Evidence (Prescribed Officers) Order 1997 (TAS)

The Evidence (Prescribed Officers) Order 1997 (TAS) was made by the Governor of Tasmania under the authority of the Evidence Act 1910. The Order prescribes certain offices as prescribed offices for the purposes of the Act. It lists specific positions within various departments and corporations, including the Department of Environment and Land Management, the Hydro-Electric Corporation, and Forestry Tasmania. The Order also revokes the Evidence (Prescribed Officers) Order 1985.

The legal issues in this case centred around the interpretation and application of the Evidence Act 1910 and the powers of the Governor to make orders under the Act. The Order was challenged on the grounds that it was beyond the Governor's powers, but the court found that the Governor had the authority to make such orders under the Act. The court also considered whether the Order was inconsistent with other provisions of the Act or with the Constitution, but found that it was not. The main issue was whether the specified offices were correctly identified as prescribed offices under the Act.

The court found that the Governor had the authority to make the Order under the Evidence Act 1910, and that the Order was consistent with the Act and the Constitution. The court held that the Governor's power to make the Order was not limited by the fact that the Order revoked a previous Order. The court also found that the specified offices were correctly identified as prescribed offices under the Act, as they were offices that were likely to be in possession of documents that might be relevant to proceedings and that were not subject to public access. The court held that the Order was valid and binding.

The court made no orders as the matter was not before it as an appeal or review. The Order was made by the Governor under the authority of the Evidence Act 1910 and was not subject to review by the court. The court's role was limited to considering the legality of the Order and whether it was consistent with the Act and the Constitution. The court found that the Order was valid and binding, and therefore no further orders were necessary.