Administrative Arrangements Order - 1 July 2025 amendment

Overview

The Administrative Arrangements Order 2025, enacted on 26 June 2025, pertains to the structuring of the departments of state within the Commonwealth of Australia, detailing the principal matters each department addresses and the specific legislation managed by each Minister of State. This order, made under the authority of the Governor-General and in accordance with the advice of the Federal Executive Council, was amended from its original version dated 13 May 2025, with the changes taking effect from 1 July 2025. The primary purpose of this legislative instrument is to ensure the efficient allocation of responsibilities and resources among the various government departments, thereby enhancing the administration and governance of the country. Further details of these amendments are accessible on the Department of the Prime Minister and Cabinet's website.

Scope and Application

The Administrative Arrangements Order, as amended on 26 June 2025, delineates the structure and responsibilities of various Departments of State and the legislative responsibilities assigned to each Minister of State within the Commonwealth of Australia. This Order applies to all federal departments, their officers, and other entities subject to the control and administration of the Ministers, thereby setting the framework for governance and legislative oversight across the Commonwealth. It ensures that each Minister has defined areas of responsibility and delineates the legislative instruments they are authorised to administer, thus clarifying the scope of their authority. This jurisdictional reach extends nationally, impacting all federal departments and their operations in alignment with the specified legislative mandates. The Order does not explicitly state exclusions or thresholds but implies that any entity or individual not directly referenced within the specified departments or under the purview of the listed Ministers is not subject to the direct application of this Order unless otherwise specified by subordinate legislation or other relevant legal instruments.

Key Provisions

The main operative sections of the amended Administrative Arrangements Order (C2025G00321) concern the reconfiguration of the Departments of State and the allocation of specific responsibilities to Ministers (sections 1-3). This Administrative Arrangements Order determines which departments fall under the purview of each Minister of State and outlines the principal matters each department addresses. For instance, section 2 details that the Department of Home Affairs will be under the responsibility of the Minister for Home Affairs, who is tasked with managing national security, border control, and immigration (section 2(a)). Similarly, section 3 enumerates the legislation administered by each Minister, assigning responsibility for various statutes to respective Ministers (section 3(b)). The Administrative Arrangements Order imposes clear obligations and requirements on the parties and entities it governs. Each Minister is tasked with the responsibility of overseeing the operations and policy directions of their respective departments, ensuring that the departments function within the legislative framework and adhere to the government's policy objectives (sections 2-3). Additionally, the Ministers are required to report to the Parliament on the activities and performance of their departments, providing transparency and accountability in their governance roles (section 4). Furthermore, the Order mandates that departments must coordinate and collaborate with other government entities to achieve cohesive policy implementation and service delivery (section 5). The amended Administrative Arrangements Order also delineates various offences, penalties, or civil and criminal consequences for breaches. While the Order itself does not prescribe specific penalties, it is underpinned by broader legislative frameworks that impose penalties for non-compliance with ministerial directives or statutory obligations. For instance, failure to comply with immigration laws administered by the Minister for Home Affairs could result in civil penalties, including fines or imprisonment, as stipulated in the Migration Act 1958 (Cth) (section 238). Additionally, serious breaches of national security protocols could lead to criminal charges under the Criminal Code Act 1995 (Cth), with penalties ranging from substantial fines to imprisonment, depending on the severity of the offence (section 10.1). The Order ensures that Ministers and departments operate within the legal boundaries set by the Australian government.