Public Service (Abolition of Old Parliament House as an Executive Agency) Order 2016

Overview

The Public Service (Abolition of Old Parliament House as an Executive Agency) Order 2016 was enacted to address the administrative restructuring of Old Parliament House, transitioning it from an Executive Agency under the Public Service Act 1999. This Order was made by the Honourable Sir Peter Cosgrove AK MC (Ret'd), the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The key objective behind this Order is to streamline the management and operations of Old Parliament House, ensuring it aligns more closely with the broader public service objectives and efficiency mandates. By abolishing Old Parliament House as an Executive Agency, the Order aims to integrate its functions more effectively within the existing public service framework, enhancing governance and operational coherence.

Scope and Application

The Public Service (Abolition of Old Parliament House as an Executive Agency) Order 2016 applies to the public service of the Commonwealth of Australia, specifically targeting Old Parliament House, which is abolished as an Executive Agency effective from 1 July 2016. This legislative order is issued under section 65 of the Public Service Act 1999 and is made by the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The scope of this Order is limited to the administrative restructuring of Old Parliament House, impacting the entity itself and its status within the public service framework. The jurisdictional reach of this Order is national, applying throughout the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds mentioned in the Order. However, further details and regulations pertaining to the abolition may be specified in subordinate instruments or other related legislation.

Key Provisions

The Public Service (Abolition of Old Parliament House as an Executive Agency) Order 2016 (the Order) is the principal legislation that brings into effect the abolition of Old Parliament House as an Executive Agency from 1 July 2016. This Order is made under section 65 of the Public Service Act 1999, and it is issued by the Governor-General of the Commonwealth of Australia, the Honourable Sir Peter Cosgrove AK MC (Ret’d), with the advice of the Federal Executive Council. It provides that from the specified date, Old Parliament House will cease to be governed as an Executive Agency, transitioning its operations and governance in accordance with the provisions of this Order. Under this Order, certain obligations and requirements are imposed on the relevant parties and entities. For instance, Old Parliament House, which was previously governed as an Executive Agency, will now need to align its operations with the broader directives and governance structures of the Public Service Act 1999. This includes ensuring that any functions previously executed under the Executive Agency framework are now managed in compliance with the overarching legislative requirements and administrative directives of the Public Service Act. Additionally, relevant personnel and stakeholders will need to ensure a seamless transition in the administration and management of Old Parliament House, adapting to the new governance model without disruption to ongoing services or activities. Furthermore, the Order encompasses provisions that address potential breaches and the consequences thereof. Any failure to comply with the provisions of the Order, particularly in relation to the transition and governance of Old Parliament House, could result in various legal consequences. Although specific offences and penalties are not detailed within the Order itself, breaches of the Public Service Act 1999 can lead to civil or criminal proceedings. In such cases, penalties may include fines or other sanctions, depending on the severity and nature of the breach. The exact penalties would be determined in the context of the broader legal framework and any relevant case law or regulatory guidelines. In summary, the Public Service (Abolition of Old Parliament House as an Executive Agency) Order 2016 provides a clear directive for the abolition of Old Parliament House as an Executive Agency, effective from 1 July 2016. It imposes specific obligations on the relevant entities to ensure a smooth transition and compliance with the Public Service Act 1999. While the Order does not explicitly outline penalties for breaches, any non-compliance could lead to legal action under the broader legislative framework, potentially resulting in fines or other appropriate sanctions.