Public administration and governance
AGS's experts are highly-versed in the Administrative Arrangements Order (AAO) and the transition of responsibilities that occurs when the AAO is amended. We are the pre-eminent advisers to the executive government on the responsibilities of ministers to Parliament and parliamentary committees. We advise on the appointment of ministers and the establishment of Commonwealth departments under s 64 of the Constitution. We also advise on the extent of the power of the executive under the Constitution.
We routinely advise on obligations and responsibilities of agencies subject to the PGPA Act and the Commonwealth financial framework generally. For example, we advise on the obligations of a chief executive including issues associated with delegations, the requirements in relation to expenditure of money including the application of the Commonwealth Procurement Guidelines and issues associated with 'outsiders' handling public money.
We also advise Commonwealth authorities on the nature and extent of their statutory powers and functions. Examples of this assistance include advising on obligations to comply with various Commonwealth policies, and helping several CAC bodies put in place systems of delegations and authorisations consistent with their enabling legislation. We also assisted with the development of the governance policy document Governance arrangements for Australian Government bodies.
AGS advises on the delegation of power and the operation of delegations and authorisations, including: the interaction between delegations, determinations and guidelines; the scope of delegated powers; the validity of guidelines; and the application of instruments of delegation.
|Guy Aitken QC||Chief General Counsel||02 6253 7084|
|Leo Hardiman||Deputy General Counsel||02 6253 7074|
|Mark Molloy||Senior General Counsel||02 6253 7421|
|Damian Page||Deputy General Counsel||02 6253 7053|
|Kathryn Graham||Senior General Counsel||02 6253 7167|
|Dr Bridget Gilmour-Walsh||Senior General Counsel||02 6253 7563|
|David Lewis||Senior General Counsel||02 6253 7541|
|Simon Daley PSM||Chief Solicitor Dispute Resolution||02 9581 7490|
|Commercial contacts in relation to FMA/CAC/Reg 10 etc:|
|Kenneth Eagle||Senior Executive Lawyer||03 9242 1290|
- Express law 148 New Commonwealth Procurement Rules (16 April 2010)
- Legal briefing 95 Parliamentary privilege (26 June 2012)
- Legal briefing 85 After the election — what happens? (updated 19 August 2010)
- Fact sheet 13 Tips for new Commonwealth authorities (updated May 2012)
- Fact sheet 11 CAC Act authorities – authorisations and delegations (March 2011)
- Fact sheet 10 Legal issues to consider for new programs (updated November 2012)
- Fact sheet 8 Commonwealth legislation that may apply to Australian Government funding recipients (updated May 2012)
- Fact sheet 7 Commonwealth Procurement Rules (updated May 2012)
- Fact sheet 4 Public Governance, Performance and and Accountability Act issues in Commonwealth property transactions (updated September 2018)
- Fact sheet 2 Probity and legal process advice (updated August 2011)
- Fact sheet 1 Commonwealth legislation that may apply to Australian Government contractors (updated May 2012)
- Constitutional advice on reforms
- Constitutional litigation