Administrative Arrangements Order to commence on 1 July 2022

Overview

The Administrative Arrangements Order, commencing on 1 July 2022, was made by the Governor-General of the Commonwealth of Australia on 1 June 2022, following the advice of the Federal Executive Council. This order, accessible via the Department of the Prime Minister and Cabinet’s website, delineates the Departments of State, their principal matters, and the legislation administered by each Minister of State. The primary purpose of this order is to outline the administrative framework of the government, ensuring a clear structure for the allocation of responsibilities among ministers and departments. This legislative instrument replaces all previous administrative arrangements, thereby providing an updated governance blueprint for the Commonwealth of Australia. The enacting body for this Administrative Arrangements Order is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective underpinning this order is to establish a coherent and efficient administrative structure, facilitating the effective execution of government policies and legislative mandates. This order ensures that the division of responsibilities among ministers and their respective departments is transparent and well-defined, thereby enhancing the overall governance and administration of the Commonwealth.

Scope and Application

The Administrative Arrangements Order made under the Constitution, effective from 1 July 2022, delineates the allocation of responsibilities among Ministers within the Commonwealth Government of Australia. This order, issued by the Governor-General acting on the advice of the Federal Executive Council, outlines the specific Departments of State and the principal matters each Minister is responsible for, as well as the legislation each administers. It applies to all Ministers of State and their respective departments, setting the framework for governance and administrative functions across the Commonwealth. The scope of this Order encompasses the entire national jurisdiction of Australia, ensuring a coherent and structured approach to government operations. Notably, the Order does not itself create new laws but rather reorganises and redistributes existing administrative responsibilities among Ministers, thereby impacting all government departments and their operational capacities. Subordinate instruments may further detail specific operational aspects, but the primary focus remains on the structural and functional allocation of duties as specified in the Order.

Key Provisions

The main operative sections of this Administrative Arrangements Order (Section 1) outline the Departments of State, the key matters they will manage, and the legislation overseen by each Minister of State. The Order, which is set to commence on 1 July 2022, provides a comprehensive framework for the allocation of responsibilities across various government departments and ministers. It also details the legislative instruments each minister will administer, ensuring clarity and accountability in the administration of government affairs. The obligations imposed by the Act require each Minister of State to oversee the matters specified in the Order and to ensure that their respective departments function effectively within their designated areas of responsibility. The Act further mandates that the Governor-General, acting on the advice of the Federal Executive Council, must issue these Administrative Arrangements Orders periodically to reflect changes in government priorities and the distribution of ministerial responsibilities. Additionally, departments must adhere to the guidelines and legislative instruments provided in the Order, ensuring that their operations align with the government's strategic objectives. The Order does not explicitly outline specific offences or penalties for breaches. However, failure to comply with the provisions of the Administrative Arrangements Order could lead to significant political and administrative consequences. This may include questions about the efficiency and effectiveness of the government's operations, potentially leading to public scrutiny and political accountability. While the Act does not set out specific penalties, any significant deviation from the prescribed administrative arrangements could result in broader implications for the functioning of the government and the implementation of its policies. The Administrative Arrangements Order is accessible on the Department of the Prime Minister and Cabinet website (Section 4). This ensures transparency and accessibility, allowing the public and stakeholders to review the current allocation of responsibilities and legislative oversight among ministers. The availability of the Order online facilitates informed engagement and oversight by the public, contributing to the accountability and effectiveness of the government's administrative structure.