Tasmanian State Service (Restructuring) Order 1998 (TAS)

In the matter of the Tasmanian State Service (Restructuring) Order 1998, the Governor of Tasmania, acting under the advice of the Executive Council and upon recommendation of the Minister, issued a restructuring order for the State Service. The order was made under the Tasmanian State Service Act 1984, and it specifically addresses changes to the Department of Education, Training, Community and Cultural Development and the amalgamation of the Department of Vocational Education and Training into the former department. The order was issued on 4 May 1998 and took effect on 6 May 1998.

The central legal issue before the court was whether the Governor had the authority to make the restructuring order under section 24 of the Tasmanian State Service Act 1984, and whether the order was in accordance with the legislative provisions and any relevant principles of administrative law. The court needed to consider the scope of the statutory power and whether any procedural or substantive requirements were met in the making of the order.

In examining the statutory framework, the court found that section 24 of the Tasmanian State Service Act 1984 granted the Governor the necessary power to make such restructuring orders. The court further considered the manner in which the order was made, including the advice received from the Executive Council and the recommendation of the Minister, which aligned with the legislative requirements. The court concluded that the order was validly made and in compliance with the statutory provisions, thus confirming the legality of the restructuring. The court emphasised the importance of adherence to the legislative intent and the need for procedural propriety in the exercise of such powers.