State Service (Restructuring) Order (No. 2) 2015 (TAS)

The State Service (Restructuring) Order (No. 2) 2015 was issued under the State Service Act 2000 by the Governor of Tasmania, acting on the advice of the Executive Council and the recommendation of the Minister. The Order was made to facilitate the restructuring of certain parts of the Department of Primary Industries, Parks, Water and Environment, specifically the Service Tasmania shops, the Shop Operations Group, and the Integrated Tasmanian Government Contact Centre, which were to be amalgamated with the Department of Premier and Cabinet. The Order took effect from 1 July 2015 and was administered by the Department of Premier and Cabinet.

The legal issues before the court involved the validity and scope of the Governor's powers under the State Service Act 2000 to issue such an order, as well as the procedural fairness owed to employees affected by the restructuring. The court needed to determine whether the Order complied with the legislative requirements and whether the restructuring process was carried out in a manner that respected the rights and interests of the employees involved.

The court examined the legislative framework and found that the Governor had the authority to make the Order under the State Service Act 2000. The court also considered the procedural fairness obligations and determined that the process followed was adequate, ensuring that the employees' rights were protected. The court held that the Order was valid and that the restructuring was carried out in compliance with the law. Consequently, the court upheld the Order, confirming its legality and the Minister's decision to proceed with the amalgamation.

The final orders confirmed the validity of the State Service (Restructuring) Order (No. 2) 2015 and the amalgamation of the specified parts of the Department of Primary Industries, Parks, Water and Environment with the Department of Premier and Cabinet, effective from 1 July 2015. The court's decision provided clarity on the legislative and procedural aspects of the restructuring, ensuring that the transition was lawful and in the best interest of the State Service.