When a statutory body is abolished and replaced by a successor under transitional provisions, the word 'liabilities' in a transfer clause confined to 'assets, rights and liabilities' does not transfer responsibility for the predecessor's conduct of disciplinary proceedings to the successor; it is limited to contractual obligations. Delegations made in breach of s 17(1)(c)(ii) of the Public Sector (Honesty and Accountability) Act 1995 (SA) are unlawful but not invalid, as the provision is directed at honesty and accountability in decision-making rather than at invalidating the exercise of power. Mandamus will be refused as futile where the statutory duty sought to be compelled has since been performed.
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