2 Section 139
Before “In this Part”, insert “(1)”.
3 Section 139
Add at the end:
(2) A reference to a public sector health service in the definition of confidential information is, for the purposes of Subdivision 2 of Division 2 of this Part, taken to include a reference to a health service provided by or through NIHRACS.
4 Section 139A
Add at the end:
(3) For the purposes of Division 2 of this Part, a designated person includes:
(a) NIHRACS; and
(b) an employee of NIHRACS; and
(c) a person who was an employee of NIHRACS.
5 Schedule 2
Insert:
NIHRACS means the Norfolk Island Health and Residential Aged Care Service within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI).
Schedule 9—Amendments of the Industrial Relations Act 2016 (Qld)
Industrial Relations Act 2016 (Qld)
1 Section 115 (definition of show holiday)
Repeal the definition.
2 Schedule 5 (definition of public holiday)
Repeal the definition, substitute:
public holiday means a public holiday within the meaning of the Employment Act 1988 (NI).
3 Schedule 5 (definition of show holiday)
Repeal the definition.
Schedule 10—Amendments of the Public Health Act 2005 (Qld)
Public Health Act 2005 (Qld)
1 After section 5
Insert:
5A Modifications for Norfolk Island
(1) The provisions of this Act and laws made under this Act, other than the provisions referred to in subsection (2), do not apply in relation to the Territory of Norfolk Island.
(2) The following provisions apply in relation to the Territory of Norfolk Island:
(a) Part 3 of Chapter 2 of this Act;
(b) Part 3 of Chapter 3 of this Act;
(c) Chapter 8 (except Part 7B) of this Act;
(d) Chapter 9 of this Act;
(e) the other provisions of this Act so far as they relate to the provisions mentioned in paragraphs (a) to (d);
(f) the provisions of the Public Health Regulation 2018 so far as they relate to the provisions mentioned in paragraphs (a) to (e).
(3) To avoid any doubt, this Act and laws made under this Act (other than the provisions mentioned in subsection (2)) apply in relation to the Territory of Norfolk Island subject to, and do not exclude or limit the operation of, the following Acts:
(a) the Health Services Act 1997 (NSW) (NI);
(b) the Public Health Act 2010 (NSW) (NI).
2 Section 315 (definition of COVID‑19 emergency)
Omit the definition, substitute:
COVID‑19 emergency means any public health emergency declared for the Territory of Norfolk Island because of the coronavirus disease 2019 (Covid‑19) caused by the novel coronavirus SARS‑CoV‑2.
3 Subparagraph 322(b)(ii)
Omit “regulation”, substitute “declaration”.
4 Section 323
Repeal the section, substitute:
323 Extending declared public health emergency
(1) The Norfolk Island Minister may, by declaration, extend, or from time to time further extend, the period of a declared public health emergency.
(2) A declaration under this section commences on the day it is made.
(3) A declaration extending or further extending the period of a declared public health emergency:
(a) must state the period, of not more than 90 days, by which the declared public emergency is extended or further extended; and
(b) expires at the end of the stated period unless the declared public health emergency is sooner ended under section 324.
(4) Section 321 applies to a declaration made under this section as if the declaration were a public health emergency order.
5 Subsection 324(3)
Repeal the subsection.
6 Schedule 2, definition of health service employee
Omit the definition, substitute:
health service employee means:
(a) a person appointed as a health service employee under section 67 of the Hospital and Health Boards Act 2011; or
(b) an employee of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI)).
Schedule 11—Amendments of the Statutory Instruments Act 1992 (Qld)
Statutory Instruments Act 1992 (Qld)
1 At the end of section 14
Add:
(4) To the extent that it is amended by Schedule 2 to the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 of the Commonwealth, the Acts Interpretation Act 1954 (Qld) (NI) applies to a statutory instrument (whether or not the statutory instrument is an applied law or an adopted law) in the same way as it applies to an Act.
