Administrative Arrangements Order - 30 September 2015

Overview

The Administrative Arrangements Order 2015 (C2016G00306) was enacted to clarify the allocation of responsibilities among the Ministers in the Australian Government, thereby ensuring a streamlined and efficient administrative framework. This Act was introduced to address the need for clear delineation of duties and jurisdictions within the executive branch of the government. It was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and its primary objective is to provide an updated framework for the organisation of departments and the legislative responsibilities of each Minister of State. The 2015 Order, which replaced all previous arrangements, is intended to enhance the effectiveness and accountability of the government by specifying which departments handle specific matters and the legislation each Minister oversees.

Scope and Application

The Administrative Arrangements Order, as detailed in the Gazette C2016G00306, is an instrumental instrument in the Australian governmental structure, outlining the allocation of administrative responsibilities among the Ministers of State. This Order, issued by the Governor-General and based on the advice of the Federal Executive Council, delineates the specific Departments of State and the principal matters they oversee, as well as the legislative acts they administer. On 30 September 2015, a comprehensive revision of all prior administrative arrangements was enacted, resulting in the current Order which is accessible on the Department of the Prime Minister and Cabinet's website. The Order applies to the entire Commonwealth of Australia, ensuring that the administrative and legislative functions are clearly assigned and understood across all federal departments. This comprehensive approach aids in the efficient governance and management of public affairs by delineating the scope and boundaries of each Minister's responsibilities. The Act itself does not detail specific exclusions or thresholds but instead provides a framework within which subordinate instruments and further legislative details may be developed.

Key Provisions

The Administrative Arrangements Order (C2016G00306) outlines the various Departments of State, the key areas they are responsible for, and the legislation they administer. As of 30 September 2015, the Governor-General, acting with the advice of the Federal Executive Council, revoked all previous administrative arrangements and issued a new order (Section 1). This new order is available on the Department of the Prime Minister and Cabinet website. The primary function of the Administrative Arrangements Order is to clearly define the roles and responsibilities of each Minister of State, ensuring that there is no overlap or ambiguity in the administration of government functions. Under this Order, each Department of State is assigned specific areas of responsibility, and each Minister is given authority over the legislation associated with these areas (Section 2). For example, the Department of Home Affairs may be tasked with overseeing immigration and border protection, while the Department of Health might handle public health policies and services. Each Minister is expected to manage their department's functions and ensure that the relevant legislation is effectively implemented and enforced. The Order also serves to delineate the scope of each Minister's authority, providing a clear framework for the operation of the government. The Administrative Arrangements Order imposes several obligations on the parties it governs. Ministers are required to ensure that their departments operate within their designated areas of responsibility and that they manage the legislation relevant to their portfolios effectively (Section 3). Departments must coordinate with other relevant bodies to avoid duplication of efforts and to ensure that government policies are implemented smoothly. Additionally, Ministers are accountable for the performance of their departments and must report to Parliament on their activities and outcomes as required (Section 4). Failure to comply with the provisions of the Administrative Arrangements Order can result in various consequences. While the Order itself does not explicitly outline specific offences or penalties, breaches of the Order can lead to broader legal and political repercussions. Ministers who fail to manage their departments effectively or who overstep their designated responsibilities may face scrutiny and potential criticism from Parliament and the public. In severe cases, such breaches could lead to ministerial resignations or reshuffles within the government (Section 5). It is important to note that while the Order does not impose specific fines or imprisonment, its breach can significantly impact the functioning of the government and the public's trust in its administration.