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| Commonwealth Administrative Arrangements Orders | |
|---|---|
| Name | Commonwealth Administrative Arrangements Orders |
| Type | Instrument |
| Jurisdiction | Australia |
| Issued by | Prime Minister of Australia |
| Legal basis | Constitution of Australia |
| First issued | 1901 |
Commonwealth Administrative Arrangements Orders Administrative Arrangements Orders are instruments that allocate responsibilities among ministers and departments and provide the machinery for the executive to operate within the framework of the Constitution of Australia, with implications for relationships among the Prime Minister of Australia, Australian Public Service Commission, Governor‑General of Australia, High Court of Australia and portfolio ministers such as the Treasurer of Australia and the Attorney‑General for Australia.
The development of Administrative Arrangements Orders reflects constitutional practices evolving since federation in 1901, influenced by precedents set during administrations like the Deakin Ministry, the Scullin Ministry, and the Menzies Government, and by institutional reforms associated with figures such as Sir Robert Garran, John Gorton, and Gough Whitlam, interacting with events like the Great Depression in Australia and the 1975 Australian constitutional crisis. Over time Administrative Arrangements Orders have mirrored reorganisations seen under the Hawke Government, the Howard Government, and the Rudd Government, and have been shaped by administrative law decisions of the High Court of Australia alongside inquiries such as the Royal Commission into Aboriginal Deaths in Custody and reforms initiated by the Commonwealth Public Service Act 1922 and subsequent statutes.
Administrative Arrangements Orders derive authority from the Constitution of Australia and from statutory instruments such as the Public Service Act 1999 and provisions related to the Prime Minister of Australia's powers, operating within constraints set by the Administrator of the Commonwealth and subjected to judicial review by the High Court of Australia and appeals processes that have engaged doctrines from cases like R v Kirby; Ex parte Boilermakers' Society of Australia and administrative jurisprudence tied to the Administrative Appeals Tribunal. They function alongside appropriation legislation such as annual Supply (Appropriation) Acts and are coordinated with statutes including the Financial Management and Accountability Act 1997 and the Public Governance, Performance and Accountability Act 2013.
Administrative Arrangements Orders allocate ministerial responsibilities and departmental functions to enable ministers such as the Minister for Foreign Affairs (Australia), the Minister for Health and Aged Care (Australia), and the Minister for Defence (Australia) to administer statutes like the Migration Act 1958, the Privacy Act 1988, and the Australian Securities and Investments Commission Act 2001. They facilitate administrative arrangements for agencies including the Australian Taxation Office, the Australian Federal Police, the Australian Bureau of Statistics, and statutory corporations such as Australia Post and the Reserve Bank of Australia, and they interact with intergovernmental institutions like the Council of Australian Governments and international instruments such as treaties lodged with the Department of Foreign Affairs and Trade.
Preparation and amendment of Orders typically involve the Prime Minister of Australia's office, the Department of the Prime Minister and Cabinet, the Secretary of the Department of the Prime Minister and Cabinet, state and territory counterparts such as the Premier of New South Wales and the Premier of Victoria where interjurisdictional matters arise, and consultations with agency heads like the Secretary of the Treasury and heads of departments such as the Secretary of the Department of Health; changes follow swearing‑in of ministers after events including general elections like the 2013 Australian federal election and cabinet reshuffles in ministries such as the Turnbull Ministry and are formalised by the Governor‑General of Australia on the advice of the Prime Minister.
An Order typically lists portfolios and allocates statutes and administrative responsibilities to departments and ministers, referencing legislation including the Migration Act 1958, the Broadcasting Services Act 1992, and the Environment Protection and Biodiversity Conservation Act 1999, while naming agencies such as the Australian Securities and Investments Commission and the National Health and Medical Research Council. The document format is administratively concise, setting out matters of responsibility that affect instruments like Ministerial Directions and arrangements for bodies such as the Australian Human Rights Commission and the Clean Energy Finance Corporation.
Administrative Arrangements Orders shape policy delivery by determining which ministers and departments oversee programs delivered by entities such as the National Disability Insurance Agency, the Australian Institute of Health and Welfare, and the Commonwealth Scientific and Industrial Research Organisation; they influence budget processes involving the Treasury of Australia and appropriation bills debated in the Parliament of Australia and can affect accountability mechanisms scrutinised by committees like the Joint Committee of Public Accounts and Audit and the Senate Estimates Committee.
Significant orders include reassignments accompanying the creation of departments such as the Department of Immigration and Citizenship under the Howard Government, the establishment of the Department of Human Services in the Rudd Government, machinery‑of‑government changes made by the Abbott Government and the Morrison Government, and portfolio reallocations following milestones like the 1975 dismissal involving the Fraser Government. Other notable adjustments have affected functions under legislation such as the National Health Act 1953 and the Competition and Consumer Act 2010, with consequences for agencies including the Australian Competition and Consumer Commission and the Therapeutic Goods Administration.
Category:Australian constitutional law