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.
Three important changes under the new Crisafulli government
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).
What are Machinery of Government changes?
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:
- an Administrative Arrangements Order, which the Governor in Council makes; or
- Departmental Arrangements Notices, which the Public Service Commission issues.
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.
What can departments do to prepare for Machinery of Government changes?
Departments can take steps to prepare for the impact of a MoG change. Below are three important areas.
Delegations
- review instruments of delegation and, where appropriate, update them to ensure there is timely decision-making and operational continuity.
- confirm that delegations conform to the Administrative Arrangements Order and the new structure, and are consistent across the agency.
- review relevant legislation and adjust references in instruments of delegation, where necessary.
Review existing obligations in contracts, leases and litigation
- identify opportunities for review and renegotiation of terms and contracts.
- transfer contracts for outgoing functions.
- contact the person responsible for running the litigation for a briefing.
Identify and resolve any issues related to shared service arrangements
- consider the impact of the MoG changes on shared services arrangements, including any impacts on the shared service provider.
- Renegotiate Service Level Agreements (SLA) if necessary.
- consider controls in place to ensure compliance with the SLA including implications for breach of agreements.
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.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
