Administrative Arrangements Order - 5 December 2019

Overview

The Administrative Arrangements Order, C2019G01110, was enacted in 2019 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislation was introduced to address the need for a clear and up-to-date framework governing the administrative structure of the Australian government, including the allocation of responsibilities among various departments and ministers. By specifying the Departments of State, the principal matters they are responsible for, and the legislation administered by each Minister of State, the Administrative Arrangements Order ensures a well-organised and efficient governmental structure. The policy objective of this order is to provide a transparent and orderly system for the administration of government affairs, enhancing accountability and effective governance. The Administrative Arrangements Order was established to replace all previously ordered administrative arrangements, with its amendments available on the Department of the Prime Minister and Cabinet's website. The Order aims to provide a clear and updated administrative framework to streamline governmental operations and ensure that responsibilities are accurately allocated among various departments and ministers. This legislative measure was necessary to maintain an efficient and transparent governmental structure, promoting effective governance and accountability within the Australian government.

Scope and Application

The Administrative Arrangements Order, which took effect on 1 February 2020, delineates the specific Departments of State and the principal matters they are responsible for, as well as the legislation administered by each Minister of State. This Order is a statutory instrument that effectively structures the administration of the Commonwealth Government by allocating responsibilities among various Ministers and Departments. It applies to the executive branch of the Australian government, impacting all Ministers of State and their respective Departments. The Order does not directly apply to the legislative or judicial branches of government but rather provides a framework for the efficient administration of Commonwealth laws and policies by specifying the allocation of responsibilities among Ministers and Departments. As a statutory instrument, its application is national, affecting the entire Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the Order itself; however, the legislation administered by each Minister and Department may contain such provisions. The Administrative Arrangements Order may extend its application through subordinate instruments such as regulations and ministerial directions, which further detail the administrative arrangements and operational protocols within the specified Departments.

Key Provisions

The Administrative Arrangements Order (C2019G01110) issued on 5 December 2019 delineates the Departments of State and assigns the principal matters each department is responsible for, along with the legislation they administer (Section 1). This order was made under the authority of the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and it superseded all previous administrative arrangements as of 1 February 2020. The specifics of these amendments can be found on the Department of the Prime Minister and Cabinet's website (Section 2). Under this new Administrative Arrangements Order, each Department of State is assigned specific responsibilities and legislative portfolios. These allocations ensure that each department can effectively manage its designated areas of government activity and legal oversight. For example, the Department of Home Affairs may be given jurisdiction over immigration and border protection, while the Department of Finance may oversee budget and economic policy (Section 3). The order ensures clarity in governance by specifying the boundaries of each department's purview. The obligations and requirements imposed by the Act primarily pertain to the allocation and management of responsibilities among the various departments. Each department must ensure that the principal matters assigned to them are effectively managed and that the relevant legislation is administered properly. This includes developing policies, creating regulations, and ensuring compliance with the laws within their portfolios (Section 4). Furthermore, departments are required to report on their activities and performance to the appropriate Minister of State, ensuring transparency and accountability. Failure to comply with the provisions of the Administrative Arrangements Order can lead to various consequences. While the Order itself does not specify detailed penalties, breaches of the responsibilities and requirements outlined in the legislation could potentially result in legal action, either civil or criminal, depending on the nature and severity of the breach. The specific consequences would be determined by the relevant legislation within each department's purview. For instance, if a department fails to adequately manage immigration controls, this could lead to legal challenges or penalties under immigration law (Section 5).