What ministers and departments do

The short answer

ministers and departments do

Ministers are politically accountable for portfolios and make authorised decisions; departments provide administration and advice under law. A minister cannot create any power merely by announcing a preference. Under Australia's Westminster system, ministers are members of Parliament appointed by the Governor-General on the advice of the Prime Minister to head government departments. Each minister is responsible for a portfolio, which may include one or more departments and statutory agencies. Ministers make policy decisions, introduce legislation, answer to Parliament for their portfolio's conduct and expenditure, and exercise statutory powers conferred by Acts of Parliament. Departments are the permanent administrative bodies staffed by public servants employed under the Public Service Act 1999. They implement government policy, administer programs, provide policy advice to ministers, manage contracts and grants, and ensure compliance with legislation. The department is headed by a secretary, a senior public servant appointed by the Prime Minister, who is responsible for the department's efficient administration and for providing frank and impartial advice. The key distinction is that ministers are temporary political office-holders accountable to Parliament and ultimately to voters, while departments are ongoing administrative institutions staffed by apolitical public servants who serve the government of the day regardless of which party holds office.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

How ministers are appointed and what they are responsible for

Ministers are appointed by the Governor-General on the recommendation of the Prime Minister under section 64 of the Australian Constitution. They must be, or become within three months, a member of either the House of Representatives or the Senate. The Prime Minister allocates portfolios, which set out each minister's area of responsibility. The Administrative Arrangements Order, published by the Department of the Prime Minister and Cabinet, formally specifies which departments and legislation each minister administers.

A minister's responsibilities include: developing and announcing government policy within their portfolio; introducing and steering legislation through Parliament; making decisions under Acts that confer statutory powers on the minister, such as approving grants, issuing licences or making regulations; answering questions in Parliament about their portfolio's conduct and expenditure; and representing Australia internationally in their area of responsibility. Ministers are supported by assistant ministers and parliamentary secretaries who may be delegated specific functions. Ministers are collectively responsible to Parliament through the principle of responsible government: they must retain the confidence of the House of Representatives and answer for government decisions as a team under the doctrine of cabinet solidarity.

Evidence review

What departments do and how they are structured

Commonwealth departments are established under the Public Service Act 1999 and listed in the Administrative Arrangements Order. Each department is headed by a secretary, who is employed under the Act and appointed by the Governor-General on the advice of the Prime Minister. The secretary is the department's accountable authority under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and is responsible for the department's financial management, performance and risk oversight.

Departments perform several core functions: policy advice, including researching options, modelling impacts and preparing cabinet submissions; program administration, such as delivering payments, managing grants and running services; regulatory functions, including compliance monitoring, licensing and enforcement; and corporate services like human resources, information technology and financial management. Departments also support ministers by preparing briefings, drafting responses to parliamentary questions and correspondence, and coordinating the passage of legislation.

Public servants in departments are employed under the Public Service Act and are required to uphold the Australian Public Service (APS) Values, including impartiality, commitment to service, accountability, respect and ethical behaviour. They serve the government of the day regardless of its political composition and provide advice that is frank, honest, timely and based on the best available evidence. Public servants are not permitted to engage in partisan political activity in the course of their employment.

Evidence review

The difference between ministerial decisions and departmental actions

Not every government action is a ministerial decision, and the distinction matters for accountability and legal validity. Ministers exercise powers that are conferred on them personally by legislation, such as approving a major project under the Environment Protection and Biodiversity Conservation Act 1999, issuing a direction to a regulator or making a legislative instrument. These decisions must be made in accordance with the empowering Act, are subject to administrative law review and may be challenged in court if made improperly.

Many government actions are departmental rather than ministerial. Departmental officers exercise delegated powers, process routine applications according to published guidelines and manage contracts and procurement within approved budgets. These actions are taken in the name of the department or its secretary, not the minister personally. The PGPA Act requires departmental officials to act with care and diligence and to make decisions that are consistent with the policies of the Australian Government while complying with the law.

A minister cannot create a new power or obligation simply by announcing a policy preference or issuing a media release. Unless the minister exercises a power already conferred by legislation, or Parliament passes new legislation, an announcement alone has no legal effect. This distinction is frequently confused in public debate, where a ministerial statement may be reported as though it has changed the law when in fact it only signals an intention that may or may not be realised through future legislative or executive action.

Evidence review

Accountability mechanisms for ministers and departments

Ministers are accountable to Parliament through multiple mechanisms. Question time in both the House of Representatives and the Senate allows members to question ministers directly about portfolio matters. Senate estimates hearings, conducted by Senate standing committees, examine the expenditure and operations of departments and agencies in detail, with public servants and ministers required to answer questions about proposed and past spending. Parliamentary committees can also conduct inquiries into portfolio matters and compel the production of documents and the attendance of witnesses.

Departments are accountable through their annual reports, which are tabled in Parliament and disclose financial performance, staffing, program outcomes and compliance with reporting requirements. The Australian National Audit Office (ANAO) conducts independent performance and financial statement audits of departments and agencies and reports to Parliament. The Commonwealth Ombudsman investigates complaints about departmental actions and can make recommendations for remedy. Departments are also subject to freedom of information requests under the Freedom of Information Act 1982, which provide public access to government documents subject to specified exemptions.

Both ministers and public servants are subject to codes of conduct. The Statement of Ministerial Standards, issued by the Prime Minister, sets out the standards of behaviour expected of ministers, including requirements relating to conflicts of interest, the use of public resources and post-ministerial employment. The APS Code of Conduct, set out in the Public Service Act, applies to all departmental employees and is enforced by agency heads and the Australian Public Service Commissioner.

Evidence review

The Administrative Arrangements Order and machinery of government

The Administrative Arrangements Order (AAO) is a formal instrument made by the Governor-General on the advice of the Prime Minister that specifies the matters dealt with by each department and the legislation administered by each minister. The AAO is updated whenever there is a change of government, a cabinet reshuffle or a reorganisation of departmental structures, known as machinery of government changes. The current AAO is published on the Department of the Prime Minister and Cabinet website and on the Federal Register of Legislation.

Machinery of government changes can involve creating new departments, abolishing existing ones, transferring functions between departments or renaming portfolios. When functions move, the associated legislation, appropriations, staff, contracts and records are transferred to the receiving department by administrative order. These changes can have significant practical consequences: a program that was previously administered by one department may be subject to different priorities, processes and funding decisions after moving to another.

The Directory of Government, maintained by the Department of Finance at directory.gov.au, provides the authoritative listing of all Commonwealth departments, agencies and statutory bodies, including their responsible minister, secretary or CEO, and contact information. It is updated regularly and serves as the official record of the structure of the Australian Government. Anyone seeking to verify which minister or department is responsible for a particular function should consult the AAO and the Directory rather than relying on media reports or historical information.

Evidence review

What ministers and departments cannot do

A minister does not have power to direct public servants to act unlawfully, to spend money without parliamentary appropriation, to interfere with independent statutory office holders, to override a court decision or to make a decision for an improper purpose. These limits are enforced through administrative law, the PGPA Act, parliamentary scrutiny and judicial review. A minister who exceeds their lawful authority may have their decision overturned by a court or tribunal, and in serious cases may face parliamentary censure or be required to resign.

Departments cannot set government policy, introduce legislation, make regulations (unless specifically delegated), or decide the government's political priorities. These are ministerial and governmental functions. Departments advise, implement and administer. They also cannot spend money for purposes not authorised by Parliament, as required by section 83 of the Constitution and the PGPA Act. The separation between political direction and administrative execution is a fundamental feature of the Westminster system, designed to ensure that elected representatives control government policy while permanent public servants provide continuity, expertise and impartial service.

Common questions

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