Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 2) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 2) 2024 was enacted to address the need for seamless continuity of ministerial functions within the Social Services portfolio during periods of ministerial absence or transition. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, the instrument facilitates the delegation of powers and functions from the Hon Amanda Rishworth, Minister for Social Services, to the Hon Julie Collins MP, who assumes these responsibilities as Minister for Housing and Minister for Homelessness, and Minister for Small Business. The policy objective is to ensure that the administration and policy implementation of the Social Services portfolio remains uninterrupted, thereby maintaining public trust and service continuity. This authorisation is effective from 14 July 2024 and will cease to have effect at the end of 20 July 2024, providing a temporary yet essential bridge during a critical period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 2) 2024 applies specifically to the transfer of powers and functions held by the Minister for Social Services to the Hon Julie Collins MP, who is designated to act on behalf of the Minister for Social Services. This authorisation encompasses all powers and functions conferred on the Minister for Social Services by any law of the Commonwealth, and it is limited to the period between 14 July 2024 and 20 July 2024. The authorisation includes the ability to exercise those powers and functions as if the Minister for Social Services were performing them directly. The geographic reach of this instrument is limited to the Commonwealth of Australia, as it pertains to the federal legislative powers and functions. There are no stated exclusions or exemptions within this authorisation, and it does not extend or restrict application through subordinate instruments, as it is a direct ministerial delegation within the specified timeframe.

Key Provisions

The Notifiable instrument F2024N00611, titled Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 2) 2024, outlines the delegation of powers and functions from one minister to another within the Social Services Portfolio. Specifically, section 1 of the instrument authorises the Hon Amanda Rishworth, the Minister for Social Services, to delegate her powers and functions to the Hon Julie Collins MP, who holds the positions of Minister for Housing, Minister for Homelessness, and Minister for Small Business, for a limited period. This delegation is necessary to allow the Minister for Social Services to effectively manage her responsibilities while ensuring that critical functions within her portfolio continue uninterrupted. The delegation is strictly time-bound, commencing on 14 July 2024 and expiring at the end of 20 July 2024. The authorisation is grounded in sections 19 and 34AAB of the Acts Interpretation Act 1901, ensuring that the transfer of authority is legally sound and complies with existing legislative frameworks. The Act imposes specific obligations on the parties involved. The Minister for Social Services, Amanda Rishworth, must ensure that the delegation of her powers and functions is clearly defined and communicated to relevant stakeholders. The Minister for Housing, Julie Collins, must exercise the delegated powers and functions diligently and within the scope of the authorisation. Both ministers are obligated to adhere to the stipulated time frame and ensure that any actions taken during the delegation period are consistent with the overarching objectives of the Social Services Portfolio. Failure to comply with the provisions of this instrument may result in legal consequences. While the specific offences, penalties, or consequences are not detailed within the text of the instrument, breaches of delegation or misuse of powers could potentially lead to legal challenges under the Acts Interpretation Act 1901. Such challenges could result in the nullification of actions taken under the unauthorised delegation and could attract penalties or sanctions as deemed appropriate by the court. It is essential for both ministers to operate within the bounds of their delegated authority to avoid any legal repercussions.