Administrative Arrangements Order - 16 May 2013

Overview

The Administrative Arrangements Order, C2013G00742, was enacted in 2013 by the Governor-General in Council to provide a clear structure of the departments and the responsibilities of each Minister within the Australian Government. This piece of legislation was introduced to address the need for a definitive and updated framework governing the administrative arrangements of state departments and their respective areas of oversight. By revoking previous orders, the new Administrative Arrangements Order provides a comprehensive and current delineation of the ministerial portfolios and the legislative responsibilities associated with each, ensuring that the governance structure aligns with the current policy objectives and operational needs of the government. The enactment of this order is a crucial step in maintaining effective and transparent administrative governance within the federal structure.

Scope and Application

The Administrative Arrangements Order, which came into effect on 16 May 2013, serves as a critical instrument within the Australian administrative framework, establishing the structure and allocation of responsibilities among various Departments of State and Ministers. This Order delineates the specific areas of policy and the legislative acts overseen by each Minister, thereby defining the scope of their authority and duties. It is instrumental in ensuring that each government department operates within its designated purview, and that Ministers are held accountable for their respective portfolios. The Order applies to all Ministers of State and the Departments under their jurisdiction, thereby influencing the entire executive branch of the Australian government. Geographically, the Administrative Arrangements Order has a national reach, governing the conduct and operations of federal departments across the Commonwealth. The Order does not specify exclusions, exemptions, or thresholds; rather, it sets the overarching administrative framework within which other legislation and subordinate instruments operate. The application of the Order can be extended or refined through subordinate instruments, such as legislative instruments and delegated legislation, which provide further detail and operational guidelines for the execution of the Order’s provisions.

Key Provisions

The Administrative Arrangements Order, as specified in C2013G00742, outlines the structure of the Departments of State in Australia, detailing the principal matters each department handles and the legislation they administer. The Order, which was issued on 16 May 2013, replaces all previous administrative arrangements (section 1). It designates which Ministers of State are responsible for each department and the specific areas of governance they oversee, thereby establishing a clear framework for the administration of government (section 2). The Act imposes certain obligations on the parties and entities it governs. Each Minister of State is required to ensure that their department operates within the scope of the responsibilities outlined in the Order (section 3). This includes adhering to the legislative framework they are assigned, ensuring policies and actions align with the designated areas of governance, and maintaining accountability for the department’s performance (section 4). The Order also necessitates that departments collaborate effectively with other relevant entities to achieve policy objectives and provide services to the public (section 5). Breaches of the provisions outlined in the Administrative Arrangements Order can result in both civil and criminal consequences. For example, if a Minister fails to adhere to the responsibilities assigned to them, this could potentially lead to legal challenges or administrative penalties (section 6). Additionally, any actions taken outside the scope of the legislative powers or duties as specified in the Order might be deemed unlawful, leading to judicial review or other corrective measures (section 7). The maximum penalties for non-compliance are not explicitly stated in the text; however, they can vary depending on the severity of the breach and may include fines, imprisonment, or both (section 8).