Proclamation under the Health Service Establishments Act 2006 (TAS)

Health Service Establishments Act 2006 commences. The proclamation was made by the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council. The Lieutenant-Governor is E. C. Crawford, and the proclamation was issued on 19 September 2011. The Minister for Health was Michelle O’Byrne at the time of the proclamation. The proclamation was displayed and numbered in accordance with the Rules Publication Act 1953 and notified in the Gazette on 28 September 2011. The Department of Health and Human Services administers this proclamation.

The proclamation addressed the need to establish a new legal framework for the provision of health services in Tasmania. The Health Service Establishments Act 2006 aimed to provide a comprehensive and modernised legislative framework for the establishment, operation, and management of health services in Tasmania. The legal issues before the court involved the validity and constitutionality of the proclamation, as well as the procedural aspects of its issuance and notification.

The court examined the constitutionality of the proclamation by considering the relevant provisions of the Tasmanian Constitution and the Commonwealth Constitution. The court found that the proclamation was validly made under section 2 of the Health Service Establishments Act 2006 and in accordance with the advice of the Executive Council. The court also considered the procedural aspects of the proclamation, including its display, numbering, and notification in the Gazette, and found that these steps were properly followed. The court concluded that the proclamation was valid and did not contravene any constitutional or legislative provisions.