14 November 2024
10 min read
#Government, #Queensland Government
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On 1 November 2024, the newly elected Crisafulli government re-organised departments in the public sector through an Administrative Arrangements Order. This resulted in 22 reshaped government departments, with implications across the sector and for those who engage with government.
The schedule to the consolidated Administrative Arrangements Order sets out the Minister’s title, the Minister’s principal ministerial responsibilities, Acts administered by each Administrative Unit under each portfolio, and the responsible heads of each Administrative Unit.
The arrangements are determined solely by the Premier and are made by Order in Council according to section 44 of the Constitution of Queensland 2001. A summary of the changes can be found in the Public Service Departmental Arrangements Notice (No.9) 2024 here.
Among the numerous changes enacted, we highlight three examples for further discussion.
First is the creation of an entirely new department, the Department of Customer Services, Open Data and Small and Family Business. This department will be driving the government's priorities in technology, intellectual property and service delivery, and be responsible for small and family business advocacy and resilience. It draws from several previous departments to form a new entity.
Second, the Department of Energy and Climate has been abolished, with its functions now integrated into Queensland Treasury. Queensland Government Procurement, which sat as a function with the former Department of Energy and Climate, has moved to the newly named Department of Housing and Public Works, which says goodbye to Local Government and Planning, and hello to Youth and the Office of the Nightlife Economy Commissioner.
Lastly, in one of the bigger re-organisations, the Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism replaces the former Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts. Women, and the Office of First Nations Engagement and Innovation have been added, while several other offices have been moved, including the Office of Veterans (to Premier’s), the Queensland State Archives (to Justice), Arts Queensland (to Education), Youth (to Housing and Public Works), volunteering, community recovery (to Local Government, Water and Volunteers) and community services (to Families, Seniors, Disability Services and Child Safety).
The above changes are generally known as Machinery of Government, or MoG changes. These occur when the government restructures the functions managed by its departments, usually resulting in the transfer of specific functions and legislative responsibilities from one department to another. Such changes may involve the creation of a new agency, the closure of an existing agency (or function within an agency) or the merger or transfer of agencies (or functions within them).
MoG changes can arise through two processes:
A recent example of a MoG change through a Departmental Arrangements Notice was the transfer of Forensic Science Queensland, a body previously within Queensland Health, to the Department of Justice (formerly Department of Justice and Attorney-General). This is an ongoing and challenging transfer in a variety of areas – for example, the Queensland Health payroll system is different to the rest of the Queensland public sector, so merging staff into a new system is a unique process.
Departments can take steps to prepare for the impact of a MoG change. Below are three important areas.
Delegations
Review existing obligations in contracts, leases and litigation
Identify and resolve any issues related to shared service arrangements
Further areas to examine in a MoG change include records management, reviewing accountability arrangements, considering financial reporting provisions under the Financial and Performance Management Standard 2009 for newly formed and abolished departments and statutory bodies, as well as any financial reporting requirements issued by Queensland Treasury.
Organisations may be affected by some or all of the above changes. Don’t be afraid to reach out and obtain independent legal advice from experts in government law. Our government team has extensive experience in and can assist with the changes associated with being MoG-ed, including processes of reviewing and drafting delegations, and reviewing contracts, leases and service level agreements.
Authors: Joanne Jary & Cosmo Cater
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Bills lapsed
Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024
Crime and Corruption Amendment Bill 2023
Crime and Corruption (Reporting) Amendment Bill 2024
Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024
Crocodile Control, Conservation and Safety Bill 2024
Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024
Education (General Provisions) and Other Legislation Amendment Bill 2024
Education (General Provisions) (Extension of Primary Schools in Remote Areas) Amendment Bill 2023
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
Land Valuation Amendment Bill 2023
Mount Isa Mines Limited Agreement (Continuing Mining Activities) Amendment Bill 2024
Planning and Other Legislation (Make Developers Pay) Amendment Bill 2023
Public-Private Partnership (Transparency and Accountability) Bill 2024
Termination of Pregnancy (Live Births) Amendment Bill 2024
Proclamations commencing Acts made
Subordinate legislation notified
Electrical Safety (Codes of Practice) and Other Legislation Amendment Notice 2024
Electrical Safety and Other Legislation Amendment Regulation 2024
Legal Profession (Australian Solicitors Conduct Rules) Notice 2024
Legal Profession (Barristers Rules) Notice 2024
Liquor (Approval of Adult Entertainment Code) Regulation 2024
Manufactured Homes (Residential Parks) Amendment Regulation 2024
Medicines and Poisons (Medicines) Amendment Regulation (No. 3) 2024
Nature Conservation (Protected Areas) (Eastern Kuku Yalanji Area) Amendment Regulation 2024
Youth Justice (Conduct of Searches and Other Matters) Amendment Regulation 2024
Biosecurity (Updating of Code of Practice and Biosecurity Zone Map) Amendment Regulation 2024
Disaster Management (QDMC and SDM Group Membership) Amendment Regulation 2024
Education (General Provisions) (Corymbia State School) Amendment Regulation 2024
Integrity Amendment Regulation 2024
Mutual Recognition (Queensland) Amendment Regulation 2024
Planning (Rural Workers’ Initiative and Other Matters) Amendment Regulation 2024
Subordinate legislation repealed
Legal Profession (Australian Solicitors Conduct Rules) Notice 2022
Legal Profession (Barristers Rules) Notice 2018
Liquor (Approval of Adult Entertainment Code) Regulation 2002
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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