{"id":"administrative-arrangements-act-1994","name":"Administrative Arrangements Act 1994","slug":"administrative-arrangements-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31453,"registerId":"sa-administrative-arrangements-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Administrative Arrangements Act 1994","content":"South Australia\nAdministrative Arrangements Act 1994\nAn Act to provide for matters relating to the administration of the Government of the State; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tAlteration of title of ministerial office\n5\tCommittal of Act to Minister\n6\tConferral of ministerial functions and powers\n7\tBody corporate constituted of Minister\n8\tInterpretative provision\n9\tDelegation of functions and powers by a Minister\n9A\tAppointment of delegate Minister\n10\tEvidentiary provision\n11\tProclamations\nSchedule—Transitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Administrative Arrangements Act 1994.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nadministrative unit means an administrative unit of the Public Service, and includes a former department or administrative unit under the Public Sector Act 2009 or a repealed Act;\nfunction includes a duty;\nMinister means a Minister of the Crown and includes a body corporate constituted of a Minister;\npublic sector employee has the same meaning as in the Public Sector Act 2009.\n4—Alteration of title of ministerial office\nThe Governor may, by proclamation, alter the title of a ministerial office.\n5—Committal of Act to Minister\n\t(1)\tThe Governor may, by proclamation, commit the administration of an Act to a Minister.\n\t(2)\tA proclamation under subsection (1) will have the effect of revoking the previous committal of the administration of the Act (if any).\n6—Conferral of ministerial functions and powers\n\t(1)\tThe Governor may, by proclamation, confer a ministerial function or power on a Minister named in the proclamation.\n\t(2)\tA proclamation under subsection (1) will have the effect of withdrawing the function or power from the Minister in whom it was previously vested.\n7—Body corporate constituted of Minister\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tconstitute the person for the time being appointed to, or acting in, a particular ministerial office a body corporate;\n\t(b)\ttransfer all or some of the assets, rights or liabilities of a body corporate constituted of a Minister to—\n\t(i)\tthe Crown; or\n\t(ii)\tanother body corporate that is an agent or instrumentality of the Crown whether constituted of a Minister or not;\n\t(c)\tdissolve a body corporate constituted of a Minister;\n\t(d)\tvest the assets and rights and attach the liabilities of a body corporate dissolved under paragraph (c) in—\n\t(i)\tthe Crown; or\n\t(ii)\tanother body corporate that is an agent or instrumentality of the Crown whether constituted of a Minister or not.\n\t(2)\tIf the functions or powers of a body corporate constituted under subsection (1) are to be limited, they must be specified in the proclamation constituting the body corporate.\n\t(3)\tThe name of a body corporate constituted under subsection (1) will, unless the proclamation provides otherwise, be the title for the time being of the ministerial office in relation to which the body is constituted.\n\t(4)\tThe Governor may, by proclamation, alter the name of a body corporate constituted under subsection (1).\n8—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in an Act, a statutory instrument (including a proclamation under this Act), any other kind of instrument or a contract, agreement or other document to a Minister, an administrative unit or an officer or employee of the Public Service (whether under the Public Sector Act 2009 or a repealed Act) or of the Crown will have effect as if it were a reference to a Minister, an administrative unit or a public sector employee (respectively) specified in the proclamation.\n\t(2)\tA proclamation under subsection (1) may effect a transfer of functions or powers.\n\t(3)\tUnless the contrary intention appears or the context requires a different interpretation, a reference in an Act, a statutory instrument (including a proclamation under this Act), any other kind of instrument or a contract, agreement or other document to a Minister is a reference to—\n\t(a)\tif the Minister is not constituted a body corporate—the person for the time being appointed to, or acting in, the relevant ministerial office; or\n\t(b)\tif the Minister is constituted a body corporate—the body corporate.\n9—Delegation of functions and powers by a Minister\n\t(1)\tA Minister may, by notice published in the Gazette, delegate any of his or her functions or powers under an Act to another Minister.\n\t(2)\tThe Minister may, by subsequent notice published in the Gazette, vary or revoke a delegation.\n\t(3)\tThe delegation of a function or power by a Minister does not prevent the Minister from carrying out the function or exercising the power.\n\t(4)\tThe delegation by a Minister of a function or power to another Minister under this section or to another Minister or other person under some other Act or law remains effective after the function or power is transferred to, or is otherwise vested in, another Minister but is subject to variation or revocation by the other Minister.\n\t(5)\tThe appointment or authorisation by a Minister of another person to undertake an act or activity remains effective after the function or power on which the appointment or authorisation is based has been transferred to, or otherwise vested in, another Minister but is subject to variation or revocation by the other Minister.\n9A—Appointment of delegate Minister\n\t(1)\tThe Governor may, by proclamation, appoint a Minister as the delegate Minister of another Minister.\n\t(2)\tA Minister appointed under subsection (1) as the delegate Minister of another Minister has all the functions and powers of the other Minister (but the other Minister is not as a result prevented from carrying out or exercising any of the functions or powers).\n10—Evidentiary provision\nIn legal proceedings a certificate purporting to be signed by a Minister that he or she is, or was on a particular date—\n\t(a)\tthe Minister to whom the administration of a specified Act is, or was, committed; or\n\t(b)\tthe Minister in whom a specified function, power, asset or right is, or was, vested,\nmust, in the absence of proof to the contrary, be accepted as proof of the matter certified.\n11—Proclamations\n\t(1)\tSubject to subsection (2), a proclamation under this Act has effect notwithstanding any Act or law to the contrary.\n\t(2)\tAn Act may expressly exclude the operation of subsection (1).\n\t(3)\tThe Governor may, by proclamation, vary or revoke a proclamation under this Act.\nSchedule—Transitional provision\n1\tA proclamation or a delegation under the Administration of Acts Act 1910 that was in force immediately before the commencement of this Act will be taken to have been made under this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Administrative Arrangements Act 1994 repealed the following:\nAdministration of Acts Act 1910\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n3\n Administrative Arrangements Act 1994\n31.3.1994\n31.3.1994\n1997\n69\n Statutes Amendment (Ministers of the Crown) Act 1997\n11.12.1997\nPt 3 (s 8)—17.12.1997 (Gazette 17.12.1997 p1639)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 9 (ss 19 & 20)—1.2.2010 (Gazette 1.2.2010 p320)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nadministrative unit\nsubstituted by 84/2009 s 19(1)\n1.2.2010\npublic sector employee\ninserted by 84/2009 s 19(2)\n1.2.2010\nthe Public Service\ndeleted by 84/2009 s 19(2)\n1.2.2010\ns 8\n\n\ns 8(1)\nsubstituted by 84/2009 s 20(1)\n1.2.2010\ns 8(4)\ndeleted by 84/2009 s 20(2)\n1.2.2010\ns 9A\ninserted by 69/1997 s 8\n17.12.1997\nHistorical versions\nReprint No 1—17.12.1997\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislation text was not retrievable. The URL provided returned a 'Page Not Found' error, meaning no content was available to assess whether the Act's scope shifted from its original intent."},"complexity_factors":["No actual legislative text was provided — only a website error page was received","No provisions, schedules, definitions, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without the source document"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've requested — the **Administrative Arrangements Act 1994 (SA)** — could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What this means for you\n- The actual text of the Act was **not delivered** — only an error page was received.\n- No meaningful legal analysis of this Act can be performed from the content provided.\n- If you need to read this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Administrative Arrangements Act 1994*.\n\n### What the Act generally does (from general knowledge)\nThe *Administrative Arrangements Act 1994* (SA) is a **machinery-of-government** law. It governs how South Australian government departments and administrative units are structured, named, and reorganised. It allows the Premier or Governor to reassign responsibilities between departments without needing a new Act of Parliament each time — making it easier to restructure government when priorities change. It primarily affects **public servants, government agencies, and anyone dealing with SA government departments**."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act replaced the Administration of Acts Act 1910 (Schedule) and has since been amended: s 9A (appointment of a delegate Minister) was inserted in 1997, and in 2009 definitions and s 8 were revised (s 8(1) substituted; s 8(4) deleted and definitions for 'administrative unit' and 'public sector employee' updated). These amendments expanded and clarified delegation, interpretative and reference‑transfer powers compared with the original text, changing the Act's practical scope."},"complexity_factors":["Wide proclamation powers vested in the Governor to alter titles, transfer functions, create/dissolve ministerial bodies corporate and re‑interpret references across other instruments (ss 4–8, 11)","Ability to transfer assets, rights and liabilities between ministerial bodies and the Crown or other crown agencies (s 7(1)(b), 7(1)(d))","Delegation and appointment mechanisms between Ministers, including continued effect after transfers but subject to variation or revocation (ss 9, 9A)","Interpretative provisions that can change the legal reference of a Minister, administrative unit or employee in other Acts, instruments and contracts (s 8(1)–(3))","Evidentiary certificate rule that creates a presumption in legal proceedings about who held a ministerial role or power (s 10)","Proclamation primacy clause allowing proclamations under this Act to operate notwithstanding other laws unless expressly excluded (s 11(1)–(2))","Transitional continuity for instruments made under the repealed Administration of Acts Act 1910 (Schedule)","Amendments over time (notably insertion of s 9A in 1997 and substitution/deletion in s 8 and definition updates in 2009) that alter scope and require cross‑checking historical instruments"],"plain_english_summary":"This Act lets the Governor, mainly by proclamation, reassign ministerial titles, commit Acts to ministers, confer or transfer ministerial functions and powers, create or dissolve ministerial bodies corporate, and direct how statutory references are read. It also lets ministers delegate powers to other ministers or have delegate Ministers appointed. It affects ministers, public sector units and employees, and anyone dealing with government because it changes who legally holds decision‑making authority, who can act on behalf of others, and how those arrangements are evidenced."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of providing machinery for government administration. The 2009 amendments updated terminology to reflect the Public Sector Act 2009, and the 1997 amendment added section 9A for delegate Ministers, but these are evolutionary refinements rather than scope expansion. The Act has not grown beyond its core function of enabling executive reorganisation."},"complexity_factors":["Only 4 defined terms in the interpretation section (section 3)","Straightforward structure with single-level subsections, minimal nesting","Cross-references limited to the Public Sector Act 2009 for definitions","Some conditional logic in section 8(3) regarding body corporate status, but otherwise linear drafting","Evidentiary provision (section 10) creates a rebuttable presumption — standard legal mechanism","Section 11(1) contains a 'notwithstanding' clause (overrides other laws), which is a significant power but clearly expressed","Relatively short Act — approximately 11 operative sections plus a single transitional provision","No exceptions to exceptions or deeply nested provisos"],"plain_english_summary":"This South Australian law sets out the rules for how the State Government organises itself and hands out responsibilities among Ministers.\n\n**What it does:**\nThe Act gives the Governor (acting on ministerial advice) broad powers to:\n- **Change ministerial titles** — rename a Minister's position (e.g., from \"Minister for Education\" to \"Minister for Schools\")\n- **Assign who runs which laws** — decide which Minister is responsible for administering a particular Act\n- **Give and take away powers** — transfer specific functions or powers from one Minister to another\n- **Create legal bodies out of Ministers** — turn a Minister into a \"body corporate\" (a separate legal entity that can own property, sue, and be sued in its own name, rather than just being the person holding the office)\n- **Move assets around** — transfer money, property, or debts between these Minister-bodies, the Crown, or other government entities\n- **Fix references in old documents** — update mentions of old department names or Ministers in existing laws and contracts so they point to the right current office\n- **Let Ministers delegate work** — allow one Minister to hand their powers to another Minister, either temporarily or permanently\n- **Appoint \"delegate Ministers\"** — formally appoint one Minister to act with the full authority of another Minister\n\n**Who it affects:**\n- **Ministers** — it governs how they get, keep, and share their powers\n- **Public servants** — their work is assigned through these administrative arrangements\n- **Anyone dealing with government** — contracts, legal proceedings, and rights may depend on which Minister or body corporate holds particular powers\n\n**Why it matters:**\nThis is the machinery of government. It lets the Premier reshuffle the Cabinet and reorganise departments without needing to pass new laws through Parliament each time. It ensures continuity when governments change — old delegations and appointments stay valid even after a reshuffle. The \"body corporate\" provisions are particularly important because they let Ministers hold property and enter contracts as legal entities separate from the individuals holding office, so things don't get messy when a Minister resigns or is replaced."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/administrative-arrangements-act-1994","history":"/api/acts/administrative-arrangements-act-1994/history","analysis":"/api/acts/administrative-arrangements-act-1994/analysis","conflicts":"/api/acts/administrative-arrangements-act-1994/conflicts","importantCases":"/api/acts/administrative-arrangements-act-1994/important-cases","documents":"/api/acts/administrative-arrangements-act-1994/documents"}}