This page provides general information about the governance and administration arrangements for the Territory of Christmas Island (Christmas Island).
Legal framework
Christmas Island is an external territory of Australia. The Australian Government has the power to make laws for the government of any territory, including Christmas Island, under section 122 of the Australian Constitution.
The Territory of Christmas Island has no state-level of government, which means the Australian Government is responsible for the provision of state-type laws and services to the Territory.
The Territory is administered by the Australian Government currently through the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department). The Minister for Territories (the Minister) exercises ministerial powers and responsibilities in respect of Christmas Island as well as the Cocos (Keeling) Islands.
An Administrator, appointed by the Commonwealth Governor-General, represents the Minister on Christmas Island and the Territory of Cocos (Keeling) Islands and acts in accordance with Ministerial instructions.
All Australian Government laws and regulations apply to Christmas Island, except to the extent its application is explicitly excluded.
The Christmas Island Act 1958 (Cth) provides the legislative basis for the Territory's administrative, legislative and judicial system, including:
- applying Western Australian laws on Christmas Island, including the Local Government Act 1995 (WA)(CI)
- empowering the Commonwealth Governor-General to make Ordinances for the peace, order and good government of Christmas Island.
- Ordinances created under the Christmas Island Act allow for the laws of Christmas Island to reflect Commonwealth policy, governance and legislative arrangements.
- For example, Ordinances may be made to amend, repeal or suspend any applied Western Australian laws where they are not suitable for application to Christmas Island or are not consistent with Australian Government policy
- giving the Minister all state-level ministerial and administrative powers under applied Western Australian laws, as well as the power to vest or delegate these powers
- automatically vesting administrative powers in Western Australian officials where there is a service delivery arrangement between the Australian Government and Western Australian Government
Voting and elections
For the purposes of enrolment and voting in federal elections and referendums, Christmas Island is an electoral district of the Commonwealth Division of Lingiari in the Northern Territory.
Historical Background
In 1900, Christmas Island was incorporated in the British crown colony of the Straits Settlements with its capital at Singapore. From March 1942 until the end of the Second World War (WWII) in 1945, Japanese forces occupied the island. After WWII Christmas Island came under the jurisdiction of the new British Colony of Singapore. It existed as a separate Crown colony, until its transfer to Australia on 1 October 1958. The Singapore administration was paid UK£2.9 million in compensation for lost revenue as part of this transfer process.
The day of Christmas Island's transfer to Australia in 1958 is celebrated each year on the first Monday in October as Territory Day.
Until 1992, the laws of Christmas Island remained largely based on the laws of colonial Singapore. The Territories Law Reform Act 1992 (Cth) amended the Christmas Island Act to introduce a modern body of Australian law to Christmas Island, including provisions to enliven the application of most Commonwealth laws and regulations and to apply Western Australian laws to the Territory. This was a major step in extending its residents the same rights, responsibilities and obligations as those enjoyed by their fellow Australians.
Administration
Australian Government Services
Australian government services such as quarantine, customs, social security payments and the pharmaceutical benefits scheme are provided to Christmas Island in the same manner as on mainland Australia. Those services are the responsibility of the relevant Australian Government agencies.
State-type services
State-type services are provided through
- Service Delivery Arrangements between the Australian Government and Western Australian State Government agencies
- direct administration by the department
- contractual arrangements with other organisations
Through the Indian Ocean Territories Administration, the department delivers services such as:
- electricity to the Island through the Indian Ocean Territories Power Service
- medical services through the Indian Ocean Territories Health Service (IOTHS)
- staff and public housing
- airport management (under contract to Toll Remote Logistics)
- port operations (under contract to Linx Stevedoring)
- Motor Vehicle Registry
The IOTHS provides a comprehensive range of medical, nursing and ancillary health services from the Christmas Island hospital. Like many other remote locations on the mainland, specialist services are not always available on Christmas Island. Health specialists visit Christmas Island to provide services in orthopaedics, obstetrics and gynaecology, paediatrics, ear nose and throat, ophthalmology, radiology and women's health.
Christmas Island residents and visitors may need to travel to Perth for services or health emergencies which are beyond the capacity of local resources.
The Australian Federal Police (AFP) provides community policing services to Christmas Island. In addition to normal police functions, the AFP carries out other duties such as immigration, processing aircraft, visiting ships and yachts, and coordinating emergency operations.
Local government services
The Shire of Christmas Island is responsible for the provision of local government services to the islands under the Local Government Act 1995 (WA)(CI). It provides council services, such as waste management, town/building planning, rates and animal control.