Administrative Arrangements Order - 20 December 2017 amendment and renaming of Departments of State

Overview

The Administrative Arrangements Order, enacted through C2017G01401 (Gazette), was introduced to specify the Departments of State within the Australian government, outlining their principal matters and the legislation they administer. This particular amendment, made on 20 December 2017, was a result of the Governor-General acting on the advice of the Federal Executive Council, following the Prime Minister's recommendation under section 64 of the Constitution. The changes involved renaming several Departments of State to better reflect their functions and roles. For instance, the Department of Employment was renamed the Department of Jobs and Small Business, the Department of Immigration and Border Protection became the Department of Home Affairs, and the Department of Infrastructure and Regional Development was renamed the Department of Infrastructure, Regional Development and Cities. This restructuring aims to streamline governmental operations and more accurately represent the scope of each department’s responsibilities.

Scope and Application

The Administrative Arrangements Order, as amended on 20 December 2017, delineates the responsibilities and the legislative matters overseen by each Minister of State within the Australian government. This Order, which is a constitutional instrument, specifies the renaming of certain Departments of State, reflecting shifts in governmental focus and priorities. The Department of Employment has been renamed the Department of Jobs and Small Business, signifying an expanded mandate that includes not only employment but also the fostering of job creation and support for small businesses. Similarly, the Department of Immigration and Border Protection has been rechristened as the Department of Home Affairs, a change that underscores a broader remit encompassing immigration, border security, and possibly other aspects of domestic policy. Additionally, the Department of Infrastructure and Regional Development has been renamed the Department of Infrastructure, Regional Development and Cities, highlighting an emphasis on urban development alongside regional and infrastructural concerns. This Order applies to the Commonwealth level, impacting the entire nation, and is pivotal in shaping the administrative structure and legislative framework of the Australian government. The Order does not explicitly mention exclusions or thresholds but rather reassigns responsibilities and nomenclature to better align with contemporary policy objectives. The scope and application of these departmental changes are further refined through subordinate instruments, which may provide additional details or specific operational guidelines.

Key Provisions

The Administrative Arrangements Order (C2017G01401) delineates the structure of the Australian government by specifying the Departments of State, their principal responsibilities, and the legislation each Minister of State oversees. This particular order, which came into effect on 20 December 2017, was issued by the Governor-General on the advice of the Federal Executive Council, following a recommendation by the Prime Minister under section 64 of the Constitution. The order also includes a renaming of several Departments of State, as outlined in the Schedule of amendments available on the Department of the Prime Minister and Cabinet's website. The renaming of departments, as per the order, involves the Department of Employment becoming the Department of Jobs and Small Business, the Department of Immigration and Border Protection becoming the Department of Home Affairs, and the Department of Infrastructure and Regional Development becoming the Department of Infrastructure, Regional Development and Cities. These changes reflect the evolving focus and responsibilities of each department within the government. The Department of Jobs and Small Business, for instance, now incorporates a broader focus on job creation and support for small businesses, while the Department of Home Affairs has a more comprehensive role in managing immigration and border protection. The obligations and requirements imposed by this Administrative Arrangements Order include the restructuring and re-focusing of each department to align with their new names and responsibilities. Each department must now operate within the new mandates outlined in the order, which may involve changes to their operations, policies, and focus areas. For example, the Department of Home Affairs must now handle a wider range of responsibilities related to national security and border control, in addition to immigration. In terms of offences, penalties, or consequences for non-compliance, the Administrative Arrangements Order itself does not specify any penalties. However, the departments and ministers affected by the order must ensure they adhere to their newly defined roles and responsibilities. Failure to do so could potentially lead to administrative or procedural issues, but the specific legal consequences would depend on the nature and extent of the non-compliance. The implications of non-compliance would likely be addressed through internal government processes and the relevant legislation governing each department's activities.