Administrative Arrangements Act 1987

Overview

The Administrative Arrangements Act 1987, enacted by the Australian Parliament, was designed to address the need for flexibility in the administrative arrangements of the Australian Government. This Act aimed to streamline and update the legislative framework by amending the Acts Interpretation Act 1901 and the Public Service Act 1922. Specifically, it allowed for modifications to legal instruments and departmental structures in response to the administration of multiple departments by a single Minister or a department being administered by multiple Ministers. The policy objective was to facilitate efficient governance by providing the necessary regulatory adjustments to accommodate changing administrative needs. This Act, which came into operation on the day of Royal Assent, included provisions for the Governor-General to make regulations modifying Acts as necessary. Part II of the Act, however, commenced on 24 July 1987. The Administrative Arrangements Act 1987 was repealed by the Administrative Arrangements (Transitional Provisions) Act 2012, effective from 22 September 2012, with certain saving provisions noted in the repealing Act.

Scope and Application

The Administrative Arrangements Act 1987 applies to the Commonwealth of Australia and provides mechanisms to facilitate changes in the administrative arrangements of the government, particularly concerning the Acts Interpretation Act 1901 and the Public Service Act 1922. The Act enables the Secretary of a Department to designate Senior Executive Service (SES) employees or acting SES employees to be referred to as the Secretary in certain instruments, ensuring that administrative functions can continue smoothly even when the specific Secretary is not named. Additionally, the Act allows for the modification of Acts through regulations to accommodate situations where a Minister administers multiple Departments or where a Department is administered by multiple Ministers. This Act's jurisdictional reach is confined to the Commonwealth level and it has been repealed as of 22 September 2012, with specific saving provisions detailed in the Act that replaced it. The Act also includes provisions for the Governor-General to make regulations modifying Acts for up to one year after its commencement.

Key Provisions

The Administrative Arrangements Act 1987 primarily focuses on amending the Acts Interpretation Act 1901 and the Public Service Act 1922. It includes specific provisions that alter administrative arrangements, particularly concerning the roles and responsibilities within departments and the government. Section 19 of the Act allows the Secretary of a Department to declare, via a written notice in the Gazette, that references to the Secretary in certain instruments should be interpreted as referring to a specified Senior Executive Service (SES) employee or acting SES employee. This provision is intended to clarify and streamline administrative processes by identifying specific individuals in key roles (Section 19(1)). The Act imposes obligations on the Secretary of a Department to publish such declarations in the Gazette, ensuring transparency and clarity in administrative instruments (Section 19(2)). Furthermore, the Governor-General is empowered to make regulations necessary for modifications in Acts due to a Minister administering multiple Departments or a Department being administered by multiple Ministers (Section 20). These regulations aim to address any administrative complexities that may arise from such arrangements. Breaches of the provisions outlined in the Act may lead to legal consequences, although specific offences, penalties, or consequences are not detailed within the text of the Act itself. The overarching principle is that adherence to the Act's provisions is necessary to maintain the integrity and efficiency of administrative processes. Given the repealed nature of the Act, the specific legal consequences for non-compliance would need to be examined within the context of any successor legislation or relevant legal frameworks in place at the time of potential breach.