This page provides general information about the governance and administration arrangements for the Territory of the Cocos (Keeling) Islands.
Legal framework
The Cocos (Keeling) Islands are an external territory of Australia. The Australian Government has the power to make laws for the government of any territory, including the Cocos (Keeling) Islands, under section 122 of the Australian Constitution.
The Territory of the Cocos (Keeling) Islands 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 the Cocos (Keeling) Islands, as well as the Territory of Christmas Island.
An Administrator, appointed by the Governor-General, represents the Minister on Christmas Island and the Cocos (Keeling) Islands and acts in accordance with Ministerial instructions.
All Commonwealth laws and regulations apply to the Cocos (Keeling) Islands, except to the extent their application is specifically excluded. For example, the Road Vehicle Standards Act 2018 (Cth) contains provisions which explicitly exclude it from applying to external territories, including the Cocos (Keeling) Islands.
The Cocos (Keeling) Islands Act 1955 (Cth) provides the legislative basis for the Territory's administrative, legislative and judicial system, including:
- applying the Western Australian laws on the Cocos (Keeling) Islands, including the Local Government Act 1995 (WA)(CKI)
- empowering the Commonwealth Governor-General to make Ordinances for the peace, order and good government of the Cocos (Keeling) Islands.
- Ordinances created under the Cocos (Keeling) Islands Act allow for the laws of the Cocos (Keeling) Islands 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 the Cocos (Keeling) Islands 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, the Cocos (Keeling) Islands are an electoral district of the Commonwealth Division of Lingiari in the Northern Territory.
Historical background
The Cocos (Keeling) Islands became an Australian Territory on 23 November 1955, with the proclamation of the Cocos (Keeling) Islands Act 1955 (Cth), having previously been administered as a dependency of Britain’s Singapore colony.
In 1984, the community of the Cocos (Keeling) Islands voted in favour of integration with Australia in an Act of Self Determination supervised by the United Nations. At this time, the Australian Government gave a commitment to the people of the Cocos (Keeling) Islands to respect their religious beliefs, traditions and culture.
In 1992, the Territories Law Reform Act 1992 (Cth) amended the Cocos (Keeling) Islands Act to introduce a modern body of Australian law to the Cocos (Keeling) Islands, 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 residents of the Cocos (Keeling) Islands 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 the Cocos (Keeling) Islands in the same manner as mainland Australia. The delivery of these kinds of services are the responsibility of the other 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 islands through the Indian Ocean Territories Power Services
- medical services through the Indian Ocean Territories Health Service (IOTHS)
- staff and public housing
- water and wastewater services (under contract to Water Corporation);
- airport management (under contract to Toll Remote Logistics)
- port operations (under contract to Linx Stevedoring)
- Motor Vehicle Registry (operated by the Shire of the Cocos (Keeling) Islands)
Like many other remote locations on the mainland, specialist services are not usually available on the Cocos (Keeling) Islands. Some specialists, for example dentists and pediatricians, visit on a regular basis. Cocos (Keeling) Island residents and visitors may need to travel to Christmas Island or Perth for services or health emergencies which are beyond the capacity of local resources,.
The Australian Federal Police (AFP) provide community policing services to the Cocos (Keeling) Islands. 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 Cocos (Keeling) Islands is responsible for the provision of local government services to the Cocos (Keeling) Islands under the Local Government Act 1995 (WA) (CKI). It provides council services, such as building and environment health, town planning, ranger and vegetation management, youth services and community libraries.