Administrative Arrangements Order - 5 March 2020 amendment

Overview

The Administrative Arrangements Order of 2020, issued on 5 March 2020, was enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council. This order amends the Administrative Arrangements Order made on 5 December 2019 and brought into effect on 1 February 2020. It outlines the Departments of State, their principal matters, and the legislation managed by each Minister of State. The objective of this order is to ensure clarity and efficiency in the administrative framework of the government, assigning specific responsibilities and portfolios to ministers, thereby facilitating better governance and policy implementation. The detailed schedule of amendments is available on the Department of the Prime Minister and Cabinet's website.

Scope and Application

The amended Administrative Arrangements Order, effective from 5 March 2020, delineates the organisational structure and jurisdictional scope of the various Departments of State within the Commonwealth of Australia, assigning specific portfolios and legislative responsibilities to the respective Ministers of State. This order serves as a crucial governance tool, ensuring that each department's functions and the legislation they oversee are clearly defined, facilitating efficient administration and accountability. The changes outlined in this Order impact the allocation of authority and resources, thereby affecting the operational mandates and priorities of the government departments. Although the primary focus of this Order is on the internal administrative structure, its implications extend to the broader legislative and regulatory framework, influencing how laws are implemented and enforced across various sectors. This Order is subject to further interpretation and application through subordinate instruments, which may provide additional clarity or specific provisions regarding the scope and application of the legislation administered by each department.

Key Provisions

The Administrative Arrangements Order (C2020G00221), as amended on 5 March 2020, delineates the Departments of State, the principal matters each department handles, and the legislation overseen by each Minister of State (Section 1). This Order serves as a foundational document that outlines the administrative framework of the Australian government, ensuring that each department and minister has clear and defined responsibilities. The changes introduced by this amendment to the original Order made on 5 December 2019, which came into effect on 1 February 2020, reflect adjustments in the allocation of duties and responsibilities among various departments and ministers. The Order imposes specific obligations and requirements on the parties and entities it governs. Each Minister of State is assigned particular legislative and administrative duties, which they must carry out within the scope of their designated department. For instance, a Minister of State is responsible for the administration and oversight of the legislation listed under their department, ensuring compliance and effective governance (Section 2). The Order also requires that these ministers work collaboratively within the framework of the Federal Executive Council, ensuring that their actions align with the overall policy and administrative goals of the government. Breaching the provisions of the Administrative Arrangements Order can result in significant legal consequences. Although the Order itself does not explicitly list offences or penalties, any failure to comply with the assigned duties and responsibilities could potentially lead to disciplinary actions, including possible reassignment or removal from office (Section 3). Additionally, if a Minister of State's failure to adhere to the Order results in broader administrative or legislative failures, this could give rise to legal challenges or inquiries, which might further compound the consequences for the individual involved. The precise penalties for breaches are not detailed within the Order but are likely to be determined through other legislative or administrative channels.