Order to Identify the Minister Responsible for the Office of the Special Investigator from 1 July 2022

Overview

The Public Service Act 1999, enacted by the Commonwealth Parliament, aims to govern the public service of the Commonwealth, including the establishment and functions of various offices within it. A recent development under this Act, through Order C2022G00495, identifies the Attorney-General as the Minister responsible for the Office of the Special Investigator, effective from 1 July 2022. This assignment was made by the Governor-General of the Commonwealth of Australia, the Honourable David Hurley AC DSC (Retd), in accordance with section 65 of the Public Service Act 1999 and with the advice of the Federal Executive Council. The objective of this order is to clarify the ministerial responsibility for the Office of the Special Investigator, ensuring proper oversight and accountability within the public service framework.

Scope and Application

The Public Service Act 1999 applies to the public service of the Commonwealth of Australia, encompassing all officers and employees of the Commonwealth, as well as other persons employed by the Commonwealth, including contractors and consultants. The Act applies to the conduct of these individuals and entities, regulating their employment and service conditions, performance, and ethical standards. The jurisdictional reach of the Act is national, applying uniformly across all Commonwealth entities. The identification of the Attorney-General as the Minister responsible for the Office of the Special Investigator, effective from 1 July 2022, specifies a particular portfolio responsibility within the public service. The Act's application may be extended or restricted through subordinate instruments, which may provide further detail on the operational aspects of the Office of the Special Investigator. There are no specific exclusions, exemptions, or thresholds mentioned in this legislative order, which focuses on the administrative arrangement of ministerial responsibility.

Key Provisions

The Public Service Act 1999, under section 65, designates the Minister responsible for the Office of the Special Investigator as of 1 July 2022. This is done by an Order issued by the Governor-General, General the Honourable David Hurley AC DSC (Retd), acting on the advice of the Federal Executive Council. According to the order, the Attorney-General is identified as the responsible Minister (section 65). The Act itself does not detail the specific duties or functions of the Office of the Special Investigator, but the designation of the Minister responsible is a critical step in establishing the framework for its operations. The Minister's role would likely involve oversight, policy direction, and ensuring the Office operates within the legislative framework. The Act imposes several obligations on the designated Minister. Primarily, the Minister will be responsible for ensuring that the Office of the Special Investigator operates effectively and efficiently. This includes providing the necessary resources and support to carry out investigations, ensuring the independence and integrity of the investigations, and reporting to Parliament as required. The Minister must also ensure that the Office adheres to any relevant legislative and administrative guidelines. The Minister's duties are not explicitly detailed in the provided text but generally involve governance, accountability, and strategic direction for the Office. The Act does not specify offences, penalties, or consequences for breaches within the provided excerpt. However, it is implied that any failure to comply with the requirements set out by the Act or any maladministration within the Office of the Special Investigator could lead to significant consequences. Such consequences could include disciplinary action, legal proceedings, or other administrative penalties. The maximum penalties are not detailed in the provided text, but they would typically be outlined in other sections of the Act or in related legislation. The overarching principle is that the Office must operate within the bounds of the law and any breaches could result in serious repercussions for those involved.