❓ A parliamentary question seeks clarification on ministerial responsibility for departmental decisions and the Minister for Planning's power over the Western Australian Planning Commission. The answer clarifies the powers and limitations of ministerial direction, emphasizing the Commission's independent statutory role.
AnsweredQoN 1289Legislative Council
QuestionView source ↗
(1) Will the Premier insist that his ministers be responsible and accountable for the decisions and actions of the departments and agencies within their portfolios in carrying out their statutory functions? (2) Does the Minister for Planning and Infrastructure have the power and responsibility to ensure that the Western Australian Planning Commission enforces its policies and carries out its statutory obligations? Hon KIM CHANCE
AnswerView source ↗
I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(2) Does the Minister for Planning and Infrastructure have the power and responsibility to ensure that the Western Australian Planning Commission enforces its policies and carries out its statutory obligations? Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(2) Does the Minister for Planning and Infrastructure have the power and responsibility to ensure that the Western Australian Planning Commission enforces its policies and carries out its statutory obligations? Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
Hon KIM CHANCE replied : I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
I thank the member for some notice of this question. (1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(1) Statutory authorities are empowered by legislation to be responsible and accountable for particular classes of decisions and/or actions. (2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
(2) It is within the power of the Minister for Planning and Infrastructure to direct the Western Australian Planning Commission, as provided in section 18(4) of the Western Australian Planning Commission Act 1985, subject to the established practice of not directing the commission in regard to the exercise of its discretion in the assessment of individual subdivision applications, town planning scheme amendments and the like. The minister is not responsible for the decisions and actions of the commission, which is an independent statutory body.
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