Administrative Arrangements Act 1994

The Act builds on a small set of recurring legal concepts that determine how administrative responsibility flows within the State. Those concepts are explicit in the text and define the scope and mechanics of ministerial reallocation and organisational change.

• Minister: The Act defines Minister to include a Minister of the Crown and expressly to include a body corporate constituted of a Minister (s 3). This dual meaning is used repeatedly; where a Minister has been constituted a body corporate the Act treats references to the Minister as references to the corporate entity unless the proclamation provides otherwise (s 8(3)).

• Administrative unit: The Act uses administrative unit to mean an administrative unit of the Public Service and expressly includes former departments or administrative units under the Public Sector Act 2009 or a repealed Act (s 3). That definition links the Act to the Public Sector Act 2009 by reference rather than reproducing that Act’s definitions.

• Public sector employee: The Act inherits the Public Sector Act 2009’s definition for public sector employee (s 3). The Act’s interpretative power (s 8(1)) extends to references to public sector employees.

• Proclamation as instrument of change: The Governor’s power to affect change is principally exercised by proclamation. The Act enumerates multiple matters that can be achieved by proclamation: altering ministerial titles (s 4), committing administration of Acts (s 5), conferring and withdrawing ministerial functions and powers (s 6), constituting a ministerial office a body corporate and associated transfers, dissolutions and vestings (s 7), and issuing interpretative directions changing references in Acts, statutory instruments, other instruments and contracts (s 8(1)). Proclamations may be varied or revoked by the Governor (s 11(3)). The Act also states that proclamations under the Act take effect notwithstanding any Act or law to the contrary, unless an Act expressly excludes that effect (s 11(1)-(2)).

• Delegation and publication: A Minister may delegate functions or powers under an Act to another Minister by notice published in the Gazette (s 9(1)), and may vary or revoke the delegation by subsequent Gazette notice (s 9(2)). The Act distinguishes between delegation by Minister (Gazette notices) and appointment of a delegate Minister by Governor (proclamation) (s 9A(1)).

• Continuity of existing delegations and appointments: Delegations or appointments made under the previous law remain effective after function transfers, but are subject to variation or revocation by the Minister who receives the transferred function or power (ss 9(4)-(5)). The Schedule expressly carries forward proclamations and delegations made under the Administration of Acts Act 1910 (Schedule cl 1).

• Evidentiary certificates: The Act creates a statutory presumption for certificates purporting to be signed by a Minister about who holds or held a particular ministerial responsibility, or in whom a specified function, power, asset or right is vested, which must be accepted in the absence of proof to the contrary (s 10).

These concepts collate into a framework that primarily facilitates administrative reallocation by (1) providing the Governor with proclamation powers across a defined set of subjects; (2) allowing Ministers to delegate between themselves subject to publication; (3) preserving the legal status of pre-existing delegations; and (4) easing evidentiary proof of who holds administrative responsibility.

The Act directly governs the rights and legal position of a limited set of institutional actors and indirectly affects parties that contract or interact with those actors. The principal actors are the Governor, Ministers of the Crown, administrative units of the Public Service, bodies corporate constituted of Ministers, public sector employees, the Crown and Crown instrumentalities.

• Governor: The Governor is the central decision-maker under the Act for matters that require formal alteration of administrative arrangements. The Governor may make proclamations changing ministerial office titles (s 4), committing Acts to Ministers (s 5(1)), conferring or withdrawing functions and powers (s 6(1)-(2)), constituting ministerial offices as bodies corporate and managing transfers of assets, rights and liabilities (s 7(1)), issuing interpretative directions that re‑reference Ministers, administrative units or employees across Acts and instruments (s 8(1)), and appointing a delegate Minister (s 9A(1)). The Governor may also vary or revoke proclamations made under the Act (s 11(3)).

• Ministers: Ministers are both objects and agents. They receive or surrender administration of Acts (s 5), may be conferred functions and powers or have them withdrawn by proclamation (s 6), may be constituted as bodies corporate (s 7), may delegate functions or powers to other Ministers by Gazette notice (s 9(1)), and may have delegate Ministers appointed to them by the Governor (s 9A(1)). Ministers’ delegations continue to operate after transfer of functions but are subject to variation or revocation by the new Minister (ss 9(4)-(5)).

• Administrative units and public sector employees: Administrative units are the structural units of the Public Service as defined (s 3). The Governor’s interpretative power can reassign references to administrative units, officers or employees in Acts, statutory instruments and contracts to specified administrative units or public sector employees (s 8(1)). That affects staffing and chain-of-command references within instruments and contracts that refer to public service structures.

• Bodies corporate constituted of a Minister: Where the Governor constitutes the holder of a ministerial office a body corporate, that new legal entity carries assets, rights and liabilities and may have its name and functions altered by proclamation (s 7(1)-(4)). Proclamations can transfer assets and liabilities between such bodies and the Crown or other Crown instrumentalities (s 7(1)(b), (d)).

• The Crown and Crown agencies: The Act contemplates transferring assets, rights and liabilities between ministerial bodies corporate and the Crown, or between Crown instrumentalities, which affects the legal ownership and operational control of property and obligations (s 7(1)(b), (d)).

• Third parties (contracting counterparties, courts, regulated persons): Contracts, statutory instruments and other documents referencing Ministers, administrative units or officers may be read as references to different persons or units following an interpretative proclamation (s 8(1)). In legal proceedings a Minister’s certificate as to who holds a ministerial responsibility or in whom a power is vested is prima facie evidence (s 10), impacting how courts and counterparties establish who has authority to act.

Who does not directly face new duties under the Act are private individuals, businesses or bodies that are not contracting with or regulated by the State, apart from the indirect effects of reallocations (for example, who to make applications to, or which Minister enforces a regulation). The Act contains no express criminal sanctions or penalties targeted at private actors; it is an internal administrative instrument for the machinery of government.

The Act assigns specific procedural rights and administrative authorities rather than broad substantive duties. The core operational rights and obligations are located in the provisions for proclamations, delegations, constituting bodies corporate, and evidentiary recognition.

• Governor’s statutory rights and procedural obligations: The Governor is empowered to make proclamations for numerous administrative acts: alter ministerial office titles (s 4); commit administration of Acts to Ministers and revoke previous commitments (ss 5(1)-(2)); confer or withdraw ministerial functions and powers (ss 6(1)-(2)); constitute, name, dissolve and manage assets and liabilities of a ministerial body corporate (s 7(1)-(4)); and direct interpretative application of references in Acts, instruments and contracts to specified Ministers, administrative units or public sector employees (s 8(1)). The Governor must, when limiting functions or powers of a constituted body corporate, specify those limits in the proclamation (s 7(2)). The Governor may vary or revoke proclamations made under the Act (s 11(3)). The Act does not set out procedural steps for the Governor beyond the text of each power, nor does it prescribe consultation or reporting requirements for proclamations.

• Ministerial delegation and variation rights: A Minister may delegate any of his or her functions or powers under an Act to another Minister by notice published in the Gazette (s 9(1)). The Minister may vary or revoke a delegation by subsequent Gazette notice (s 9(2)). Delegation does not prevent the delegating Minister from continuing to carry out the function or exercise the power (s 9(3)). When functions or powers are later transferred or vested in another Minister, any existing delegations or appointments remain effective but are subject to variation or revocation by the Minister who becomes responsible (ss 9(4)-(5)). Those clauses create a right for Ministers to delegate and a continuing control mechanism for incoming Ministers to reconfigure delegations.

• Appointment of delegate Minister: The Governor may appoint a Minister as the delegate Minister of another Minister by proclamation (s 9A(1)). Such an appointee holds all the functions and powers of the other Minister, but the original Minister is not thereby prevented from exercising them (s 9A(2)). This provision creates a statutory overlap of authority where both the delegate and the original Minister can act.

• Rights of constituted bodies corporate and asset transfer mechanics: The Governor can constitute the person in a ministerial office as a body corporate (s 7(1)(a)). The Governor can transfer assets, rights or liabilities of a ministerial body corporate to the Crown or another Crown instrumentality (s 7(1)(b)), and dissolve such a body and vest its assets and rights and attach its liabilities in the Crown or another Crown instrumentality (s 7(1)(c)-(d)). The name of a constituted body corporate will, unless the proclamation provides otherwise, be the title for the time being of the ministerial office (s 7(3)). The Act requires that any limitation on a constituted body’s functions or powers must be spelled out in the proclamation (s 7(2)), which is an affirmative requirement on the Governor as to form.

• Evidentiary presumption in legal proceedings: In a court or other legal proceeding a certificate signed by a Minister stating that the Minister is, or was on a particular date, the Minister to whom administration of a specified Act is or was committed, or the Minister in whom a function, power, asset or right is or was vested, must be accepted as proof of the certified matter in the absence of proof to the contrary (s 10). That creates a statutory evidentiary presumption favouring ministerial certificates unless rebutted.

• Proclamations’ legislative effect: Proclamations under this Act have, subject to the express exclusion provision in s 11(2), effect notwithstanding any Act or law to the contrary (s 11(1)), giving those proclamations a special primacy unless an Act expressly removes that primacy.

The Act does not create general duties of care, criminal offences, regulatory obligations for private actors, or procedural guarantees for affected third parties outside the narrow procedural text. The rights and obligations are concentrated in the executive and ministerial offices and in the formal publication and proclamation channels provided.

The Administrative Arrangements Act 1994 contains no express criminal sanctions, monetary penalties or enforcement regimes directed at non-compliance by Ministers, Governors, administrative units or third parties. Its enforcement mechanisms and practical effect are institutional and evidentiary rather than penal.

• No penalty clauses: The Act does not specify offences, fines, or other punitive measures for failing to comply with its procedural provisions. There is no provision in the text imposing civil penalties or enforcing duties by fine or imprisonment. Consequently, compliance is driven by administrative practice and legal effect rather than statutory sanctions.

• Publication and formalisation as compliance mechanisms: The Act requires certain steps as formal prerequisites for validity of particular administrative acts. A Minister’s delegation of functions or powers under an Act must be by notice published in the Gazette (s 9(1)); variation or revocation must be by subsequent Gazette notice (s 9(2)). The Governor’s actions under ss 4-8 and 11 are effected by proclamation. Publication in the Gazette and the making of proclamations are the prescribed public formalities that give legal effect to delegations and changes in administrative arrangements and thereby serve as the primary compliance mechanism.

• Evidentiary enforcement in proceedings: Section 10 creates an evidentiary rule: a certificate purporting to be signed by a Minister about who is or was the Minister to whom an Act is committed or who holds a specified function, power, asset or right must be accepted as proof in the absence of proof to the contrary. That produces a procedural advantage for the holder of a certificate in litigation and administrative dispute resolution, reducing the factual burden on the party relying on the certificate unless opposing party adduces evidence to the contrary.

• Judicial control and statutory primacy caveat: The Act gives proclamations broad effect “notwithstanding any Act or law to the contrary” (s 11(1)), but expressly allows an Act to exclude that operation (s 11(2)). The text does not specify a judicial review mechanism or remove judicial review from the ordinary constitutional or statutory processes. The Act permits the Governor to vary or revoke proclamations (s 11(3)), which is a domestic executive control rather than external enforcement.

• Continuity of prior instruments: The Schedule preserves the legal continuity of proclamations and delegations previously made under the Administration of Acts Act 1910 by treating them as having been made under this Act (Schedule cl 1). That reduces the likelihood of enforcement disputes turning on technical validity of pre-existing instruments.

In sum, the Act’s enforcement relies on formal publication, the legal force of proclamations and ministerial certificates in proceedings, and internal executive controls such as revocation or variation by the Governor or successor Ministers. There are no statutory penalties within the Act that apply to non‑compliance.

The Act is an enabling and interpretative instrument that interacts explicitly and implicitly with other statutes, statutory instruments, contracts and instruments. Its textual cross-references and savings clauses determine those interactions.

• Proclamations override other laws subject to express exclusion: Section 11(1) provides that a proclamation under this Act has effect notwithstanding any Act or law to the contrary. That gives proclamations a broad potential to alter how other legislation is applied so long as the proclamations fall within the powers conferred by the Act. However, s 11(2) qualifies that effect: an Act may expressly exclude the operation of s 11(1). Therefore the interaction with any particular statute depends on whether that statute contains an express exclusion of the effect of proclamations under this Act.

• Reassigning references in statutes, instruments and contracts: Section 8(1) authorises proclamations that direct references in Acts, statutory instruments (including proclamations under this Act), any other instrument, or a contract, agreement or other document to a Minister, an administrative unit or an officer or employee of the Public Service or of the Crown, will have effect as if they were references to the Minister, administrative unit or public sector employee specified in the proclamation. That means the Act can change the operative references in pre-existing statutory or contractual instruments, which directly affects their application and determines with whom obligations and rights lie.

• Transfers of functions and revocation of previous committals: Section 5(2) provides that a proclamation committing administration of an Act to a Minister will have the effect of revoking any previous committal; section 6(2) provides that conferral of a function or power on a named Minister withdraws it from the Minister in whom it previously vested. Those provisions are designed to produce clean transfers of administrative responsibility across Acts that allocate responsibility, but they interact with delegation clauses , existing delegations remain effective unless varied or revoked (ss 9(4)-(5)), so a receiving Minister acquires responsibilities that may carry existing delegations attached.

• Continuity of pre-existing delegations and instruments: The Schedule saves proclamations and delegations made under the repealed Administration of Acts Act 1910 by treating them as if made under this Act (Schedule cl 1). This minimises disruptive interactions with instruments made under earlier law. The Act also incorporates definitions tied to the Public Sector Act 2009 (s 3), aligning interpretative terms with that later statute and thereby affecting how the two statutes interact.

• Constituting ministers as corporate entities and asset transfers: Section 7 allows transfers of assets, rights and liabilities between ministerial corporate entities and the Crown or other Crown instrumentalities. That interacts with laws governing property, Crown liability and agency relationships, in that the identity of the legal owner or obligor can be altered by proclamation consistent with s 7. Any statutory regime that depends on the identity of the asset-holder may therefore be affected by such proclamations.

• Delegations and publication under other Acts: The Act contemplates delegations by Ministers under “an Act” (s 9(1)). Where other Acts contain their own delegation regimes or require other formalities for delegations of particular powers, those regimes will operate in parallel. The Act’s specific requirement for Gazette publication for minister-to-minister delegations (s 9(1)-(2)) interacts with other statutory publication requirements.

• Interaction through amendments and consequential changes: The Legislative history records amendments that aligned the Act with the Public Sector Act 2009 (see provisions amended table and Pt 9 amendments), indicating that subsequent statute-making can and does alter definitions and interpretative provisions in this Act. The Act itself can be overridden in particular respects by other Acts that expressly exclude s 11(1).

Users of the Act must therefore examine the specific statute, instrument or contract at issue to determine whether the Act’s proclamation or interpretative powers can be used to alter its operation, and whether the other instrument expressly excludes the operation of s 11(1).

The Act’s legislative history is recorded in the text provided and shows a compact set of amendments and consequential changes since the original enactment. The principal milestones are as follows.

• Enactment and commencement: The Administrative Arrangements Act 1994 was enacted by the Parliament of South Australia with assent and commencement on 31 March 1994 (legislative history table: 1994 No 3).

• 1997 amendment inserting s 9A: The Statutes Amendment (Ministers of the Crown) Act 1997 (1997 No 69) inserted section 9A, empowering the Governor to appoint a Minister as the delegate Minister of another Minister by proclamation and giving that delegate all the functions and powers of the other Minister while not preventing the other Minister from exercising them (s 9A, inserted 17.12.1997). The Reprint No 1 date is 17.12.1997, indicating consolidation at that point.

• 2009 consequential amendments: The Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (2009 No 84) made changes consequential on the Public Sector Act 2009. Notably, it substituted a new definition for administrative unit, inserted public sector employee, and amended s 8(1) (see provisions amended table, indicating s 3 administrative unit substitution by s 19(1) and insertion of public sector employee by s 19(2), effective 1.2.2010; and s 8(1) substituted by s 20(1) and s 8(4) deleted by s 20(2), effective 1.2.2010). These amendments align the Act’s terminology with the Public Sector Act 2009 and adjust the interpretative provision.

• Repeal of predecessor Act: The Administrative Arrangements Act 1994 repealed the Administration of Acts Act 1910 (Legislation repealed by principal Act). The Schedule preserves continuity by treating proclamations or delegations under the Administration of Acts Act 1910 that were in force immediately before commencement as having been made under this Act (Schedule cl 1).

• Editorial revisions: The long title was amended under the Legislation Revision and Publication Act 2002 and s 2 was omitted under the same Act. The provisions amended table in the source lists the specific provisions varied and respective commencements.

• Consolidations and historical versions: The source records the Reprint No 1 as of 17.12.1997 and lists earlier and later amendments. The legislative history and the provisions amended table should be consulted for precise timing and the text of amendments; the principal structural changes are the insertion of s 9A in 1997 and the Public Sector Act 2009 consequential changes effective 1.2.2010.

This record indicates that the Act has been amended primarily to reflect structural changes in the public sector (alignment with the Public Sector Act 2009) and to refine ministerial appointment and delegation mechanics (s 9A). The Schedule ensures legal continuity from the earlier 1910 regime.

The statutory text supplied does not record any cases, litigation outcomes, or judicial consideration of the Administrative Arrangements Act 1994. The Legislative history and Notes sections in the source list amendments, repeals and editorial revisions but do not identify reported judicial decisions or litigation that construed the Act.

Consequently, within the materials provided there is no litigation history to cite. Users seeking case law interpreting particular provisions such as s 11’s “notwithstanding any Act” clause, s 8’s interpretative proclamations, s 7’s constituting and transferring of ministerial bodies, or s 10’s evidentiary certificates should search court databases, law reports or consolidated statutory annotations beyond the text of the Act itself. The Act’s own text and legislative amendment record are silent on judicial interpretations, remedies, or disputes under these provisions.

Because the Act confers executive powers that can change who is responsible under other legislation and can affect the identity of parties to contracts and instruments, it is plausible that disputes could arise in practice about the validity, effect and scope of particular proclamations or about the admissibility and weight of ministerial certificates in litigation. None of those disputes or outcomes are recorded in the source provided.

The Act contains several drafting features and interaction points that can produce practical surprises if overlooked. These are matters of statutory mechanics rather than normative judgements, set out as concrete risks or traps that practitioners and administrators should note.

• Proclamations can override other Acts unless expressly excluded (s 11(1)-(2)). The broad language in s 11(1), that a proclamation “has effect notwithstanding any Act or law to the contrary”, means that a proclamation under this Act can change the operational application of other statutes. However, s 11(2) allows an Act to expressly exclude that operation. Practitioners must therefore check whether the subject statute contains an express exclusion of s 11(1) before relying on a proclamation to alter the statute’s application.

• Delegations survive transfers but are subject to revocation by the receiving Minister (ss 9(4)-(5)). Existing delegations or authorisations remain in force after the functions or powers are transferred to another Minister. That continuity can produce unexpected operational authority remaining in place until the receiving Minister expressly varies or revokes the delegation. If this is not recognised, operational decision-making and accountability lines may be unclear.

• Distinct formalities for different acts: Ministerial delegations require Gazette publication (s 9(1)), while appointments of a delegate Minister are made by proclamation (s 9A(1)). The difference in formal formality can affect how quickly or publicly a change takes effect and what record will be available for third parties.

• Constituted bodies corporate: The Governor may constitute a Minister a body corporate and transfer or vest assets, rights and liabilities (s 7(1)). The name of such a body is by default the ministerial office title unless otherwise specified (s 7(3)). Limiting the functions or powers of a constituted body must be done in the proclamation (s 7(2)). If a proclamation does not specify limitations where intended, the constituted body may assume the broader functions implied by the enabling language.

• Interpretative proclamations can change contract references (s 8(1)). Section 8(1) applies not only to Acts and statutory instruments but also to contracts, agreements and other documents; a proclamation that re‑references who a document calls “the Minister” or “the administrative unit” will alter contractual parties’ apparent counterparties or addresses for service. That can create commercial uncertainty for counterparties who do not monitor proclamations.

• Evidentiary certificates are persuasive but rebuttable (s 10). A certificate signed by a Minister that purports to show who holds or held a ministerial responsibility is to be accepted as proof in the absence of proof to the contrary. This reduces the initial proof burden but remains rebuttable. A party facing an adverse certificate must be ready to adduce contrary proof.

• Continuity from the 1910 Act (Schedule). Prior proclamations and delegations under the Administration of Acts Act 1910 are taken to have been made under this Act (Schedule cl 1). This preserves older instruments but could leave legacy arrangements in force unexpectedly unless reviewed.

• No penalty or remedy provisions: The Act lacks sanctioning clauses or prescribed remedial steps for non-compliance. Enforcement is by proclamation, Gazette notice and the evidentiary rule. Organisations expecting statutory penalties for non‑performance will not find them here.

• Reliance on external definitions: The Act’s definitions for administrative unit and public sector employee reference the Public Sector Act 2009 (s 3). Changes to that Act or to the public sector architecture may therefore change how terms in this Act operate, and amendments to the Public Sector Act could have consequential effects without amending this Act directly.

• Acts may expressly exclude the operation of s 11(1) (s 11(2)). This creates a patchwork: one Act may be immune to proclamations under this Act while another is not, requiring a statute-by-statute check.

• Possible uncertainty over scope of “function” and “power”: The Act defines function to include duty (s 3). In practice this may require careful characterisation of whether a particular duty is a “function” or “power” capable of transfer, particularly where duties sit across statutory and administrative contexts.

These features create a need for deliberate audit and monitoring of proclamations and Gazette notices, and for review of contracts and delegations whenever administrative arrangements change.

For Ministers, agencies and lawyers managing administrative arrangements, the Act prescribes a small set of concrete steps and records to ensure valid transfers, delegations and interpretative changes. Below are practical compliance actions tied to the specific provisions.

1. Use the correct instrument for the intended change

• Title changes and function conferrals require a Governor’s proclamation (s 4; s 6(1)). A transfer of administration of an Act must be by proclamation (s 5(1)). Constituting a ministerial office a body corporate or transferring assets and liabilities must be by proclamation (s 7(1)). Ensure the legal instrument sought from the Governor is a proclamation and framed to effect the specific change required.

2. Spell out limitations when constituting bodies corporate

• If a ministerial body corporate is to have limited functions or powers, the limitations must be specified in the constituting proclamation (s 7(2)). Draft the proclamation to list any intended constraints explicitly; failure to do so leaves the default broader powers in place.

3. Publish delegations in the Gazette

• A Minister delegating any functions or powers under an Act to another Minister must publish the delegation notice in the Gazette (s 9(1)), and any variation or revocation must likewise be published (s 9(2)). Maintain internal records of the Gazette notices and ensure the text published matches the intended scope of the delegation.

4. Manage continuity when functions transfer

• Existing delegations and appointments remain effective after functions are transferred to another Minister but are subject to variation or revocation by the incoming Minister (ss 9(4)-(5)). When receiving functions, undertake a reconciliation of existing delegations and appointments and decide whether to confirm, vary or revoke them to reset accountability lines.

5. Distinguish between Gazette publication and proclamations

• Delegations are effected through Gazette notice, delegate Minister appointments are effected by proclamation (s 9A(1)). Ensure the administrative pathway chosen (Governor’s proclamation v Gazette notice) aligns with statutory requirements.

6. Update contracts and instruments where needed

• The Governor can direct that references in contracts, statutory instruments and other documents to Ministers, administrative units or public service officers are to be read as references to specified persons or units (s 8(1)). Where such interpretative proclamations are made or anticipated, review contracts that rely on references to “the Minister” or to specific administrative units to confirm counterparties, service addresses and notice provisions remain operative and that rights and obligations are not unintentionally relocated.

7. Record and rely on ministerial certificates carefully

• Where a Minister provides a certificate under s 10 as to who is responsible for an Act or in whom a power, asset or right is vested, treat that certificate as prima facie proof. However, retain underlying documentary evidence so the certificate can be defended if challenged; note that the certificate is rebuttable.

8. Check whether target statutes exclude the operation of s 11(1)

• Before relying on a proclamation to alter the application of another Act, check whether that statute expressly excludes the operation of s 11(1) (s 11(2)). If it does, the proclamation cannot have the “notwithstanding” effect in relation to that statute.

9. Maintain version control and audit trail

• Given the Act’s capacity to reassign responsibilities, keep a clear, dated audit trail of proclamations, Gazette notices, delegations, appointments, and any subsequent variations or revocations (s 11(3) allows variation or revocation). This is essential for establishing who had authority at any relevant date, particularly for litigation or administrative review.

10. Review legacy instruments under the 1910 Act

• The Schedule treats pre-commencement proclamations or delegations under the Administration of Acts Act 1910 as made under this Act (Schedule cl 1). Identify and review such legacy instruments to confirm they operate as intended in the current administrative architecture.

11. Coordinate with the Public Sector Act 2009 framework

• The Act’s definitions reference the Public Sector Act 2009 (s 3). Ensure that any administrative change aligns with human resources, employment and public service structures under that Act, including correct identification of public sector employees and administrative units.

12. Legal review before operational changes

• Because proclamations can alter statutory application and contractual counterparties, obtain legal advice before seeking a proclamation or relying on one issued. Confirm that the wording of the proclamation is correctly tailored to the legal effect sought.

Following these steps will align the practical processes of Ministers and agencies with the statutory formalities in ss 4-11 and the Schedule, minimise unintended consequences of reassignments, and preserve evidentiary and administrative clarity.