Article 38 Assignment of responsibilities to Ministers

Subject to this Constitution, the Governor, acting in accordance with the advice of the Premier, shall, by directions in writing, charge any Minister with responsibility for the conduct (subject to this Constitution and any other law) of any business of the Government, including responsibility for the administration of any department of government.

A Minister shall not be charged with responsibility under this section for any of the matters mentioned in section 39, matters relating to the judiciary, or the audit of accounts which are the responsibility of the Auditor-General under section 103.

Authority to exercise any function that is conferred or imposed by this Constitution or any other law on any person or authority other than a Minister shall not be conferred by the Governor on a Minister.

A Minister charged with responsibility for any matter under this section shall exercise his or her responsibility in accordance with the policies of the Government as determined by the Cabinet and in accordance with the collective responsibility of the members of the Cabinet for the policies and decisions of the Government.

Where a Minister has been charged under this section with responsibility for the administration of any department of government, the Minister shall (subject to this Constitution and any other law) exercise general direction and control over that department, and, subject to such direction and control, the department shall be under the supervision of a permanent secretary who shall be a public officer; but two or more departments of government may be placed under the supervision of one permanent secretary.

The Governor, acting in his or her discretion, may at any time and upon notifying the relevant Minister call for any official papers or seek any official information or advice available to a Minister with respect to a matter or department with responsibility for which that Minister is charged under this section.