Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 11) 2023

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 11) 2023I, enacted in 2023, addresses the need for streamlined ministerial arrangements within the Social Services Portfolio. Authorised by the Hon Julie Collins MP, Minister for Housing, Minister for Homelessness, and Minister for Small Business, this instrument allows Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry, to act on her behalf concerning specific functions and duties related to social housing, rent assistance, and homelessness. This authorisation, which aligns with subsection 34AAB(1) of the Acts Interpretation Act 1901, is intended to facilitate efficient governance and administration within the department, ensuring continuity of essential services and policies. The instrument is in effect from 25 September 2023 to 29 September 2023, providing a temporary solution to address transitional or operational needs within the specified timeframe.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 11) 2023I pertains to the delegation of specific functions, duties, and powers under certain Acts or provisions of Acts, particularly those related to social housing, rent assistance, and homelessness. This authorisation empowers Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry, to act on behalf of the Hon Julie Collins MP, who holds the positions of Minister for Housing, Minister for Homelessness, and Minister for Small Business. This authorisation is specifically for the period from 25 September 2023 to 29 September 2023, as stipulated by the instrument. The jurisdictional reach of this authorisation is limited to the scope of the Acts and provisions relating to the social housing, rent assistance, and homelessness portfolios within the Department of Social Services, as outlined in the Administrative Arrangements Order. The authorisation does not extend beyond the specified ministerial roles and the timeframe mentioned, ensuring clarity and adherence to the designated ministerial acting arrangements.

Key Provisions

The key provisions of the Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 11) 2023I, as outlined in the notifiable instrument, pertain primarily to the delegation of authority between two ministers within the Australian government. According to section 1 of the instrument, the Hon Julie Collins MP, who holds the positions of Minister for Housing, Minister for Homelessness, and Minister for Small Business, authorises Senator the Hon Murray Watt, the Minister for Agriculture, Fisheries, and Forestry, to act on her behalf in the performance of her functions and duties related to social housing, rent assistance, and homelessness (s 1). This authorisation is under subsection 34AAB(1) of the Acts Interpretation Act 1901 and is specific to the powers and duties associated with the Department of Social Services as outlined in the Administrative Arrangements Order. The obligations imposed by this Act are primarily administrative and pertain to the formal delegation of authority. Julie Collins MP, as the principal minister, must formally authorise any delegation of her powers to another minister, ensuring that the authorisation is specific and within the bounds of the legislation. This process ensures that the acting minister, Murray Watt, can effectively perform the duties and exercise the powers necessary for the administration of social housing, rent assistance, and homelessness programs without a lapse in governance or authority (s 1). The instrument is designed to maintain continuity in ministerial responsibilities during temporary absences or other circumstances where a delegation of authority is necessary. In terms of consequences for non-compliance or breaches, the instrument does not explicitly outline specific offences or penalties within its text. However, any failure to properly follow the authorisation process could potentially lead to legal challenges regarding the validity of actions taken by the acting minister. Such challenges could result in judicial review or other legal consequences, depending on the circumstances and the specific laws governing ministerial actions and delegations of authority. While the notifiable instrument itself does not specify maximum penalties, any legal repercussions would likely be determined in the context of broader administrative and constitutional law principles.