Administrative Arrangements Order - 27 October 2016 amendment

Overview

The Administrative Arrangements Order, 2016, issued on 27 October 2016, represents an amendment to the original order made on 1 September 2016, and is instrumental in defining the scope of responsibilities and the legislative oversight of each Minister of State within the Australian government. This order was enacted by the Governor-General of the Commonwealth of Australia, pursuant to advice from the Federal Executive Council, to ensure efficient and clear delineation of ministerial duties. It addresses the need for a well-organised administrative framework that can effectively manage the diverse legislative matters and departmental functions under the purview of the federal government. The policy objective underpinning this order is to enhance the governance structure by clearly assigning responsibilities and thereby ensuring accountability and streamlined administration. The full details of the amendments can be accessed on the Department of the Prime Minister and Cabinet's website.

Scope and Application

The Administrative Arrangements Order, amended on 27 October 2016, is an instrument that delineates the responsibilities of various Departments of State within the Australian government and assigns specific legislative matters to individual Ministers of State. This Order serves as a foundational administrative framework, articulating the allocation of portfolios and the legislative responsibilities of each Minister, thereby ensuring a structured approach to governance and policy implementation. The Order applies to all Federal departments and ministers, establishing the scope of their authority and the specific areas of legislation and policy they are tasked with overseeing. Its jurisdictional reach is confined to the Commonwealth of Australia, influencing the administrative and legislative functions across the national government. The Administrative Arrangements Order does not itself create new laws or alter existing legislative provisions but instead provides a clear organisational structure for the administration of these laws. The Order does not specify exclusions, exemptions, or thresholds; rather, it serves to clarify and delineate the scope of application for existing legislation by assigning responsibility for its administration and oversight to particular ministers and departments. This administrative clarity ensures that each department and minister is aware of their specific legislative and policy responsibilities, thereby facilitating effective governance and policy implementation. Any extensions or restrictions to the application of the Order are typically managed through subordinate instruments, which may further specify the operational details and administrative protocols within the designated departments and ministerial portfolios.

Key Provisions

The main sections of the Administrative Arrangements Order (AAO) detail the allocation of various Departments of State to specific Ministers, outlining the portfolio responsibilities of each Minister (Section 1). The AAO delineates the legislative responsibilities of each Minister, ensuring clarity in governance and accountability within the federal government. For instance, Section 2 assigns the Department of Home Affairs to the Minister for Home Affairs, while Section 3 may provide additional details on the scope of legislative matters under the purview of the assigned Minister. Each section in the AAO serves to formally assign and clarify the administrative and legislative duties of each Minister and their respective departments. The obligations imposed by the AAO on the parties and entities it governs are primarily administrative and procedural. Ministers and their departments are required to adhere to the delineated portfolio responsibilities and legislative mandates as outlined in the AAO (Section 4). This includes ensuring that all legislative and administrative actions are within the scope of their assigned portfolios, and that they are carried out efficiently and effectively. The order demands that departments coordinate with other relevant entities and Ministers where necessary, ensuring seamless governance and implementation of policies and laws. The Administrative Arrangements Order itself does not create specific offences or penalties for non-compliance, as it is more of an administrative directive rather than a legislative statute with punitive measures. However, breaches of the order’s provisions could potentially lead to administrative actions or reassignments if a Minister or department fails to adhere to their assigned responsibilities. Such failures might also result in broader political and administrative consequences, although these are not explicitly detailed within the text of the AAO. The consequences for not following the directives of the AAO are generally addressed through internal government mechanisms rather than through statutory penalties.