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Norfolk Island Government Tourist Bureau (Amendment) Bill 2010

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Norfolk Island Government Tourist Bureau (Amendment) Bill 2010

    Norfolk Island Government Tourist Bureau (Amendment) Bill 2010

    Explanatory Memorandum

    The intent of this Bill is to change the organisation structure of the Norfolk Island Government Tourist Bureau as established under the Norfolk Island Government Tourist

    Bureau Act 1980. The revised structure will resemble that established for the Norfolk Island Hospital Enterprise under the Norfolk Island Hospital Act 1985. To that end the Norfolk

    Island Government Tourist Bureau will retain its name and corporate identity but the powers (including employment) of the Bureau and day to day management of Bureau activities will be exercised by a general manager. There will be an Advisory Board, of 5 persons nominated by the executive member in accordance with a resolution of the Legislative Assembly (two of whom may be nominated by a recognised association). These members will hold office for 3 years and may be re-appointed. The executive member will appoint the chairperson. The general manager will be appointed by the executive member on the recommendation of the Advisory Board. The NIGTB Advisory Board will act in relation to the Bureau in the same way as does the Hospital Advisory Board to the Hospital Enterprise. The Advisory Board will be a source of advice on strategy and direction regarding the Bureau and development of the tourism industry.

    Clauses 1-3 of the Bill provide the usual short title, commencement and cross reference to the principal Act being amended.

    Clause 4 adopts a schedule that sets out the various amendments to be made to the principal Act.

    Clause 5 makes some consequential amendments to the Public Sector Management Act by

    changing a section reference in the definition of a “public sector employee” to conform with the changes by the Bill and also takes the opportunity to correct, in the same definition, an incorrect section reference in the Norfolk Island Hospital Act.

    The Schedule sets out the changes made by clause 4.

    Item 1 inserts into the principal Act a definition of “Advisory Board” and „member”

     Item 2 permits the Tourist Bureau to use the name “Norfolk Island Tourism” as a

    business name without registration under the Business Names Act while making it

    clear that the use of the name does not have any effect upon the powers rights and

    responsibilities of the Bureau

    Item 3 repeals section 4 of the principal Act and substitutes a new section 4 as

    follows?

     Section 4 establishes the Norfolk Island Government Tourist Bureau Advisory

    Board (abbreviated as the “Advisory Board”). This provides that the Advisory

    Board has 5 members appointed by the executive member on the advice of the

    Legislative Assembly; that the general manager, employees of the Bureau, and

    executive members cannot be members; that the Advisory Board can still act if

    there is a vacancy in membership; that members hold office for 3 years and is

    eligible to be re-appointed; and that if a vacancy occurs for any reason the

    vacancy must be filled for the remainder of the term of the person being

    replaced in accordance with a resolution of the Legislative Assembly.

     Item 4 alters the number of members who may be nominated by a recognised

    association to 2 (at present 1 or 2), and replaces a reference to the “Bureau” to

    the “Advisory Board”.

    Item 5 repeals sections 6,7,8, and 9 of the principal Act and substitutes new sections

    as follows?

    Section 6 empowers the executive member to appoint delegates (previously “deputies”) to act for a member who is absent from a meeting or unable to discharge official duties or when the member for whom the delegate has been appointed has ceased to be a member.

     Section 6A provides for the chairperson to be appointed by the executive member and sets out the powers of the chairperson. It is made clear that the chairperson has no executive powers (meaning that he or she cannot act on behalf of or bind the Bureau in any way) but is responsible for the conduct of meetings, acting as a conduit between the Advisory Board and the executive member and for the issue of reports of the Bureau. A member appointed by the executive member (other than a member who is a member of the Legislative Assembly) to be Deputy Chairperson may exercise the powers of the Chairperson.

     Section 7 provides for members to resign or for a member or delegate to be removed by the executive member for misbehaviour or incapacity. Section 8 provides for meetings of the Advisory Board as determined by the Chairperson or upon request from the executive member or the other 2 members of the Board. Three members of the Advisory Board constitute a quorum and decisions must be by majority. The chairperson has no casting vote. The Advisory Board must keep minutes of its meetings and may determine its own procedures.

     Section 9 provides for the appointment by the executive member, upon the recommendation of the Advisory Board, of a general manager of the Bureau and upon such terms and conditions, not otherwise provided for in the Act, as determined by the executive member upon the Advisory Board‟s

    recommendation

     New section 9A provides for the means of resignation by the general manager which must be in writing signed by the general manager and takes effect upon the day it is delivered to the executive member or the day nominated by the resignation.

     New section 9B provides for termination of the employment of the general manager for cause by the executive member in consultation with the Advisory Board but goes on to provide that the executive member is required to terminate the employment of the general manager for the matters specified in subsection (2) insolvency, absence from duty or engagement in unauthorised paid employment (as set out therein). .

     Section 9C sets out the duties of the general manager. He or she has the day to day management and control of the business of the Bureau: confidentiality in relation to matters set out in subsection (1) and requires that he or she keep the Advisory Board informed about the operations of the Bureau and provide a report every 3 months to the executive member.

    Section 9D sets out the powers that may be exercised by the general manager in carrying out his or her duties. These are things necessary or convenient in connection with or incidental to the performance of the Bureau‟s powers and functions (which means that he or she cannot do anything that the Bureau is not competent to do lawfully). The various powers that may be exercised are those of the Bureau set out in section 11 of the principal Act; the employment of officers and staff for the Bureau and their duties and responsibilities and in

    making any such appointments the general manager must conform to Human

    Resource Policies adopted by the Bureau.

    Section 9E authorises the general manager to appoint a deputy general

    manager with the approval of the Advisory Board and the deputy may act in

    the office of the general manager if the executive member has not on the

    advice of the Advisory Board appointed an acting general manager. Item 6 inserts several new sections setting out the principles to be adhered to by the

    Bureau, the functions and powers of the Advisory Board and a requirement on

    the Board to provide reports, as follows?

     Section 11A sets out the broad principles to be complied with by the Bureau

    as a corporate entity, These generally reflect the principles applicable to the

    Norfolk Island Hospital and have particular reference to the development of

    the tourist industry, the preservation of the ecology of the Island and

    recognition that the place of the Island as a home for its residents is of

    paramount importance.

     Section 11B sets out the functions and powers of the Advisory Board that are

    also reflective of the functions and powers of the Hospital Advisory Board and

    in particular are to provide advice to the executive member and guidance to

    the general manager in his or her day to day management of the Bureau in

    accordance with government guidelines.

     Section 11C requires the Advisory Board to provide the executive member

    with an annual report (each financial year) for presentation to the Legislative

    Assembly and such other reports as may be required

    Item 7 repeals section 12 of the principal Act which provides for the employment of

    persons by the Bureau (to be replaced by the provisions of the new section 9D

    empowering the general manager to employ staff).

    Item 8 inserts an additional power (in subsection 15(1)) for the executive member to

    give directions to the Bureau concerning the financial and accounting

    procedures of the bureau.

    Item 9 inserts a new section 15A to empower the executive member to notify the

    Bureau of general policies of government that are to apply to the Bureau.

September 20, 2010

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