Departmental Statutes And Other Legislation Relating To Departments: A Discussion Paper

The standard departmental statute - in brief

4. The legislation includes or has included some or all of the following provisions -

(1)The Governor-General has the power or the obligation to appoint the relevant Minister.

(2)The department is established or is continued in effect (sometimes without earlier statutory establishment).

(3)Provision is made for the appointments of the chief executive officer and other staff.

(4)The relationship between the Minister and the chief executive or department is stated.

(5)The department, chief executive or (rarely) the Minister are given responsibilities, functions, powers, duties ...

(6)Ministers are given powers to conclude contracts.

(7)The Minister and the chief executive are given power to delegate their functions.

(8)The Minister is given the power to appoint committees and councils (sometimes advisory, sometimes not limited, and sometimes with coercive powers).

(9)The Department and Minister are required to make an annual report to the House of Representatives.

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