Norfolk's dilemma

A local businessman recently wrote about the Norfolk Island Government's apparent lack of capacity to govern and the need for Commownwealth intervention.

As life becomes more and more difficult particularly for the private sector and ultimately for the Public Service, and for those dependent on both, the expectation of the community that the Norfolk Island Government needs to make some demonstrable progress in its dealings with the Commonwealth, grows.

This is particularly the case on matters which can provide a much needed economic boost, with immigration settings to encourage population growth and a realistic program of public works being two examples of this.

Many in the private sector believe that only when the NIG can't pay its own staff, and itself, will it fully embrace the seriousness of the situation. 

Some have sought the removal of the Norfolk Island Government and the installation of a financial Adminstrator. Minister Crean has in the past stated that the community primarily needs to work to achieve change through its own elected government.

But what options are available if this fails.

Under the provisions of the Territories Law Reform Act 2010  it is possible to dissolve the Legislative Assembly if certain conditions exist.

Section 39 of the Territories Law Reform Act states;

39AC Dissolution of Legislative Assembly by the Governor-General

(1)     If, in the opinion of the Governor-General, the Legislative
         Assembly:

        (a) is incapable of effectively performing its functions; or

        (b) is conducting its affairs in a grossly improper manner;

the Governor-General may dissolve the Legislative Assembly.

The Act does not provide for an Administrator to be put in in place of the government,  merely for a new election to be called and such action begs the question; what could a new Assembly do that its predecessor couldn't?

The obvious answer is - maybe nothing,  that is assuming that the current Government/Assembly is;

• doing all that is possible in its negotiations with the Commonwealth;
• actively working in the best interests of all in seeking solutions to our problems
• fully recognising and acknowledging the urgency of the situation facing the community and utilising its human and other physical resources at peak efficiency

If the NIG fails any of the above above tests then it is reasonable to conclude that it is incapable of governing effectively either because it is oblivious to Norfolk's situation or lacks the will or the necessary competence to do the job. Then there is the matter of a serious shortfall in funding.

The community also has to consider that a new election may result in the same line up being returned and nothing would have been achieved.

This is Norfolk's dilemma, a dilemma which can't be solved by the community no matter how many votes of no-confidence are passed by this organisation or that, or how many petitions are gathered or how many letters are written.

 It also seems unlikely that the Commonwealth would act to initiate a dissolution of the Assembly.

The real power to act rests with the Assembly itself. It can force change, it can change the Chief Minister if it chooses or it can bring pressure to bear on the Chief Minister to make changes in his Executive.

If the Assembly believes that the NIG is performing well, they could choose to sit on their hands and maybe the Commonwealth, watching from the sidelines, will do the same. Either way the difficult times will continue and all we can do as a community is wait and see what happens.