Administrative Arrangements Order - 12 December 2013

Overview

The Administrative Arrangements Order 2013 was enacted on 12 December 2013, and it serves to specify the Departments of State in Australia, their respective areas of responsibility, and the legislation each Minister of State administers. This Order was issued under the authority of the Governor-General in Council, and it replaced all prior administrative arrangements. By providing a clear framework for the distribution of responsibilities among the various departments and ministers, the Order aims to enhance the efficiency and effectiveness of the Australian government's administrative functions. It is accessible on the Department of the Prime Minister and Cabinet’s website, reflecting its foundational role in shaping the administrative landscape of the nation.

Scope and Application

The Administrative Arrangements Order, specified by C2013G01867, delineates the Departments of State within the Australian government, outlining the principal matters each department handles and the legislation they administer. This order applies to all Ministers of State, who are responsible for their respective departments and the policies and legislation under their purview. The jurisdictional reach of this order is national, as it encompasses the entire Commonwealth of Australia, thereby affecting all federal government departments and their operations. The order does not explicitly state exclusions, exemptions, or thresholds but rather sets out the administrative framework within which all federal departments must operate. Subordinate instruments may further extend or detail the application of this order, ensuring that the administration of government functions is organised and efficient. The most recent iteration of the order, issued on 12 December 2013, supersedes all previous administrative arrangements and can be accessed on the Department of the Prime Minister and Cabinet's website.

Key Provisions

The Administrative Arrangements Order, as made on 12 December 2013, delineates the various Departments of State within the Australian government, the principal matters each department is responsible for, and the legislation each Minister of State administers (s. 1). This order effectively assigns specific portfolios to Ministers, outlining their areas of responsibility and the laws they are tasked with managing. This provides a clear structure for the governance and administration of government functions, ensuring accountability and efficient management of legislative responsibilities. The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that each Minister of State adhere to the assigned responsibilities and ensure that the matters within their portfolio are managed effectively. This includes overseeing the relevant legislation and policies, making decisions that align with government objectives, and ensuring that the department operates within legal and ethical boundaries (s. 2). Additionally, Ministers are required to report on the performance and outcomes of their department, providing transparency and accountability to the public and Parliament. These obligations ensure that each department functions efficiently and that the government as a whole operates in a structured and accountable manner. Breach of the provisions outlined in the Administrative Arrangements Order can lead to various civil and criminal consequences. While the Order itself does not specify particular offences or penalties, the responsibilities and duties of Ministers can be subject to scrutiny by parliamentary committees and other oversight bodies. Failure to meet the obligations or manage responsibilities effectively can result in public criticism, potential loss of political support, or even legal action if it is found that a Minister has acted outside their authority or breached the law. Furthermore, if a Minister is found to have breached any related legislation they are responsible for, they may face penalties as stipulated in those specific laws, which can include fines or imprisonment depending on the severity of the offence. The overarching aim is to ensure that Ministers and their departments adhere to their assigned roles and responsibilities, maintaining the integrity and efficiency of the government.