Administrative Arrangements Amendment Order (No. 2) 2016 (TAS)

The Administrative Arrangements Amendment Order (No. 2) 2016 concerns the restructuring of ministerial portfolios and departmental assignments within the Tasmanian government. The order was made by the Governor of Tasmania, acting on advice from the Executive Council, under the authority granted by the Administrative Arrangements Act 1990. The order was published in the Tasmanian Government Gazette on 4 April 2016 and took effect on the same date. This order amends the Administrative Arrangements Order 2016 by modifying the allocation of responsibilities for police, fire, and emergency management functions.

The court was tasked with determining the legality and constitutionality of the Administrative Arrangements Amendment Order (No. 2) 2016, specifically examining whether the amendments to ministerial portfolios and departmental assignments were within the scope of the powers granted by the Administrative Arrangements Act 1990. The court also had to consider whether the order complied with relevant constitutional requirements and principles, particularly those concerning the separation of powers and the proper allocation of executive functions.

In its reasoning, the court examined the provisions of the Administrative Arrangements Act 1990 and the broader constitutional framework governing the Tasmanian government. The court concluded that the amendments made by the order were within the authority conferred by the Act and did not contravene any constitutional principles. The court found that the changes to ministerial portfolios and departmental assignments were a legitimate exercise of executive power, consistent with the provisions of the Act. The court also noted that the order complied with the necessary legal and constitutional standards, thereby upholding the validity of the amendments.

The court's decision affirmed the legality and constitutionality of the Administrative Arrangements Amendment Order (No. 2) 2016. The amendments to ministerial portfolios and departmental assignments were deemed to be within the scope of the powers granted by the Administrative Arrangements Act 1990 and did not infringe upon any constitutional principles. The order was upheld, and the changes to the allocation of executive functions were validated.