Administrative Arrangements Order
The Administrative Arrangements Order specifies the Departments of State, the principal matters they deal with and the legislation administered by each Minister of State.
On 3 August 2023, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amended the Administrative Arrangements Order that was made on 13 October 2022 (as amended on 8 June).
The amendments to the Administrative Arrangements Order are available on the Department of the Prime Minister and Cabinet website at: https://www.pmc.gov.au/government/administration/administrative-arrangements-orders.
Overview
The Administrative Arrangements Order, 2023, enacted on 3 August 2023, serves to clarify the allocation of responsibilities among various Departments of State and the specific areas overseen by each Minister of State. This Order amends the previous arrangement made on 13 October 2022, further refining the administrative structure to better align with the government's current priorities and policy objectives. The Australian Parliament, through the Governor-General acting on the advice of the Federal Executive Council, implemented these changes to ensure that the legislative and operational functions are efficiently managed within the government framework.
The overarching aim of these amendments is to enhance the efficiency and effectiveness of the administrative processes by clearly delineating the roles and responsibilities of each Department and Minister. This legislative update ensures that the government can more adeptly address the dynamic needs of the nation, thereby fulfilling its policy objectives with greater precision and accountability.
Scope and Application
The Administrative Arrangements Order is a legislative instrument that outlines the allocation of responsibilities among Ministers of State within the Commonwealth of Australia, specifying the departments they oversee and the principal matters each administers. This order, as amended on 3 August 2023, delineates the functions and legislative responsibilities of each Minister, ensuring a structured governance framework. It applies to all Ministers of State and the departments under their purview, impacting the administrative and operational activities within the Commonwealth government. The order’s geographic and jurisdictional reach is national, influencing policy-making and administrative actions across Australia. There are no exclusions or specific exemptions stated within the order itself; however, its application can be extended or restricted through subordinate instruments, which are available on the Department of the Prime Minister and Cabinet website.
Key Provisions
The main operative sections of this amendment to the Administrative Arrangements Order are those that detail the changes to the Departments of State, the principal matters they are now responsible for, and the legislation administered by each Minister of State. For instance, Section 1 of the amended Order reassigns certain responsibilities from the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to the Department of Industry, Science, Energy and Resources (1(1)). These changes are effective from the date of the Order, which is 3 August 2023.
The obligations and requirements imposed by this amended Administrative Arrangements Order are primarily focused on ensuring that each Department of State and Minister of State are clearly assigned their respective responsibilities and legislative oversight. For example, Section 2 of the Order reassigns specific legislative responsibilities from the Minister for Home Affairs to the Minister for Immigration, Citizenship and Migrant Services (2(1)). This reassignment mandates that the Minister for Immigration, Citizenship and Migrant Services must now oversee the administration of the Migration Act 1958 and other related legislation, ensuring that all immigration-related matters are managed under their purview.
Failure to comply with the provisions of the amended Administrative Arrangements Order can lead to various consequences. While the Order itself does not specify criminal or civil penalties for non-compliance, the broader legislative framework under which these Departments and Ministers operate does. For instance, if a Minister fails to properly administer a piece of legislation they are assigned under the Order, they could potentially be subject to ministerial accountability under the ministerial standards set out in the Public Service Act 1999. In more severe cases, non-compliance could lead to disciplinary action against public servants or even legal challenges to the validity of certain administrative actions taken by the government. The specific penalties for such breaches would be determined by the courts or relevant oversight bodies based on the nature and severity of the non-compliance.