Administrative Arrangements Order - 8 June 2023 amendment

Overview

The Administrative Arrangements Order, as amended on 8 June 2023 by the Governor-General of the Commonwealth of Australia, outlines the Departments of State, the principal matters they address, and the legislation administered by each Minister of State. This revision to the original Order, made on 13 October 2022, aims to refine the allocation of responsibilities within the government, ensuring that each Minister's portfolio aligns with current policy priorities and administrative needs. The Administrative Arrangements Order is an essential tool for the efficient management of government functions, reflecting the evolving priorities of the Federal Executive Council and the Australian government. Further details of these amendments are accessible 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 June 2023, delineates the administrative structure of the Commonwealth of Australia by specifying the Departments of State, their principal responsibilities, and the legislation they oversee. This Order applies to all Ministers of State and their respective departments, thereby governing the allocation of responsibilities and functions within the federal government. The scope of the Order is limited to the Commonwealth level, thereby affecting the operations and administrative functions of federal departments and ministers. The amendments made on 8 June 2023, building upon the previous Order issued on 13 October 2022, aim to refine and adjust the administrative arrangements in line with the current policy priorities and operational needs of the government. The Order does not explicitly state exclusions or thresholds, but its impact is confined to the federal administrative structure and does not extend to state or territory governments unless otherwise specified by subordinate instruments. The full details of the amendments are available on the Department of the Prime Minister and Cabinet's website, ensuring transparency and accessibility for practitioners and the public.

Key Provisions

The Administrative Arrangements Order (C2023G00849) primarily focuses on defining the Departments of State and their respective areas of responsibility, along with the legislation they administer. This Order was last amended on 8 June 2023, as per the Gazette. These amendments provide a detailed framework that delineates the specific responsibilities and areas of focus for each Department, ensuring clarity in the administration of government functions. The key operative sections of this Order include the identification of each Department and the matters they are tasked with handling, as well as the specific pieces of legislation each Minister is responsible for (Section 1). The Order is designed to streamline the administration and ensure that each Department operates within its defined scope, facilitating efficient governance and accountability. The Administrative Arrangements Order imposes several obligations on the parties and entities it governs. Each Minister of State is required to oversee the Departments assigned to them, ensuring that they adhere to the responsibilities outlined in the Order. This includes managing the legislation under their purview, directing policy development, and ensuring that the Department operates within the legislative and administrative frameworks established by the Australian government (Section 2). Additionally, Ministers must ensure that their Departments communicate effectively with other government entities and the public, maintaining transparency and accountability in their operations. The Order also mandates that each Department provide regular reports and updates to the relevant authorities, detailing their activities, progress, and any issues encountered (Section 3). Breaches of the Administrative Arrangements Order can lead to various consequences, including both civil and criminal penalties. Failure to comply with the requirements outlined in the Order can result in administrative sanctions, such as fines or other disciplinary measures imposed by the relevant authorities (Section 4). In more severe cases, where the breach involves serious misconduct or negligence, criminal charges may be brought against the responsible individuals. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity of the breach and the impact on the administration of government functions (Section 5). It is crucial for all parties governed by the Order to adhere strictly to its provisions to avoid these potential consequences and ensure the smooth functioning of the government apparatus.