Administrative Arrangements Order - 4 April 2019

Overview

The Administrative Arrangements Order 2019 (C2019G00321), enacted on 4 April 2019, outlines the allocation of responsibilities among the Ministers of the Commonwealth of Australia. This order was introduced to address the need for clarity and efficiency in the administration of government functions and legislation. By specifying the Departments of State, the principal matters they deal with, and the legislation administered by each Minister of State, the order aims to streamline the governance structure and ensure that each Minister's responsibilities are clearly defined. The Administrative Arrangements Order was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and is available for review on the Department of the Prime Minister and Cabinet website. The policy objective of this order is to provide a transparent and organised framework for the administration of government affairs, facilitating better accountability and coordination among the various departments and ministers.

Scope and Application

The Administrative Arrangements Order, published on 4 April 2019 and made by the Governor-General under the authority of the Constitution, outlines the responsibilities and portfolios of Ministers within the Commonwealth Government, specifying the Departments of State and the principal matters they handle, as well as the legislation each Minister is tasked with administering. This order is integral to the efficient governance and administration of the Australian Government, ensuring clarity in the division of responsibilities among Ministers. The Administrative Arrangements Order applies to all Ministers of State and their respective departments, impacting how government functions are organised and executed. It has a national jurisdictional reach, as it pertains to the overarching governance framework of the Commonwealth of Australia. The order itself does not contain specific exclusions or exemptions but rather delineates the scope of each Minister's administrative duties and the legislative instruments under their purview. While the order is definitive in its allocation of responsibilities, its implementation and specific application may be further detailed through subordinate instruments or administrative guidelines issued by the relevant departments.

Key Provisions

The main sections of the Administrative Arrangements Order (AAO) outline the departments, their principal matters, and the legislation they administer under the respective ministers. Section 2 of the AAO lists the departments and their designated ministers, providing a clear framework for the division of responsibilities within the government. Section 3 specifies the key areas each department is responsible for, ensuring that each ministry has defined scopes of work. Section 4 details the legislation each department administers, which is crucial for understanding the scope of regulatory and operational oversight each department has. The obligations and requirements imposed by the AAO on the parties it governs are centred on ensuring a clear and efficient division of responsibilities within the government. Each minister is required to oversee the operations and legislative responsibilities of their respective departments as outlined in the AAO. This includes managing the day-to-day functions of the department, ensuring that all legislative mandates are met, and providing regular reports to the Prime Minister and Cabinet on departmental activities and performance. Furthermore, the AAO mandates that ministers must coordinate with other departments where there are overlapping responsibilities or inter-departmental projects. There are no specific offences or penalties outlined within the AAO itself; however, breaches of the responsibilities and obligations set out in the AAO could lead to broader legal and administrative consequences. For instance, if a minister fails to meet their obligations or if there is a mismanagement of departmental functions, this could result in disciplinary actions, including potential dismissal or reassignment. Additionally, any failure to adhere to the legislative mandates detailed in the AAO could lead to legal challenges or parliamentary inquiries, which might further result in political or administrative repercussions for the offending minister or department. The consequences are more about the internal administrative and political fallout rather than specific penalties defined within the AAO.