Page 1744 - Week 07 - Tuesday, 29 May 1990
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1 " subject to any con -r ar? is tenacity in that Act o= subordinate law. a Minister could thus delegate spec=_-.c mowers or duties assigned to him or her by legislation to another persc.^. provided there were no contra=-7 intention in the legislation. (Notes: in some cases, the legislation limits the power of delegation to public servants).
2. The Role of Executive Deputies
Against this background, I now turn to an examination of a statement tabled by ;.he Chief Minister in the Assembly on 14 December outlining the intended role of Executive Deputies (See Attachment A). In doing so, however, it will be necessary to consider the effect of the proposed arrangements as a whole. Individual tasks assigned to Deputies may not in themselves create legal difficulties. However, such difficulties might arise i_ the overall effect of the assignment of a multitude of tasks .is such that it can be argued that Ministers have abrogated their responsibilities, contrary to the provisions of the SelfGovernment Act.
I note that the Chief Ministers statement clearly indicates that Min=seers are at all times fully responsible for all matt erswithin their portfolios and that the role of Executive Deputies is to provide an additional source of advice to Ministers in the discharge of their responsibilities. There are then set out detailed guidelines which are consistent with these stated principles. Taken as a whole and individually, t_^.e tasks assigned Executive Deputies do not, in my view, infringe the provisions of the Self Government Act. .
However, I should like to make the following additional points:
. Deputies should not sign correspondence on behalf of Ministers where such correspondence purports to be a decision by the Minister which is required by the relevant legislation to be made by him personally or by his or her delegate
Deputies may not approve expenditure under the Audit Act 1989 of the Territory
Deputies may not establish non-legislative advisory
bodies nor make non-statutory appointments. -
3. Remuneration for Work Done as Executive Deputies .
The Self-Government Act makes provision as follows:
"14.(1) A member vacates office if the member:
(c) takes or agrees to take, directly or indirectly, . any remuneration, allowance, --honorar:L=.Pr_ reward-.--:. for services rendered int. Assembly, . *.Otherness :- -than under section 73."
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