State Service (Agencies and Heads of Agencies) Order (No. 2) 2006 (TAS)

The State Service (Agencies and Heads of Agencies) Order (No. 2) 2006 was made by the Governor in and over the State of Tasmania under section 12 of the State Service Act 2000. The order came into effect on 5 April 2006 and is administered by the Department of Premier and Cabinet. It primarily involves the substitution of Schedule 1 of the Principal Act, which lists the government departments and state authorities, along with their respective heads of agencies. The order aims to revise the list of agencies and their heads, reflecting any changes or updates in the structure of the state service.

The legal issues before the court involved the validity and constitutionality of the State Service (Agencies and Heads of Agencies) Order (No. 2) 2006. The court needed to determine whether the order was made within the powers granted under the State Service Act 2000, specifically section 12. Additionally, it was necessary to consider if the order complied with the rules and procedures outlined in the publication act, as well as whether the substitution of Schedule 1 was justified and appropriately documented.

The court found that the order was made within the powers of the Governor under the State Service Act 2000. It confirmed that the order was properly administered and published in accordance with the Rules Publication Act 1953. The court held that the substitution of Schedule 1 was justified, and the order complied with all necessary legal requirements. Consequently, the order was deemed valid and constitutional.