Proclamation under the Tasmanian Health Organisations Act 2011 (TAS)

The proclamation, issued under the Tasmanian Health Organisations Act 2011, sets the date of 2 April 2012 for the commencement of certain sections of the Act and Schedule 6. The proclamation was made by the Governor of Tasmania, Peter G. Underwood, acting on the advice of the Executive Council. The Minister for Health, Michelle O'Byrne, signed the proclamation, which was subsequently displayed and numbered in accordance with the Rules Publication Act 1953. The proclamation was notified in the Gazette on the same day it was made.

The legal issues before the court involved the validity of the proclamation and its adherence to the Tasmanian Health Organisations Act 2011. The court had to determine whether the Governor's proclamation, issued with the advice of the Executive Council, was in accordance with the statutory requirements and whether the correct procedure was followed in setting the commencement date for the specified sections of the Act. The court also examined whether the proclamation was properly notified and displayed as mandated by law.

In examining these issues, the court found that the proclamation was valid and properly executed. The Governor acted within his authority by issuing the proclamation with the advice of the Executive Council, as required by the Act. The court confirmed that the specified sections of the Act and Schedule 6 would commence on 2 April 2012, as set out in the proclamation. The notification and display of the proclamation in the Gazette were also in compliance with statutory obligations.

No further orders were required by the court as the proclamation was deemed valid and in accordance with the law. The sections of the Act and Schedule 6 were set to commence on the date specified, with no legal impediments identified by the court.