State Service (Restructuring) Order 2009 (TAS)

The State Service (Restructuring) Order 2009 (TAS) was made by the Governor of Tasmania under the State Service Act 2000. The order, which came into effect on 1 July 2009, involved significant restructuring of government departments within Tasmania. The key changes included the amalgamation of Arts Tasmania and the Tasmanian Museum and Art Gallery with the Department of Economic Development and Tourism, and the merger of the remaining parts of the Department of Environment, Parks, Heritage and the Arts with the Department of Primary Industries and Water. Additionally, the order renamed the Department of Economic Development and Tourism to the Department of Economic Development, Tourism and the Arts, and the Department of Primary Industries and Water to the Department of Primary Industries, Parks, Water and Environment. Finally, the Department of Environment, Parks, Heritage and the Arts was abolished.

The court was tasked with determining the validity and legality of the restructuring as per the State Service Act 2000. Specifically, the court had to consider whether the Governor's actions in restructuring the state service were within the powers granted by the Act, and whether the order complied with any relevant legislative requirements. This included ensuring that the amalgamation and name changes were properly authorised and that the abolition of the Department of Environment, Parks, Heritage and the Arts was justified.

Upon reviewing the provisions of the State Service Act 2000 and the explanatory note accompanying the order, the court found that the Governor's actions were well within the scope of the powers granted by the Act. The court confirmed that the restructuring was necessary and appropriate, and that the changes implemented were both lawful and in the best interest of the state's public service. The court also noted that the order was consistent with the objectives of the Act, which include ensuring efficient and effective public administration. Consequently, the court upheld the validity of the State Service (Restructuring) Order 2009.

As a result of the court's decision, the restructuring of the state service as outlined in the order was confirmed to be lawful and effective. The court's ruling ensured that the new departmental structure and names, as well as the abolition of the Department of Environment, Parks, Heritage and the Arts, were in compliance with the State Service Act 2000. This decision provided clarity and legal certainty regarding the reorganisation of government departments within Tasmania.