Order to Establish the National Indigenous Australians Agency as an Executive Agency

Overview

The Public Service Act 1999, enacted in 1999, provides the legal framework for the public service in Australia, including the establishment and management of agencies and authorities. The 2019 Order to Establish the National Indigenous Australians Agency as an Executive Agency was made under this Act, aiming to address the need for a unified and coordinated approach to policy development, program implementation, and service delivery for Aboriginal and Torres Strait Islander people. This legislative action was taken by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and under the authority granted by section 65 of the Public Service Act 1999. The objective of this order is to enhance the effectiveness and responsiveness of government initiatives aimed at improving the lives of Indigenous Australians, through a dedicated agency that can lead, coordinate, and monitor efforts across the Commonwealth.

Scope and Application

The Public Service Act 1999 Order to Establish the National Indigenous Australians Agency as an Executive Agency applies to the creation and operational functions of the National Indigenous Australians Agency. This agency is tasked with leading and coordinating Commonwealth policy development, program design and implementation, and service delivery for Aboriginal and Torres Strait Islander people. It also provides advice to the Prime Minister and the Minister for Indigenous Australians on whole-of-government priorities for Indigenous Australians, and leads efforts to close the gap in various socio-economic outcomes between Indigenous and non-Indigenous Australians. The functions of the Agency extend to promoting reconciliation, building partnerships with Indigenous people, state and territory governments, and other stakeholders, designing and coordinating community development employment projects, and monitoring the effectiveness of programs and services. The Minister for Indigenous Australians is designated as the responsible minister for the Agency, and the Order specifies its operational scope and responsibilities. The Order, which was issued under section 65 of the Public Service Act 1999, is set to commence on 1 July 2019.

Key Provisions

The Public Service Act 1999, under section 65, provides the authority for the establishment of the National Indigenous Australians Agency as an Executive Agency. This establishment includes the naming of the agency, with the Chief Executive Officer designated as the head of this agency. The Minister for Indigenous Australians is identified as the minister responsible for overseeing this agency. Section (e) outlines the broad functions of the agency, which encompass leading and coordinating policy development and program implementation for Aboriginal and Torres Strait Islander people, advising the Prime Minister and the Minister on whole-of-government priorities, coordinating Australia's Closing the Gap targets, promoting reconciliation, building partnerships with Indigenous people and other stakeholders, delivering community development employment projects, monitoring program effectiveness, coordinating Indigenous portfolio agencies, and undertaking additional tasks as required by the Prime Minister and the Minister. The Act imposes specific obligations on the National Indigenous Australians Agency. These obligations include the coordination and implementation of policies and programs that address the unique needs of Aboriginal and Torres Strait Islander people, the provision of advice on government priorities, the leadership in achieving Closing the Gap targets, the promotion of reconciliation, the establishment and maintenance of partnerships, the design and coordination of employment projects, and the analysis and monitoring of program effectiveness. The agency must ensure that its activities align with the directives of the Prime Minister and the Minister for Indigenous Australians, and must report on its performance and progress towards the specified objectives. Failure to comply with the requirements and directives set out in the Public Service Act 1999 may result in various consequences. While the specific offences, penalties, or consequences for breaches are not detailed in the text, it is understood that non-compliance with statutory provisions can lead to legal action, including civil or criminal proceedings. The severity of penalties will depend on the nature and extent of the breach, but could potentially include fines or other sanctions as prescribed by law. The agency is expected to operate within the legal framework provided by the Act, and any deviation from its mandated functions or directives may attract legal scrutiny and potential penalties.