Administrative Arrangements Order - 2 April 2020 amendment

Overview

The Administrative Arrangements Order, which was enacted as a result of advice from the Federal Executive Council and action by the Governor-General, was amended on 2 April 2020. This amendment, effective from 1 February 2020, followed an earlier modification on 5 March 2020. The purpose of this administrative order is to specify the departments of state, their principal responsibilities, and the legislation managed by each Minister of State. This legislative mechanism facilitates the organisation and operational structure of the Australian Government, ensuring that responsibilities are clearly delineated and effectively managed. The details of these amendments can be accessed via the Department of the Prime Minister and Cabinet website, providing transparency and insight into the administrative changes implemented by the government.

Scope and Application

The Administrative Arrangements Order, as amended, details the allocation of various Departments of State and their respective portfolios, alongside the legislative responsibilities of each Minister of State. This particular Order, effective from 1 February 2020 and subsequently amended on 5 March 2020, delineates the responsibilities within the Australian government, ensuring that each Minister is tasked with specific areas of policy and legislative oversight. The Order encompasses a broad range of legislative matters and is integral to the governance structure of the Commonwealth, ensuring that each department operates within its designated scope and that legislative responsibilities are clearly defined. The amendments reflect changes in government priorities or the creation of new roles to address emerging issues. For detailed information regarding the specific changes made to the Order, one can refer to the Schedule of amendments available on the Department of the Prime Minister and Cabinet's website.

Key Provisions

The amended Administrative Arrangements Order (C2020G00297) specifies the Departments of State and the principal matters they deal with, as well as the legislation administered by each Minister of State. These changes came into effect from 1 February 2020, following the Governor-General's amendment on 2 April 2020, with the advice of the Federal Executive Council. The latest amendments were made on 5 March 2020, and the full schedule of changes can be found on the Department of the Prime Minister and Cabinet's website. The Administrative Arrangements Order outlines the responsibilities of each Department of State and the legislation they are responsible for administering. It ensures a clear division of labour and accountability within the government by assigning specific areas of focus and legislative oversight to individual Ministers. The Order also includes provisions for the allocation of parliamentary secretaries and the establishment of inter-departmental committees where necessary. Ministers and their departments have specific obligations under the Administrative Arrangements Order. They must ensure that the legislation and policies within their purview are effectively managed and implemented. This includes regular reporting to Parliament on the performance and outcomes of their respective departments. Additionally, Ministers are required to collaborate with other departments and agencies as necessary to achieve overarching government objectives. Failure to comply with the requirements of the Administrative Arrangements Order may result in various consequences, depending on the nature and severity of the breach. While the Order itself does not specify penalties for non-compliance, breaches of administrative law principles, such as those that might arise from misallocation of responsibilities or improper delegation, can lead to judicial review or other legal actions. Additionally, if actions taken under the Order result in violations of other legislation, such as the Public Service Act or the Commonwealth Authorities and Companies Act, the usual penalties for those breaches would apply. In summary, the Administrative Arrangements Order is a critical instrument for defining the roles and responsibilities of government departments and ministers. It mandates clear lines of accountability and ensures efficient governance by allocating specific areas of legislative focus to individual Ministers. Non-compliance with these provisions can lead to significant legal and administrative consequences, highlighting the importance of adherence to the Order’s directives.