Opinion No. 679
WHETHER RIGHT OF APPEAL PRESCRIBED BY TERRITORY LAW IS ABOLISHED BY COMMONWEALTH LEGISLATION PROVIDING FOR APPEAL TO HIGH COURT: WHETHER APPEAL TO HIGH COURT CAN BE TO SINGLE JUSTICE
JUDICIARY ACT 1903: NORFOLK ISLAND ACT 1913. ss. 4. 11: ADMINISTRATION LAW 1913 (N.I.). ss. 22-30
12 January 1916
The Secretary, Department of External Affairs
The Secretary, Department of External Affairs, has forwarded the following memorandum for advice:
May I invite your attention to section 11 of the Norfolk Island Act, No. 15 of 1913, and the Norfolk Island Administration Law, No. 2 of 1913, particularly to sections 22 to 30, and ask whether the effect of the Federal law is that the method of appeal prescribed by the Administration Law, i.e. to some person nominated by the Governor (Governor-General), is abolished, or whether it still remains so far as the form and conditions of appeals are concerned, but to the High Court.
2. Further does the 'High Court' in section 11 mean a single Justice or a Full Court.
The method of appeal prescribed by the Administration Law is to some person or persons nominated by the Governor. Since the passing of the Norfolk Island Act 1913 this power of nomination is, under section 4 of the Act, vested in the Governor-General.
Section 11 of the Norfolk Island Act provides (inter alia) that the High Court has jurisdiction, with such exceptions, and subject to such conditions as are prescribed by Ordinance made by the Governor-General, to hear and determine appeals from all judgments, decrees, orders and sentences of any Judge or of the Chief Magistrate acting judicially in Norfolk Island, and the judgment of the High Court is to be final and conclusive.
This section does not, in my opinion, abolish the system of appeal prescribed by the Administration Law, but merely gives a new right of appeal in respect of the judgments, decrees, orders and sentences of any Judge or of the Chief Magistrate acting judicially in Norfolk Island.
With regard to the second question raised in the Secretary's memorandum, in my opinion, by virtue of the Judiciary Act 1903-1915, the jurisdiction of the High Court under section 11 of the Norfolk Island Act 1913 could be exercised by a single Justice.
[Vol. 14, p. 202]