Administrative Arrangements Order - 9 July 2015

Overview

The Administrative Arrangements Order, made on 9 July 2015 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, replaced all previous administrative arrangements and set out the new Departments of State, the principal matters they are to deal with and the legislation administered by each Minister of State. This Act provides the framework within which the Government organises its responsibilities across various departments, ensuring clarity and efficiency in administration. The policy objective behind this Order is to streamline the execution of governmental functions by clearly delineating the scope and responsibilities of each department, thereby facilitating effective governance and accountability. The Order is published on the Department of the Prime Minister and Cabinet's website, ensuring transparency and accessibility for the public and legal professionals alike.

Scope and Application

The Administrative Arrangements Order, issued under the authority of the Governor-General of the Commonwealth of Australia, delineates the various Departments of State and the specific matters each department addresses, along with the legislation each Minister of State administers. The Administrative Arrangements Order, as made on 9 July 2015, revoked all prior administrative arrangements and established a new framework for the organisation and responsibilities of federal departments. This order is available for reference on the Department of the Prime Minister and Cabinet's website, thereby providing transparency and clarity regarding the allocation of administrative functions and legislative oversight within the Australian government. The scope of the order extends to all federal departments and their respective ministers, effectively guiding the operational structure and legislative responsibilities of the Commonwealth government.

Key Provisions

The main operative sections of the Administrative Arrangements Order (C2015G01106) are found in its schedule, where it specifies the Departments of State, the principal matters they deal with, and the legislation administered by each Minister of State (s 4). This Order essentially dictates the administrative structure of the government and assigns responsibilities to various ministers and departments. For instance, Section 5 of the Order assigns the Department of Prime Minister and Cabinet to the Prime Minister and outlines the principal matters under his or her purview. The obligations imposed by this Act on the parties it governs are primarily to adhere to the administrative structure and the distribution of responsibilities as outlined in the Order. Each minister is required to ensure that their department carries out the duties and responsibilities assigned to them. This includes ensuring that the legislation administered by their department is properly managed and implemented. Additionally, each department must operate within the scope of the responsibilities defined by the Order, ensuring that there is no overlap or gaps in the administration of government functions. The Administrative Arrangements Order itself does not specify particular offences, penalties, or consequences for breach. However, the failure of a department or minister to adhere to their assigned responsibilities could lead to administrative inefficiencies, potential legal challenges, or political consequences. For instance, if a minister fails to manage their assigned legislation properly, it could result in non-compliance with laws, which might lead to civil or criminal liability under the relevant statutes. The maximum penalties for breaches of these statutes would depend on the specific laws being administered and would not be stipulated within the Administrative Arrangements Order itself.