Administrative Arrangements Order - 10 June 2021 and 28 June 2021 amendments

Overview

The Administrative Arrangements Order, as amended on 10 June 2021 and 28 June 2021, outlines the structure and responsibilities of various Departments of State within the Australian government, as well as the legislation they are tasked with administering. Enacted by the Governor-General, acting on the advice of the Federal Executive Council and in accordance with Chapter II of the Constitution, these amendments to the Administrative Arrangements Order of 18 March 2021 aim to ensure the efficient allocation of duties and resources within the government, thereby facilitating more effective policy implementation and governance. The policy objective, as inferred from the amendments, is to streamline the administration of government departments, thereby enhancing the capacity of the government to respond to the nation's evolving needs. The Administrative Arrangements Order, which underwent amendments on 10 June 2021 and 28 June 2021, is an essential instrument in defining the scope and responsibilities of Australian government departments and their respective ministers. By setting out the principal matters each department deals with and the legislation they administer, the Order ensures a clear division of labour and accountability within the government. This legislative instrument was designed to address the need for a flexible and responsive government structure, capable of adapting to the changing demands of policy and administration. The amendments reflect an ongoing commitment to refining the administrative framework to support effective governance and policy delivery.

Scope and Application

The Administrative Arrangements Order, as amended on 10 June 2021 and 28 June 2021, delineates the structure and functions of various departments within the Commonwealth of Australia, outlining the specific responsibilities and legislative oversight of each Minister of State. This Order applies to all Ministers of State and the departments they oversee, encompassing a broad range of policy areas and legislative functions. The amendments introduced through this Order are designed to streamline and enhance the efficiency of the Australian government's administrative operations by reassigning certain portfolios and responsibilities among existing departments. The jurisdictional reach of this Order is national, as it pertains to the overarching governance framework of the Commonwealth and its ministerial arrangements. While the Order itself does not impose specific exclusions or thresholds, its impact on legislation and departmental functions is significant. Additionally, the Order can be further extended or restricted through subordinate instruments, such as regulations or further administrative directions, which may provide more detailed operational guidelines or specific applications of the arrangements outlined in the Order.

Key Provisions

The main operative sections of this legislation (Schedules 1 and 2) pertain to the amendments made to the Administrative Arrangements Order that was initially made on 18 March 2021 (paragraph 1). These amendments were ordered by the Governor-General on 10 June 2021 and 28 June 2021 and came into effect on 10 June 2021 and 1 July 2021, respectively (paragraph 2). The Schedules detail the specific changes to the Departments of State, the principal matters they handle and the legislation administered by each Minister of State. The obligations and requirements imposed by this Act pertain to the rearrangement and reassignment of responsibilities among the Ministers of State as per the amended Administrative Arrangements Order. This includes any changes to the legislative responsibilities and the allocation of matters that each department is to handle (Schedules 1 and 2). The Act mandates that each Minister of State adhere to their newly assigned roles and responsibilities as per the amended Order, ensuring that the legislative, administrative, and operational functions within their purview are carried out effectively. In terms of offences, penalties, or consequences for breach, the Act does not explicitly detail specific penalties for non-compliance with the Administrative Arrangements Order. However, the failure to comply with the provisions of the Order could potentially lead to administrative consequences, including but not limited to, reassignment of duties, ministerial reprimands, or other administrative actions deemed necessary by the Prime Minister or the Federal Executive Council. The maximum penalties or specific civil/criminal consequences are not outlined within the text of this legislation, and would likely be addressed under broader administrative or governmental protocols and legislation.