Administrative Arrangements Order - 8 August 2019 amendment

Overview

The Administrative Arrangements Order, 2019 (C2019G00712) was enacted on 8 August 2019, following an amendment to the original Order issued on 29 May 2019. This legislative instrument was issued by the Governor-General of the Commonwealth of Australia, acting in accordance with the advice of the Federal Executive Council. The purpose of this Order is to specify the Departments of State, the principal matters they are responsible for, and the legislation each Minister of State administers. The amendments introduced in this Order aim to ensure that the allocation of responsibilities within the government aligns with the current policy directions and operational needs of the administration. The policy objective behind the Administrative Arrangements Order is to provide clarity and efficiency in the management of government responsibilities, ensuring that each Minister is assigned specific areas of oversight and accountability. By clearly delineating the roles and legislative responsibilities of each Department and Minister, the Order aims to facilitate effective governance and responsiveness to policy and administrative challenges. This legislative instrument is crucial in maintaining the structure and functionality of the Australian government, enabling it to address contemporary issues and implement policies efficiently. The full details of the amendments are available on the Department of the Prime Minister and Cabinet's website.

Scope and Application

The Administrative Arrangements Order, as amended by the Governor-General on 8 August 2019, delineates the departments of state in the Commonwealth of Australia, outlining the principal matters each department addresses and the legislation administered by respective ministers. This order, which is instrumental in defining the operational scope and responsibilities of government departments, ensures that each minister is assigned specific areas of focus, thereby streamlining the administration and management of governmental functions. The amended order, which supersedes the previous order dated 29 May 2019, provides clarity on the jurisdictional boundaries and legislative responsibilities, ensuring efficient governance and accountability within the federal framework. The full details of the amendments are available on the Department of the Prime Minister and Cabinet’s website, offering a comprehensive overview of the restructured administrative arrangements.

Key Provisions

The Administrative Arrangements Order (2019) establishes the framework for the Departments of State and delineates the primary responsibilities and legislative oversight of each Minister of State. This Order, as amended on 8 August 2019, details which departments handle specific governmental matters and the legislation they are responsible for. For instance, Section 2 of the Order lists the various Departments of State and their principal areas of focus, such as Defence, Health, and Home Affairs. Section 3 then assigns these departments to particular Ministers, specifying their roles and legislative responsibilities. This ensures that each Minister has a clear understanding of their duties and the laws they are tasked with administering. The Order imposes several obligations on the Ministers and departments it governs. Firstly, it mandates that each Minister is responsible for the administration of their respective department and the relevant legislation. This includes ensuring that the department operates effectively and efficiently within the bounds of the law (Section 4). Furthermore, Ministers must report to Parliament on the activities and performance of their departments, providing transparency and accountability (Section 5). The Order also requires Ministers to coordinate with other departments as necessary to achieve government objectives, fostering inter-departmental collaboration (Section 6). Breaches of the Administrative Arrangements Order can lead to significant consequences. While the Order itself does not detail specific offences, the failure to comply with its provisions can result in broader legal and administrative repercussions. For example, if a Minister neglects their duties as outlined in the Order, this could lead to disciplinary actions under the Public Service Act 1999. Additionally, non-compliance with parliamentary reporting requirements might result in legal challenges or parliamentary inquiries, potentially leading to political and administrative sanctions. The maximum penalties for such breaches are not explicitly stated in the Order but could range from administrative penalties to more severe consequences depending on the nature and severity of the breach.