COMMONWEALTH OF AUSTRALIA
Public Service Act 1999
Order to Specify Functions of the North Queensland Livestock Industry Recovery Agency
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), 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:
(e) specify the functions of the North Queensland Livestock Industry Recovery Agency be as follows:
- to provide strategic leadership and coordination for the Commonwealth’s recovery and reconstruction activities in areas of North, Far North and Western Queensland affected by the North and Far North Queensland Monsoon Trough (25 January – 14 February 2019);
- to administer the Commonwealth loan scheme to provide assistance to eligible primary producers by way of loans to Authorised Deposit-taking Institutions at the Government’s cost of borrowing;
- to design, develop, consult on and coordinate the delivery of a long-term plan for the recovery and reconstruction of these areas;
- to build and maintain effective working relationship with stakeholders in these areas to inform recovery and reconstruction priorities;
- to provide advice to the Prime Minister on how existing and new Commonwealth policies and programs can best contribute to the recovery and reconstruction efforts in these areas;
- to provide a coordination point for information on associated Commonwealth recovery and reconstruction activities;
- to provide advice to the Prime Minister on matters relevant to the North Queensland Livestock Industry Recovery Agency; and
- to undertake other relevant tasks as the Prime Minister may require from time to time.
This Order will commence on the date of Gazettal.
Dated 28 March 2019
(signed Peter Cosgrove)
Governor-General
By His Excellency’s Command
(signed Scott Morrison)
Scott Morrison
Prime Minister
Overview
The Public Service Act 1999 was enacted to provide a modern framework for the administration of the Australian Public Service and to enable the government to effectively manage its employees and operations. In March 2019, an Order was made under section 65 of this Act to specify the functions of the North Queensland Livestock Industry Recovery Agency. This agency was established in response to the severe impact of the North and Far North Queensland Monsoon Trough from late January to mid-February 2019, which caused extensive damage to the region's primary production industries. The policy objective of the Order is to provide strategic leadership, coordination, and advice for the recovery and reconstruction efforts in the affected areas, including administering a loan scheme for primary producers and developing a long-term recovery plan. The Order was made by the Governor-General, acting on the advice of the Federal Executive Council and the Prime Minister, and it commenced on the date of its gazette.
Scope and Application
The Public Service Act 1999 Order, Gazetted as C2019G00292, specifies the functions of the North Queensland Livestock Industry Recovery Agency, which applies to the North, Far North, and Western Queensland regions affected by the North and Far North Queensland Monsoon Trough from 25 January to 14 February 2019. The Act applies to the agency and its role in providing strategic leadership and coordination for the Commonwealth's recovery and reconstruction activities in these areas, including the administration of a loan scheme for eligible primary producers, the development of a long-term recovery plan, and maintaining relationships with stakeholders. The geographic scope of the Act is limited to the specified regions in Queensland, and it extends to the agency's responsibilities in building and maintaining effective working relationships with stakeholders, providing advice to the Prime Minister, and coordinating information on recovery activities. The Order does not specify any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments.
Key Provisions
The Order specifies the functions of the North Queensland Livestock Industry Recovery Agency under section 65 of the Public Service Act 1999. The Agency is tasked with providing strategic leadership and coordination for the Commonwealth’s recovery and reconstruction activities in North, Far North, and Western Queensland regions, particularly in areas affected by the North and Far North Queensland Monsoon Trough from 25 January to 14 February 2019. It is also responsible for administering a Commonwealth loan scheme to provide financial assistance to eligible primary producers through loans to Authorised Deposit-taking Institutions at the government's borrowing cost. The Agency must design, develop, consult on, and coordinate the delivery of a long-term recovery and reconstruction plan for the affected areas. Additionally, the Agency will build and maintain effective working relationships with stakeholders to inform recovery and reconstruction priorities, provide advice to the Prime Minister on existing and new Commonwealth policies and programs that can contribute to recovery efforts, and serve as a coordination point for information on associated Commonwealth recovery and reconstruction activities. The Agency will also provide advice to the Prime Minister on matters relevant to its operations and undertake any other tasks as required by the Prime Minister.
The North Queensland Livestock Industry Recovery Agency has several obligations under the Order. It must provide strategic leadership and coordination for the recovery and reconstruction activities in the specified regions, ensuring that efforts are effective and aligned with the government’s goals. The Agency must administer the loan scheme efficiently, ensuring that eligible primary producers receive the financial assistance they need. It must also develop a comprehensive long-term recovery plan, engaging stakeholders and incorporating their input into the plan. Furthermore, the Agency is responsible for maintaining effective working relationships with stakeholders to ensure that the recovery and reconstruction priorities are informed by their needs and perspectives. Additionally, it must provide timely and relevant advice to the Prime Minister on how existing and new policies and programs can best support the recovery efforts. The Agency should also ensure clear communication and coordination of information related to recovery activities across the Commonwealth.
Failure to comply with the requirements of the Order can lead to various consequences. Although the Order does not explicitly state specific offences, penalties, or consequences for non-compliance, the seriousness of the tasks assigned to the North Queensland Livestock Industry Recovery Agency implies that any significant failure to fulfil its duties could result in substantial repercussions. The Agency’s role in providing strategic leadership and coordinating recovery efforts means that any neglect or mismanagement could hinder the effectiveness of recovery activities, potentially leading to legal or administrative consequences. The Agency’s failure to efficiently administer the loan scheme could also result in financial losses for eligible primary producers, leading to civil or criminal liability. Additionally, not engaging adequately with stakeholders or providing timely advice to the Prime Minister could result in misaligned priorities and ineffective recovery efforts, which might attract scrutiny or corrective measures from the government. While the specific penalties are not outlined in the Order, the potential for significant consequences underscores the importance of the Agency’s compliance with its duties.