13Ministerial statement of expectations

13 Ministerial statement of expectations

[Section 13 Subsection (1) substituted by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Subsection (2) amended by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Subsection (3) amended by No. 15 of 2015, s. 15, Applied:29 May 2015] [Section 13 Substituted by No. 9 of 2022, s. 32, Applied:01 Jul 2023]

(1)  The Minister, before 31 December in each year, is to give to the Board a statement setting out the Minister’s expectations for the Board (a Ministerial statement of expectations) in relation to the period of 12 months commencing 1 July of the next year (or other such period as may be determined by the Minister).

(2)  In preparing a Ministerial statement of expectations, the Minister is to have regard to the Board’s functions and powers.

(3)  A Ministerial statement of expectations is not to –

(a) prevent the Board from performing a function that it is required to perform or from otherwise complying with any Act; or

(b) extend the functions or powers of the Board; or

(c) seek to direct the Board in relation to a decision made under the Act regarding an individual case.

(4)  The Board must perform its functions and duties in a manner consistent with an applicable Ministerial statement of expectations.

(5)  The Minister, on his or her own motion or at the request of the Board, may at any time amend a Ministerial statement of expectations.

(6)  A Ministerial statement of expectations and any amendment of it is to be in writing and signed by the Minister.

(7)  An amendment to a Ministerial statement of expectations takes effect on such day as is specified in the instrument of amendment.

(8)  The Minister may consult with the Board in preparing a Ministerial statement of expectations and any amendment of a Ministerial statement of expectations.