8.1 Governor in Council matters to be authorised by Legislation

Decisions of the Governor in Council are reviewable by the courts and the courts will require the production of evidence supporting decisions of the Governor in Council to help ascertain the facts and/or the reasons for the decision. It is imperative that matters and documents coming before the Governor in Council are properly prepared and drafted and where necessary are authorised by an Act of Parliament.

If there is any doubt as to whether the Governor in Council has legislative authority to exercise a power, the Department or statutory body concerned should seek advice from the Executive Council Secretariat in the first instance.