Administrative Arrangements Order - 30 November 2017 amendment

Overview

The Administrative Arrangements Order, 2017, issued by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, amends the original order made on 1 September 2016. This Order specifies the Departments of State, their principal responsibilities, and the legislation administered by each Minister of State. The purpose of this amendment is to reflect the current structure and responsibilities of government departments and ministers, ensuring that the administration of the Commonwealth is organised efficiently and effectively. The amendments are designed to address any changes in government priorities, departmental functions, or the allocation of responsibilities among ministers. The Administrative Arrangements Order is an essential instrument for the orderly governance of Australia, providing clarity on the roles and jurisdictions of the various government entities involved in the administration of the country. The changes made by this Order are intended to streamline the allocation of responsibilities within the government, ensuring that each department and minister is clearly defined in their duties and the legislation they oversee. This enhances the accountability and transparency of the government’s operations, facilitating better governance and more effective policy implementation. The Schedule of amendments can be accessed on the Department of the Prime Minister and Cabinet’s website, providing a comprehensive overview of the adjustments made to the Administrative Arrangements Order.

Scope and Application

The Administrative Arrangements Order, as amended on 30 November 2017, applies to the organisation and administration of the Australian Government by detailing the responsibilities of Ministers of State, including those who administer specific pieces of legislation. This particular amendment to the Order, which was originally made on 1 September 2016, pertains to the allocation of administrative duties within the Commonwealth's Departments of State and the legislative frameworks overseen by each Minister. The Order delineates the principal matters each department is tasked with and the specific Acts they are responsible for administering. This arrangement ensures clarity in governance and accountability within the federal government, facilitating effective management and oversight of various legislative and administrative functions. The amended Administrative Arrangements Order impacts all individuals and entities subject to the legislation administered by the relevant Ministers, including those operating within the sectors overseen by the designated Departments of State. The jurisdictional reach of this Order is inherently national, as it pertains to the federal government's structure and operation. There are no explicit exclusions or exemptions detailed within the Order itself, although the specific Acts administered by each department may contain their own provisions regarding exclusions or exemptions. The applicability of the Order is further extended through subordinate instruments, which may provide additional detail or clarification on the administrative and legislative responsibilities outlined in the primary Order. The comprehensive list of amendments and the detailed Schedule are accessible on the Department of the Prime Minister and Cabinet website.

Key Provisions

The Administrative Arrangements Order (C2017G01301) primarily details the Departments of State, the principal matters they handle, and the legislation overseen by each Minister of State. This Order, which was amended on 30 November 2017, outlines the distribution of responsibilities across the various government departments and ministers, ensuring that each portfolio is clearly defined in terms of its duties and the laws it administers. This is crucial for the efficient functioning of the government, as it delineates the scope of each department and the specific legislative frameworks they must manage (Schedule 1). Under this Order, each Minister of State is assigned specific responsibilities and the legislative acts they are required to administer. This assignment is intended to ensure that there is a clear chain of accountability and that each minister has the necessary authority and resources to fulfil their duties effectively. For instance, a Minister may be responsible for a particular department that deals with issues such as health, defence, or education, and must oversee the relevant legislation that governs these areas (Schedule 1). Additionally, the Order helps in preventing overlaps or gaps in responsibilities, which can lead to inefficiencies or legal ambiguities. The obligations imposed by the Administrative Arrangements Order on the parties it governs include adherence to the assigned responsibilities and ensuring that the respective departments operate within the scope defined by the Order. Each Minister is expected to maintain a close relationship with their department, ensuring that policies and laws are implemented effectively and in line with the government's objectives. This involves regular communication and oversight to ensure that departmental activities are aligned with the broader goals of the government. Furthermore, the Order mandates that departments must report on their activities and performance, providing transparency and accountability to the public and the Parliament (Schedule 1). There are no explicit offences or penalties outlined in the Administrative Arrangements Order itself. However, breaches of the Order can lead to significant consequences, particularly if they result in the misadministration of legislation or failure to meet statutory obligations. Such breaches can lead to investigations by parliamentary committees, potential ministerial accountability, and even the possibility of ministerial resignation if the failures are deemed significant. Additionally, while the Order itself does not stipulate specific penalties, the actions resulting from non-compliance could attract penalties under the relevant legislation being administered by the ministers, which may include fines, imprisonment, or other legal repercussions. The exact consequences would depend on the nature and severity of the breach and the specific provisions of the related legislation.