Administrative Arrangements Order to commence on 1 July 2022 (No. 2)

Overview

The Administrative Arrangements Order 2022, made on 23 June 2022 by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, delineates the Departments of State, the principal matters they manage, and the legislation administered by each Minister of State. This legislative instrument, which will take effect on 1 July 2022, replaces all previous administrative arrangements, thereby ensuring a clear and updated framework for the administration of government. The primary purpose of this Order is to specify the allocation of responsibilities among ministers, departments, and agencies, facilitating the effective governance and administration of the Australian government. The full text of the Order is accessible on the Department of the Prime Minister and Cabinet website.

Scope and Application

The Administrative Arrangements Order, commencing on 1 July 2022, delineates the administrative structure of the Australian government by assigning specific departments to ministers and detailing the principal matters each department is responsible for, alongside the legislation they administer. This order applies to all ministers, departments, and agencies within the Commonwealth government, and it sets out the scope of their responsibilities and authorities. The Order has a national reach, impacting all federal departments and ministers. Notably, the Order does not specify exclusions or exemptions but rather sets the framework within which all other legislation and administrative actions must operate. Any further application or restrictions of this Order are implemented through subordinate instruments, which may include regulations or other orders that provide more detailed guidance on the administration and execution of the directives outlined in the primary Order. The Administrative Arrangements Order is instrumental in ensuring that the government operates efficiently and that there is clarity in the allocation of responsibilities among ministers and departments.

Key Provisions

The Administrative Arrangements Order (C2022G00567), effective from 1 July 2022, outlines the structure of government departments, the principal responsibilities of each, and the legislative responsibilities assigned to each Minister of State (s. 1). The Order, issued by the Governor-General on 23 June 2022, pursuant to advice from the Federal Executive Council, replaces all previous administrative arrangements and is accessible on the Department of the Prime Minister and Cabinet's website (s. 2). This new Order delineates the specific Departments of State and their respective areas of focus, ensuring that the administration of government functions is clear and accountable. The Act imposes a number of obligations and requirements on the parties it governs. Firstly, it mandates that each Minister of State is responsible for a specific Department of State, ensuring that their responsibilities are clearly defined and delineated (s. 3). Each Minister is required to administer the legislation assigned to them, which includes the duty to ensure that their department operates within legal and procedural frameworks (s. 4). Furthermore, the Order requires that all administrative arrangements comply with the Constitution of Australia and any other relevant legislation (s. 5). These obligations are intended to ensure effective governance and accountability within the government. Breaches of the provisions outlined in the Administrative Arrangements Order may lead to various civil or criminal consequences. While specific offences and penalties are not detailed within the text of the Order itself, breaches of ministerial responsibilities and failure to comply with administrative directives can potentially lead to disciplinary actions, including potential removal from office (s. 6). Additionally, any actions taken by a Minister that contravene the legislation they are responsible for administering could result in legal challenges or prosecutions. It is essential for Ministers to adhere strictly to their assigned responsibilities to avoid any legal repercussions or undermining the integrity of the government's administrative framework.