Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 1) 2024
I, Amanda Rishworth, Minister for Social Services, acting in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and all other powers thereunto enabling, as the case requires, hereby authorise Jason Clare, Minister for Education, to exercise, on my behalf, all my powers and functions, including powers and functions conferred on me by any law of the Commonwealth.
This instrument commences on 7 June 2024 and ceases to have effect at the end of 15 June 2024.
Dated 5 June 2024
Amanda Rishworth
Minister for Social Services
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 1) 2024 was enacted to address the need for a temporary delegation of powers within the Social Services Portfolio. Authorised by Amanda Rishworth, the Minister for Social Services, and effective from 7 June 2024 to 15 June 2024, this instrument enables Jason Clare, the Minister for Education, to act on behalf of the Minister for Social Services, exercising all powers and functions conferred by any Commonwealth law. This arrangement is facilitated under sections 19 and 34AAB of the Acts Interpretation Act 1901, ensuring continuity of governance and effective administration within the specified timeframe. The policy objective behind this authorisation is to provide a seamless transition and maintain uninterrupted service delivery during a period when the primary minister is unable to perform their duties.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 1) 2024 provides authority for Jason Clare, the Minister for Education, to exercise the powers and functions of Amanda Rishworth, the Minister for Social Services, as specified in sections 19 and 34AAB of the Acts Interpretation Act 1901. This authorisation is effective from 7 June 2024 and terminates at the end of 15 June 2024, ensuring a seamless transition of responsibilities within the Social Services Portfolio during a defined period. This arrangement facilitates the continuity of governance and legislative oversight within the Commonwealth, enabling the efficient administration of social services and related functions during the temporary delegation of authority.
Key Provisions
The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 1) 2024 (the Authorisation) are straightforward. Under section 1, Amanda Rishworth, the Minister for Social Services, authorises Jason Clare, the Minister for Education, to exercise all her powers and functions in her role for a specific period. This includes any powers and functions conferred upon her by any Commonwealth law. This authorisation is effective from 7 June 2024 and ceases on 15 June 2024.
The obligations and requirements imposed by this Authorisation are primarily procedural and ministerial. Amanda Rishworth, as the Minister for Social Services, must formally delegate her powers and functions to Jason Clare, the Minister for Education, in writing and within the specified timeframe. Jason Clare, as the recipient of this delegation, must accept the delegation and ensure that he exercises these powers and functions within the scope and period specified by Amanda Rishworth. Both ministers must act in accordance with the Acts Interpretation Act 1901 and any other relevant laws that confer powers or functions to the Minister for Social Services.
There are no direct offences, penalties, or civil or criminal consequences outlined in the Authorisation itself for breach of its provisions. However, any misuse of the powers or functions delegated under this Authorisation could potentially lead to broader legal consequences under the Acts Interpretation Act 1901 or other relevant laws. If either minister fails to properly exercise the delegated powers or functions within the specified timeframe or scope, they may face accountability and potential disciplinary action under the general ministerial code of conduct or relevant legislative provisions.
The Authorisation is time-bound, commencing on 7 June 2024 and ceasing at the end of 15 June 2024. This short duration ensures that the delegation is temporary and does not extend beyond the necessary period. The precise commencement and cessation dates are critical for ensuring that the delegation is effective and does not overlap with other ministerial arrangements or duties.