Appointments revoked, appointments made by the Governor-General – 31 May 2023

Overview

The Government of Australia has enacted changes to the ministerial appointments under the Constitution Act 1900. On the advice of the Prime Minister, the Governor-General has revoked the appointments of several members and made new appointments to the Ministry. The Honourable Dr Andrew Leigh MP has been reappointed to administer the Department of the Treasury and additionally appointed to the Department of Employment and Workplace Relations, with roles as Parliamentary Secretary to the Treasurer and Parliamentary Secretary to the Minister for Employment and Workplace Relations, in addition to being titled Assistant Minister for Competition, Charities and Treasury and Assistant Minister for Employment. The Honourable Patrick Gorman MP has been reappointed to administer the Department of the Prime Minister and Cabinet, and additionally appointed as Parliamentary Secretary to the Minister for the Public Service, with the titles of Assistant Minister to the Prime Minister and Assistant Minister for the Public Service. Senator the Honourable Anthony Chisholm has been reappointed to administer the Department of Education and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, and additionally appointed as Parliamentary Secretary to the Minister for Infrastructure, Transport, Regional Development and Local Government, with the titles of Assistant Minister for Education and Assistant Minister for Regional Development. These changes reflect the government's commitment to addressing current policy needs and ensuring effective administration across various departments.

Scope and Application

The notification issued under the authority of the Commonwealth of Australia Constitution Act 1900, as evidenced by the gazette C2023G00600, pertains to significant changes in ministerial appointments within the Australian government. Specifically, the Governor-General, on the advice of the Prime Minister, has revoked the previous appointments of Dr Andrew Leigh, Patrick Gorman, and Anthony Chisholm to their respective departments and roles. These changes are effective immediately and involve reassignments within the Department of the Treasury, Department of Employment and Workplace Relations, Department of the Prime Minister and Cabinet, Department of the Public Service, Department of Education, and Department of Infrastructure, Transport, Regional Development, Communications and the Arts. The new roles include additional responsibilities and specific titles such as Assistant Minister for Competition, Charities and Treasury, Assistant Minister for Employment, Assistant Minister to the Prime Minister, Assistant Minister for the Public Service, Assistant Minister for Education, and Assistant Minister for Regional Development. This gazette applies directly to the named individuals and the departments they administer, with its jurisdictional reach being federal, impacting the national government structure and operations.

Key Provisions

The Gazette C2023G00600, dated 31 May 2023, details a significant change in the ministerial appointments within the Australian government, as directed by His Excellency the Governor-General on the advice of the Prime Minister. Under section 64 of the Constitution, the Governor-General revoked the appointments of Dr Andrew Leigh, Patrick Gorman, and Senator Anthony Chisholm from their previous roles. Specifically, Dr Andrew Leigh was removed as the Parliamentary Secretary to the Treasurer and for the Department of the Treasury; Patrick Gorman was removed from his role as the Parliamentary Secretary to the Prime Minister and for the Department of the Prime Minister and Cabinet; and Senator Anthony Chisholm was removed from his roles as the Parliamentary Secretary to the Ministers for Education and Regional Development, along with his responsibilities for the Department of Education and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. These appointments were revoked to facilitate new assignments within the Ministry, reflecting the dynamic nature of governance and the government's need to adjust its administrative structure as necessary. The Gazette further details new appointments for Dr Andrew Leigh, Patrick Gorman, and Senator Anthony Chisholm. Dr Andrew Leigh is now responsible for the Department of the Treasury and the Department of Employment and Workplace Relations, and holds the offices of Parliamentary Secretary to the Treasurer and the Minister for Employment and Workplace Relations. He is to be known as Assistant Minister for Competition, Charities and Treasury, and Assistant Minister for Employment. Patrick Gorman has been assigned to the Department of the Prime Minister and Cabinet, with additional roles as the Parliamentary Secretary to the Prime Minister and the Minister for the Public Service, and he will be known as Assistant Minister to the Prime Minister and Assistant Minister for the Public Service. Senator Anthony Chisholm continues his oversight of the Department of Education and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, now as the Parliamentary Secretary to the Ministers for Education and Infrastructure, Transport, Regional Development and Local Government, with the title of Assistant Minister for Education and Assistant Minister for Regional Development. The changes in these ministerial roles and responsibilities impose specific obligations and requirements on the newly appointed officials. Each must ensure they are adequately prepared to manage their expanded portfolios, which involve significant governmental functions and public service responsibilities. The appointments also entail a commitment to the principles of public service and the duties associated with their new roles, including policy development, oversight, and administration within their respective departments. These officials are expected to uphold the integrity of their positions and to work collaboratively with other government entities and stakeholders to achieve the government's policy objectives. Failure to comply with the obligations associated with these roles, or any misconduct, may result in various consequences. While the Gazette does not specify penalties for breaches of these obligations, Australian law generally provides for a range of civil and criminal penalties for ministerial misconduct, including potential sanctions under the Public Service Act 1999, which could lead to dismissal from office. Additionally, any breaches of the ministerial standards outlined in the Ministers’ Standards Act 2021 could result in further disciplinary action. The severity of penalties would depend on the nature and extent of the breach, but could include fines, imprisonment, or both, reflecting the seriousness of the misconduct in undermining public trust in government.