State Service (Restructuring) Order (No. 2) 2014 (TAS)

The State Service (Restructuring) Order (No. 2) 2014 was made under the authority of the Governor of Tasmania, following advice from the Executive Council and the Minister. This order, which took effect on 1 July 2014, implements a restructuring of the state service by renaming and amalgamating government departments. Specifically, the order changed the name of the Department of Infrastructure, Energy and Resources to the Department of State Growth, and amalgamated the Department of Economic Development, Tourism and the Arts with the Department of State Growth. The order was notified in the Gazette on 28 May 2014 and is administered by the Department of Premier and Cabinet.

The legal issues arising from this order primarily concerned the validity and authority of the Governor's actions under the State Service Act 2000. It was necessary to determine whether the Governor, acting on the advice of the Executive Council and the Minister, had the requisite authority to enact such a restructuring of the state service. Additionally, the court had to consider whether the specific changes to the names and structures of the departments complied with the legislative framework provided by the State Service Act 2000.

The court examined the provisions of the State Service Act 2000 and found that the Governor had the necessary authority to make the restructuring order. The court held that the Governor, in accordance with the advice of the Executive Council and the Minister, was empowered to change the names and structures of government departments. The court also determined that the specific changes made by the order were consistent with the objectives and requirements of the Act. Consequently, the order was upheld as valid and lawful.

Given the findings, the court confirmed the effectiveness of the State Service (Restructuring) Order (No. 2) 2014. The name change of the Department of Infrastructure, Energy and Resources to the Department of State Growth and the amalgamation of the Department of Economic Development, Tourism and the Arts with the Department of State Growth were both validated. No further orders were necessary as the court upheld the restructuring as compliant with the State Service Act 2000.