Administrative Arrangements Order - revocation of 1 December 2019 amendment

Overview

The Administrative Arrangements Order of 2019, issued by the Governor-General of the Commonwealth of Australia acting with the advice of the Federal Executive Council, serves to delineate the various Departments of State and their respective areas of responsibility. This legal instrument was introduced to address the need for clear administrative structures and responsibilities within the federal government, ensuring efficient governance and accountability. By revoking the amendment made on 14 November 2019, the Order of 28 November 2019 aimed to maintain stability and continuity in the administrative arrangements as they had been previously established. The policy objective, as implicit in the legislative action, is to ensure the smooth functioning of government operations by clearly defining and assigning responsibilities among Ministers of State.

Scope and Application

The Administrative Arrangements Order, as amended by the Gazette C2019G01078, pertains to the administrative structure of the Australian government, detailing the allocation of responsibilities among the various Departments of State and the specific legislation each Minister is tasked with overseeing. This order is essential in defining the scope of authority and accountability within the executive branch of government, ensuring that each Minister and their respective department are clearly designated in their roles and the legislative acts they are responsible for administering. The revocation of the amendment dated 14 November 2019, effective 1 December 2019, indicates adjustments in the administrative allocation, potentially impacting the governance and operational focus of certain departments. This Order applies to all Ministers of State within the Commonwealth and their respective departments, affecting the governance and administrative framework across the entire federal government. The scope of the Order is national, governing the internal administrative arrangements of the Commonwealth government and ensuring clarity and efficiency in the execution of legislative mandates. Exclusions or exemptions are not explicitly stated in the text, and the order's application is subject to changes as per the directives of the Governor-General and the Federal Executive Council. Subordinate instruments may further extend or refine the application of this Order, detailing specific operational protocols and administrative procedures within each department.

Key Provisions

The Administrative Arrangements Order (AA Order) is a fundamental piece of legislation in Australia, which outlines the allocation of responsibilities and legislative portfolios among the Ministers of the Crown (s 1). This Order, made under the authority of the Constitution, ensures that the executive government operates efficiently by specifying which Ministers are responsible for which departments and the principal matters they must oversee. As of the most recent amendment, this Order is instrumental in defining the scope of authority and accountability of each Minister. The AA Order imposes a clear set of obligations on Ministers and departments, requiring them to adhere strictly to the responsibilities allocated to them. Each Minister is expected to manage the portfolio and its associated legislation effectively, ensuring that the government’s policies and laws are implemented and enforced as intended (s 3). Furthermore, the Order mandates that Ministers provide regular reporting and updates to Parliament and the public on the activities and performance of their respective departments. This transparency is essential for maintaining accountability and public trust in the government’s operations. Breaches of the provisions set out in the AA Order can result in significant consequences. While the Order itself does not explicitly list penalties for non-compliance, failure to adhere to the responsibilities and requirements outlined can lead to broader legal and political repercussions. Ministers who do not effectively manage their allocated portfolios may face censure or loss of confidence from Parliament, which can ultimately affect their tenure in office. Additionally, any legislative mismanagement or failure to implement laws as intended could lead to judicial review or other legal challenges, further underscoring the importance of compliance with the Order’s stipulations. In summary, the Administrative Arrangements Order plays a crucial role in the governance structure of the Australian government by delineating ministerial responsibilities and legislative oversight. The Order’s provisions ensure that each Minister is accountable for specific portfolios and their associated legislation, while also mandating transparency and reporting to Parliament. Although specific penalties are not outlined in the Order, non-compliance can lead to serious political and legal consequences, highlighting the critical nature of adhering to its stipulations.