COMMONWEALTH OF AUSTRALIA
Public Service Act 1999
Order to Identify the Minister Responsible for the National Recovery
and Resilience Agency
I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 65 of the Public Service Act 1999, amend the Order made on 21 February 2019 to establish the North Queensland Livestock Industry Recovery Agency as an Executive Agency, and amended on
28 March 2019 and on 5 December 2019 and renamed as the National Recovery and Resilience Agency on 15 April 2021, by omitting paragraph (d) of that Order and substituting the following paragraph:
(d) identify the Minister for Emergency Management and National Recovery and Resilience as the Minister responsible for the Executive Agency.
This Order will commence on 2 July 2021.
Dated 2 July 2021
David Hurley
Governor-General
By His Excellency’s Command
Scott Morrison
Prime Minister
Overview
The Public Service Act 1999, enacted by the Parliament of Australia, establishes a framework for the administration of the Australian Public Service. This particular Order, issued under section 65 of the Act, was introduced to address the need for a clear identification of the responsible Minister for the National Recovery and Resilience Agency, which was formerly known as the North Queensland Livestock Industry Recovery Agency. The Order was made with the advice of the Federal Executive Council and assented by the Governor-General, General the Honourable David Hurley AC DSC (Retd), on 2 July 2021. The policy objective behind this Order is to ensure that there is a specific Minister accountable for the National Recovery and Resilience Agency, thereby clarifying the chain of responsibility and governance within the agency. This amendment to the Order aims to align the agency's oversight with the current ministerial responsibilities, ensuring effective management and response to national recovery and resilience efforts.
Scope and Application
The Public Service Act 1999 applies to the National Recovery and Resilience Agency (formerly known as the North Queensland Livestock Industry Recovery Agency) and identifies the Minister for Emergency Management and National Recovery and Resilience as the responsible Minister. This legislation, enacted by the Commonwealth of Australia, outlines the administrative framework and governance structure for the Agency. The amendment to the Order under the Act is aimed at reflecting the Agency's expanded role and responsibilities in managing national recovery and resilience initiatives. The Order will come into effect on 2 July 2021, replacing the previous designation and expanding the scope of the Minister's oversight to encompass the broader national context of recovery and resilience efforts. The Act's application is limited to the Executive Agency and the specified Minister, with no additional exclusions or exemptions mentioned in the text.
Key Provisions
The key provision of this amendment to the Public Service Act 1999 (section 65) involves the identification of a specific Minister as responsible for the National Recovery and Resilience Agency (sections 1 and 2). This amendment, effective from 2 July 2021, changes the Minister responsible for the Executive Agency from its previous designation under the North Queensland Livestock Industry Recovery Agency to the Minister for Emergency Management and National Recovery and Resilience. This shift reflects the agency's expanded role and responsibilities, aligning its leadership with the broader national recovery and resilience objectives.
Under the amended Order, the Minister for Emergency Management and National Recovery and Resilience is tasked with the oversight and management of the National Recovery and Resilience Agency. This includes setting strategic directions, ensuring the agency's operations align with national policy, and reporting on the agency's performance and initiatives to the appropriate governmental bodies. The Minister's role encompasses a broad scope of responsibilities, from policy development and implementation to coordination with other agencies and stakeholders, ensuring cohesive and effective response and recovery efforts across the nation.
In terms of legal consequences, the amendment to the Public Service Act 1999 does not explicitly outline specific offences or penalties for non-compliance with the provisions of the Order. However, the significance of the Minister's role in the governance structure implies a high level of accountability and responsibility. Failure to adhere to the responsibilities outlined under the Act could potentially lead to political and administrative repercussions, including questioning of the Minister's performance in parliamentary sessions, reviews of the agency's effectiveness, and implications for the Minister's tenure and reputation. Additionally, while not detailed in the amendment, broader legal frameworks and public service regulations may impose penalties or consequences for non-compliance with government orders or statutory responsibilities.
This legislative amendment underscores the importance of aligning leadership and governance structures with the evolving needs of national agencies. By specifying the Minister for Emergency Management and National Recovery and Resilience as the responsible Minister, the amendment ensures that the agency is well-positioned to address complex challenges related to national recovery and resilience, with a clear line of accountability and governance. The change also reflects the government's commitment to addressing and mitigating the impacts of emergencies and disasters on a national scale, enhancing the agency's capacity to respond effectively to future crises.