Implementing Machinery of Government Changes: A good practice guide

1 Machinery of government process

The terms ‘machinery of government changes’ (MOG changes) and ‘administrative re-arrangements’ are interchangeable and are used to describe a variety of organisational or functional changes affecting the Commonwealth.

Some common examples of MOG changes are:

changes to the Administrative Arrangements Order (AAO) (see 1.1 below) following a Prime Ministerial decision to abolish or create a department or to move functions/ responsibilities between departments/agencies
creation of a new statutory agency or executive agency, or abolition of such agencies
movement of functions into, or out of, the APS.

Not all MOG changes involve a change to the AAO. MOG changes within a portfolio, including movements from a department to a statutory agency within the same portfolio, and MOG changes involving the movement of only a small function from one portfolio to the other, would not normally require changes to the AAO. Agencies should consult PM&C on whether a change to the AAO is necessary.

1.1 Administrative Arrangements Order

Under the Constitution, the Governor-General, on the advice of the Prime Minister, appoints Ministers, establishes departments of state and formally allocates executive responsibility among Ministers through the AAO.

The AAO is published in the Commonwealth Gazette (http://www.ag.gov.au/portal/govgazonline.nsf ). It contains an entry for each department of state which describes briefly the principal matters dealt with by that department and then lists all of the legislation administered by the Minister responsible for that department and other agencies in the Minister’s portfolio.

Under the AAO, in some cases two or more departments may be responsible for administering different aspects of the same legislation. Managing joint responsibility for legislation can be complex, and may require the development of protocols or processes relating to consultation, clearance and approval between relevant Ministers and their departments.

1.2 General machinery of government changes

Other than in the period immediately after a general election, a proposal for a MOG change may be instigated by the Prime Minister either of his own accord or in response to the suggestion of another Minister. Ideally, a Minister proposing a MOG change should consult other Ministers where relevant before writing to the Prime Minister. The decision to make a MOG change is a matter solely for the Prime Minister.

PM&C is responsible for providing advice to the Prime Minister on a proposed MOG change and, if required, prepares documentation necessary to give effect to that change. If the proposed change has been suggested by another Minister, the advice to the Prime Minister will draw on the views of all Ministers affected by the proposed MOG change. PM&C will consult the affected departments and/or agencies. Any financial or staffing implications arising from a MOG change will also be raised in the advice to the Prime Minister. PM&C will normally consult Finance, the Commission and DEWR on these matters as part of the briefing process.

1.3 Post-election machinery of government changes

While a MOG change may occur at any time, significant MOG changes usually occur immediately following an election. The process for considering MOG changes at such times is, by necessity, different from non-election times.

Once an election has been called and the caretaker period has commenced, it is normal practice for the Secretary of PM&C to seek the views of other departmental secretaries on possible changes to administrative arrangements and MOG issues in preparation for briefing the incoming Government. Suggestions on improvements aimed at greater efficiency and effectiveness are sought as well as advice on implementation issues arising from policy proposals put forward by the Government and Opposition during the caretaker period.

Following an election, the Secretary of PM&C provides a brief to the Prime Minister on possible MOG changes. This brief is confidential and there may not necessarily be formal consultation with departments on the detail of any changes being considered before the Prime Minister publicly announces MOG changes. Once the Prime Minister has announced the Ministry and new administrative arrangements, PM&C will consult affected departments to ensure the detail of the MOG changes is accurately reflected in the new AAO that is to be prepared. PM&C also advises Finance and the Commission as soon as possible of the changes to departmental arrangements.

In the event of major changes in portfolio responsibilities, the Secretary of PM&C will consult with Secretaries on the nature of the changes to ensure that consistent information can be given to agency staff.

This is a particularly intense period of activity because the time between the announcement and the swearing-in of the new Ministry and making the AAO is normally, on average, three to five days. During this time departments will have an opportunity to seek clarification from PM&C on any matters of detail, such as the programmes identified as moving with a particular function.

New Ministerial arrangements take effect on the day that the new Ministry is sworn in. Similarly, any changes to the AAO take effect on the day that the AAO is made. For example, in 2004, the Ministry was sworn in on 26 October 2004; the new AAO took effect on Gazettal, which occurred on the same day, and the Department of Human Services was created on that day. While the transfer of appropriations under section 32 of the FMA Act and the transfer of staff under section 72 of the PS Act are unlikely to be completed by the time the new AAO is made, the Prime Minister expects agency heads to implement AAO changes cooperatively and as soon as possible, if necessary by administrative means such as issuing new delegations. However, if as a result of a post-election MOG change, a department is abolished, transfers of staff and appropriations must take effect on the day the AAO is made.

Following an election, it is customary for a consolidated AAO to be issued on the day the new ministry is sworn in. Shortly after, departments are asked to review the AAO to ensure that any changes that have been made to the AAO are accurate and reflect the Government’s intentions. If necessary, a second consolidated AAO would then be issued.

1.4 Governance arrangements

Following a MOG change, agencies should ensure their structure and governance arrangements are appropriate. The specific structure and governance arrangements that an agency adopts should promote effective implementation of policy. Financial Management Reference Material No.2, Governance Arrangements for Australian Government Bodies (August 2005) provides guidance on these aspects. Further queries should be directed to the Legislative Review Branch in Finance at <LRB@finance.gov.au>.

1.5 Name or title changes

An Act, or an instrument made under an Act, will often contain a reference to a specific Minister, department or Secretary of a department. After an election or ministerial reshuffle, there are commonly Ministerial and departmental changes and a re-allocation of functions, reflected in a new AAO, which make those references incorrect. In some cases, it will be desirable to amend the Act or instrument appropriately. However, it is not necessary to do so in every case, because sections 19B and 19BA of the Acts Interpretation Act 1901 give the Governor-General the power to make orders which have the same effect.

Such an order may provide that specified references to a Minister, department or Secretary of a department contained in an Act or instrument are to be read as if they referred to the Minister, department or Secretary that is now appropriate because of the AAO changes. Section 19B deals with the case where a Ministerial office or a department has been abolished. Section 19BA deals with the case where the Minister, department or Secretary still exists, but the administrative responsibilities have been re-allocated.

The Attorney-General’s Department is responsible for preparing section 19B and 19BA orders in consultation with other agencies. This will occur as soon as practicable after an AAO is signed. Section 19B and 19BA orders must be registered on the Federal Register of Legislative Instruments and will take effect on the date the order is signed or another date as specified in the order.

1.6 Roles of central agencies

Four agencies are central to the MOG process.

Agency	Role
Department of the Prime Minister and Cabinet	Inform agencies of the Prime Minister’s decisions on machinery of government changes.
Australian Public Service Commission	Advise on movement of staff and PS Act coverage. Power to move staff under section 72 of the PS Act.
Department of Employment and Workplace Relations	Advise on policy framework for determining remuneration, terms and conditions of employment and workplace arrangements.
Department of Finance and Administration	Advise on transfer of appropriations, superannuation issues, accounting, reporting, banking, legal and governance issues.

Downloads:

Contents:

Site help

Site menu