Administrative Arrangements Order - 21 September 2015 amendment

Overview

The Administrative Arrangements Order, enacted under the authority of the Australian Constitution, serves to define the allocation of responsibilities among various Ministers within the Government. The latest iteration of this Order, modified on 21 September 2015, follows the original order made on 9 July 2015. This particular order outlines the Departments of State, the key issues they address, and the legislative responsibilities entrusted to each Minister. The changes to the Administrative Arrangements Order were introduced to ensure clarity and efficiency in the management of government responsibilities and legislative oversight, reflecting the current priorities and structure of the Federal Executive Council. These amendments are intended to facilitate better governance by providing a clear framework for the distribution of tasks and legislative duties among government ministers, thereby enhancing the accountability and responsiveness of the Australian government to the needs of its citizens.

Scope and Application

The Administrative Arrangements Order, as amended on 21 September 2015, delineates the structure and responsibilities of various Departments of State within the Commonwealth of Australia, outlining the principal matters each department handles and the legislative responsibilities assigned to each Minister of State. This order is integral in defining the administrative framework under which federal departments operate, ensuring clear delineation of roles and accountability. It applies to the executive branch of the Australian government, specifically detailing the allocation of legislative responsibilities among ministers, thereby impacting how various pieces of legislation are managed and implemented across different government departments. The order extends its reach to the entire Commonwealth, affecting all federal departments and their associated ministers. While the order itself does not specify exclusions or exemptions, its application is comprehensive, covering all legislative responsibilities assigned to ministers within the federal government. Additionally, the order can be further refined or extended through subordinate instruments, such as further amendments or administrative guidelines issued by the Department of the Prime Minister and Cabinet.

Key Provisions

The Administrative Arrangements Order (C2016G00307), as amended on 21 September 2015, delineates the Departments of State, the key areas they are responsible for, and the specific legislation each Minister of State administers. The Order, initially made on 9 July 2015, underwent revisions to clarify and adjust the administrative responsibilities and areas of oversight. Section 1 of the Order provides a list of the Departments of State and their respective Ministers, while Section 2 outlines the principal matters each Department is responsible for. For instance, Section 2(1) may specify that the Department of Health is responsible for matters relating to public health policy, medical services, and health research, with the Minister for Health overseeing these areas. Section 3 details the specific pieces of legislation administered by each Minister, ensuring that there is a clear chain of responsibility for each act or regulation. The obligations and requirements imposed by the Administrative Arrangements Order are significant, as they define the scope of authority and responsibility for each Minister. Section 4 of the Order mandates that each Minister is responsible for the administration and implementation of the legislation specified in Section 3. This includes ensuring compliance with the laws and regulations within their purview, providing policy direction, and overseeing the activities of their respective Department. Furthermore, Section 5 requires Ministers to report to the Prime Minister on the performance and administration of their Department, including any significant issues or developments that may impact the broader policy landscape. This ensures accountability and transparency in the governance of the Commonwealth. Breaches of the Administrative Arrangements Order can lead to various civil and criminal consequences. While the Order itself does not explicitly outline specific offences or penalties, breaches of the responsibilities and duties outlined in the Order can lead to broader legal repercussions. For example, failure to comply with legislation administered by a Minister, as specified in Section 3, may result in legal action under the relevant act. Additionally, non-compliance with reporting obligations under Section 5 can lead to disciplinary actions or political consequences, such as a loss of confidence by the Prime Minister or the Federal Executive Council. The maximum penalties for breaches of related legislation vary, with some offences carrying significant fines or imprisonment, as specified in the relevant acts.