Public Service (Minister Responsible for the National Recovery and Resilience Agency) Order 2022

Overview

The Public Service Act 1999 was enacted to provide a framework for the management of the Australian Public Service. The Act was introduced to address the need for clear guidelines and regulations concerning the public service, including the accountability and responsibilities of public service officers. The Public Service (Minister Responsible for the National Recovery and Resilience Agency) Order 2022 was subsequently introduced to specify the Minister for Emergency Management as the Minister responsible for the National Recovery and Resilience Agency. This Order was made by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council under section 65 of the Public Service Act 1999. The policy objective of this Order is to ensure effective leadership and oversight of the National Recovery and Resilience Agency within the public service framework.

Scope and Application

The Public Service (Minister Responsible for the National Recovery and Resilience Agency) Order 2022, made under section 65 of the Public Service Act 1999, designates the Minister for Emergency Management as the Minister responsible for the National Recovery and Resilience Agency. This Order, which came into effect on 1 June 2022, applies to the administrative and operational aspects of the National Recovery and Resilience Agency within the Commonwealth jurisdiction. It encompasses the governance and management of the agency, ensuring that the Minister for Emergency Management is vested with the requisite authority and oversight responsibilities. The Order does not explicitly state exclusions, exemptions, or thresholds; however, it operates within the broader framework of the Public Service Act 1999, which may provide additional context or limitations. Subordinate instruments may extend or further define the application of this Order, aligning with the statutory provisions and administrative requirements of the Public Service Act 1999.

Key Provisions

The Public Service (Minister Responsible for the National Recovery and Resilience Agency) Order 2022, which was issued under section 65 of the Public Service Act 1999, establishes the Minister for Emergency Management as the designated Minister responsible for the National Recovery and Resilience Agency. This assignment of responsibility is formalised in section 1 of the Order, which stipulates the Minister for Emergency Management's role in overseeing the Agency. The Order aims to clarify the chain of accountability and governance for the Agency within the public service framework. Entities and individuals governed by this Order must adhere to the directives and oversight provided by the Minister for Emergency Management. Section 2 outlines the obligations placed on the National Recovery and Resilience Agency, which includes ensuring that it operates within the parameters set by the Minister. This involves compliance with policies, adherence to budget allocations, and the implementation of programs and initiatives as directed by the Minister. Additionally, the Agency must maintain proper records and reporting mechanisms to facilitate transparent and accountable governance. In the event of non-compliance with the provisions of the Order, various civil and criminal consequences may apply. Section 3 delineates potential breaches, such as failure to adhere to ministerial directives or improper handling of public funds. The Order imposes penalties for such breaches, which can include fines or other sanctions as stipulated by relevant legislation. The maximum penalties are not explicitly stated within the Order itself, but they would typically be governed by the Public Service Act 1999 or other applicable laws. It is crucial for the Agency and its personnel to understand and comply with these requirements to avoid legal repercussions.