Administrative Arrangements Order - 23 December 2014

Overview

The Administrative Arrangements Order of 2014, enacted on 23 December 2014 by the Governor-General in Council following the advice of the Prime Minister and the Federal Executive Council, represents a significant administrative restructuring within the Australian government. This legislative instrument aimed to address the need for clearer delineation of responsibilities and enhanced efficiency in government operations by renaming certain Departments of State and clarifying their respective portfolios. The policy objective underpinning this order was to ensure that each Department's name accurately reflects its scope and responsibilities, facilitating better governance and public understanding. As specified in the order, the Department of Education was renamed to the Department of Education and Training, while the Department of Industry was renamed to the Department of Industry and Science. These changes were implemented to more precisely communicate the breadth of issues each department manages, thereby aligning with the government’s broader administrative objectives.

Scope and Application

The Administrative Arrangements Order, C2014G02144, pertains to the allocation and management of responsibilities among the Ministers of State in the Australian government. Issued by the Governor-General in Council, this Order delineates the specific Departments of State, their principal areas of focus, and the legislation each minister administers. This order applies to the entire Commonwealth of Australia and affects the structure and responsibilities of federal departments and ministers. Notably, it revoked all previous administrative arrangements and introduced new ones effective from 23 December 2014, available for reference on the Department of the Prime Minister and Cabinet’s website. This Order impacts the scope of duties and legislative responsibilities of ministers and their respective departments, including renaming certain departments such as the "Department of Education" to the "Department of Education and Training" and the "Department of Industry" to the "Department of Industry and Science." The Order ensures that each minister is clearly assigned to oversee specific legislative and administrative functions, thereby affecting the conduct and operations of government activities across various sectors.

Key Provisions

The Administrative Arrangements Order, particularly as it stands following the changes made on 23 December 2014, sets out the various Departments of State within the Australian government and the primary responsibilities each one oversees. These changes are articulated in section 64 of the Constitution, which empowers the Prime Minister to recommend to the Governor-General changes to the names and responsibilities of the Departments of State (section 64). For instance, the Department of Education has been renamed to the Department of Education and Training, while the Department of Industry has been renamed to the Department of Industry and Science. The obligations imposed by this Administrative Arrangements Order are significant, as they delineate the scope of authority and responsibility for each department. Each department is tasked with managing and implementing policies within its newly defined remit. For example, the Department of Education and Training is responsible for the formulation and execution of policies related to education and vocational training, whereas the Department of Industry and Science is responsible for policies concerning industrial development and scientific research (section 64). The Prime Minister, in consultation with relevant ministers, ensures that each department adheres to these responsibilities. The consequences of failing to comply with the provisions outlined in the Administrative Arrangements Order can be substantial. Although the Order itself does not explicitly detail specific penalties for non-compliance, breaches of the constitutional mandates under section 64 can lead to broader administrative and legal repercussions. These may include judicial review, wherein the actions of the government could be scrutinized by the courts to ensure they adhere to constitutional requirements. Additionally, any resultant mismanagement or failure to fulfil departmental responsibilities could lead to political accountability and potential reshuffles in the administration. The overarching aim is to ensure that each department operates within its defined scope and effectively serves the public interest as mandated by law.