Page 1742 - Week 07 - Tuesday, 29 May 1990
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Government Law Office
Subject: .Role of EXECUTIVE DEPUTIES
OPINION
I have been asked to advise on the possible role of Executive Deputies and the range of powers and duties that could be allocated to them.
1. The Role of Ministers
The ACT Executive comprises the Chief Minister and 3 other Ministers chosen by him or her. Under x.37 of the Australian Capital Territory (Self-Government) Act 1988, the Executive is given NR far governing the ACT with respect to the matters listed in Schedule 4, executing and maIntairiing ACT enactments and exercising other powers vested is it by ACT laws or intergovernmental agreement.
The Chief Minister is elected by members of the ACT Legislative Assembly and may, at any time, be removed from office by the Assembly [see as. 40, 19] The number of Ministers is fixed at 4 under the Self-Gover^.ment Act Css.39 and 41(1)], and the powers of the Executive under the Act can only be divided amongst Ministers [se. x.43].
The scheme of the legislation is clear. The Executive as a whole and Ministers individually (where matters have been allocated to them) are responsible to the Assembly for the executive government of the ACT.
Nature of Executive Power
ACT Ministers are accordingly vested by the Self Government Act with what is known .as "executive power" in relation to their spheres of responsibility. This enables them to enter into contracts, make appointments, set up advisory bodies, rent offices, purchase supplies etc. The significance of the exercise of such power is that by their actions, Ministers have the capacity to legally bind the body politic i.e. "the Australian Capital Territory". This means that the public money of the Territory is available to discharge any liabilities incurred in the exercise of the executive power (Subject.of course to monies having been appropriated for the purposes in question).
- In my view, only Ministers may exercise such executive power, or authorise its use.
However, it is well settled at common law theatre
Minister does not have to act personally..-In adiirinistr-ativw=°° . .... .._
matters. It was expressed thus by penning L Jim Metropolitan -
Borough and Town Clerk of Lewisham v.Roberts ([1949] 2 Kell. 608,
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