Machinery of Government (MoG) changes: A guide
What is a MoG change?
A Machinery of Government (MoG) change occurs when the Government decides to change the way Commonwealth responsibilities are managed. It can involve the movement of functions, resources and people from one agency to another.
1. Agencies are expected to implement change in a way that is consistent with the principles outlined in the Executive Summary.
About MoG changes
A MoG change
2. A MoG change can be the result of:
- a change to the Administrative Arrangements Order (AAO)
- a decision of the Prime Minister or Cabinet regarding the move of responsibilities and function between agencies (where this change does not result in a change to the AAO).
3. A MoG change can lead to:
- the creation of a new government agency
- the creation of a new portfolio
- the movement of agencies between portfolios
- the closure of an existing government agency; and/or
- the movement of functions and responsibilities from:
- an Australian Public Service agency to another APS agency
- an APS agency to a non- APS agency
- a non- APS agency to an APS agency
4. The Department of the Prime Minister and Cabinet (PM&C) will inform agencies of Government decisions resulting in MoG changes.
Administrative Arrangements Order
5. On the advice of the Prime Minister, the Governor-General appoints Ministers, establishes Departments of State and allocates executive responsibility to Ministers through the Administrative Arrangements Order (AAO).
6. The AAO is published in the Commonwealth Gazette and posted on the PM&C website. It describes the principal matters dealt with by each Commonwealth department and the legislation administered by the relevant Minister.
7. Changes to the AAO can happen at any time. Changes are more common following a general election as a new Government puts arrangements in place to implement its priorities and programs.
8. A MoG change within a portfolio, or the movement of some functions between portfolios, may not require changes to the AAO. PM&C will advise on whether a change to the AAO is necessary.
9. Legislative change is sometimes needed to put administrative arrangements in place, for example to create or close an agency. Agencies are advised to seek legal advice if legislative change may be necessary. Where legislative change is required, agencies should prepare drafting instructions to issue to the Office of Parliamentary Counsel.
10. It may be necessary to change the names of Departments and agencies or the title of responsible Ministers as they appear in Acts or legislative instruments. In some cases, the Acts Interpretation Act 1901 can be used to give the same effect. Further advice on the impact of a name change can be obtained from the Attorney-General's Department.
MoG change date of effect
11. The date of effect of a MoG change will be either:
- the date change to the AAO was issued
- the date specified in a decision by the Prime Minister or Cabinet, or
- the date specified in legislation or a legislative instrument.
12. Where a MoG change is anticipated, affected agencies should prepare in advance for the expected date of the MoG change.
Role of central agencies
13. Department of the Prime Minister and Cabinet
- informs agencies of the Prime Minister's decisions on MoG changes.
14. Australian Public Service Commission
- makes determinations under section 72 of the Public Service Act 1999 (the PS Act) to move staff
- advises on the PS Act, remuneration policy, terms and conditions of employment and workplace arrangements.
15. Department of Finance
- makes determinations under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act( to transfer appropriation funding
- advises on governance arrangements, superannuation, accounting and budgeting, reporting, insurance, property management issues and the Central Budget Management System (CBMS).
16. National Archives of Australia
- permits the transfer of custody or ownership of records outside the Commonwealth where appropriate
- advises on policy, mechanisms and standards for the transfer of information, records and data between agencies.