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Agencies & people

Department of Territories (II)

  • TA 118
  • Corporate body
  • 13 December 1984 - 24 July 1987

The Department of Territories [II] was created on 13 December 1984 by Executive Council Minute No PSB 1984/80. The Administrative Arrangements Orders of 13 December 1984 (notified in Commonwealth Gazette, No S521, 13 December 1984) stated that the new Department dealt with the following principal matters:

. Administration of the Australian Capital Territory, the Jervis Bay
Territory, the Territory of Cocos (Keeling) Islands, the Territory
of Christmas Island, the Coral Sea Islands Territory and the
Territory of Ashmore and Cartier Islands and of Commonwealth
responsibilities on Norfolk Island.
. Constitutional development of the Northern Territory of Australia.
The new Department inherited all these functions and the
responsibility for the administration of the following legislation (outlined in Administrative Arrangements Orders of 13 December 1984) from the former Department of Territories and Local Government (CA 3499):

. Ashmore and Cartier Island Acceptance Act 1933
. Australian Capital Territory Electricity Supply Act 1962
. Australian Capital Territory Gaming and Liquor Authority Act 1981
. Australian Federal Policy Act 1979 (section 69)
. Canberra Water Supply (Googong Dam) Act 1974
. Christmas Island Act 1958
. Christmas Island Agreement Acts
. Cocos (Keeling) Islands Act 1955
. Commonwealth Functions (Statutes Review) Act 1981 Part II
. Coral Sea Islands Act 1969
. Darwin Lands Acquisition Act 1945
. Jervis Bay Territory Acceptance Act 1915
. National Capital Development Commission Act 1957
. Norfolk Island Act 1979
. Northern Territory Acceptance Act 1910
. Northern Territory (Self-Government) Act 1978 except sections 69
and 70
. Parliament Act 1974
. Parliament House Construction Authority Act 1979
. Removal of Prisoners (Territories) Act 1923, insofar as it relates
to the Northern Territory of Australia (except to the extent
administered by the Attorney-General) and to Norfolk Island, the
Territories of Cocos (Keeling) Islands, the Territory of Christmas
Islands, the Coral Sea Islands Territory and of Ashmore and Cartier
Islands
. Seat of Government Acceptance Acts
. Seat of Government Act 1908
. Seat of Government (Administration) Act.

On 2 December 1985 the Minister for Territories announced the Government's intention to combine most ACT administrative functions within a single portfolio. The Prime Minister's Press Release of 12 December, describing that administrative change, stated that:

"The principal functions have been transferred with effect from
today are those relating to territorial health services and the
ACT education system with the exception of post-secondary
education. Certain other territorial functions which were
previously the responsibility of the Minister for Housing and
Construction, Local Government and Administrative Services, Primary
Industry, and the Attorney-General have also been transferred.

"The opportunity has also been taken to transfer from the Minister
for Territories two national functions. These are the Canberra
National Memorials Committee and the National Botanic Gardens which
will now be the responsibility of the Minister for Arts, Heritage
and Environment.

"The Minister for Territories will be responsible for providing a
co-ordinated overview of ACT activities and budgetary processes.
These will be separately reported on an annual basis from 1986/87."
The Press Release stated the Government saw these changes as being a significant step towards the establishment of the ACT Council, which was to operate from 1 January 1987 and was to replace the ACT House of Assembly.

The Administrative Arrangements Orders issued at that time
(Commonwealth Gazette, No S523, 12 December 1985) stated that:

(a) the matters dealt with by the Department of Territories include
Administration of the Australian Capital Territory, including
Territorial health and pre-school, primary and secondary
education;

(b) the enactments administered by the Minister of State for
Education include the Commonwealth Teaching Service Act 1922,
except insofar as it relates to pre-school, primary and secondary
education; and

(c) the enactments administered by the Minister of State for
Territories include the Commonwealth Teaching Service Act 1922
insofar as it relates to pre-school, primary and secondary
education.

The Press Release indicated that the Minister for Territories would receive:

Legal policy responsibility for matters transferred from the Attorney-General and legislative drafting associated with functions to be transferred to the new ACT Council from the Attorney-General.
The Territorial education system (excluding post secondary
education) was to be transferred to Territories [II] from the Education potfolio while the Territorial health system was
transferred from the Department of Health.

The Minister for Housing and Construction transferred
responsibility for operations, repairs and maintenance and design and construction associated with functions to be transferred to the new ACT Council (including water and sewerage services).

Responsibility for accommodation, cleaning, surveying and mapping and vehicle operations for functions to be transferred to the new ACT Council was transferred to Territories [II] from the Minister for Local Government and Administration Services and administration of the Stock Diseases Ordinance 1933 was transferred from the Primary Industry [II] portfolio.

At the same time, responsibility for the National Botanic Gardens and the Canberra National Memorials Committee was transferred from Territories [II] to the Arts, Heritage and Environment portfolio. Details of the December 1985 administrative rearrangements are subject to further research.

In July 1987 the Prime Minister announced a major restructuring of the administration, resulting in the amalgamation of 28 departments into 16 `super-ministeries'. The Department of Territories [II] (CA 4135) was abolished. Most of its functions passed to the new
Department of the Arts, Sport, the Environment, Tourism and
Territories (CA 5984) while the Parliament House Construction Authority Act 1979 passed to the Department of Administrative Services [II] (CA 5983).

Minister for the Department was:

13 Dec 1984 - 24 Jul 1987 : Hon Gordon Glen Denton Scholes
(CP 309).

Secretary to the Department was:

13 Dec 1984 - 24 Jul 1987 : J D Enfield.

Department of Territories & Local Government - Central Office

  • TA 122
  • Corporate body
  • 11 March 1983 - 13 December 1984

The Department of Territories and Local Government was created on 11 March 1983 by a meeting of the Federal Executive Council (notified in Commonwealth Gazette, No S45, 11 March 1983). In his Press Statement of 10 March 1983 the Prime Minister Designate (the Hon R J Hawke) stated that the Department of the Capital Territory (CA 1477) had been renamed the Department of Territories and Local Government in view of significant changes of functions. The Government had decided that:

"the Territories and important local government responsibilities of
the Commonwealth would be located with the Department of the
Capital Territory, as a department of Territories and Local
Government. With our commitment towards self government in the ACT,
a department solely with Capital Territory responsibilities no
longer seems warranted."

The Administrative Arrangements Orders of 11 March 1983 (notified in Commonwealth Gazette, No S46, 11 March 1983) stated that the new Department dealt with the following 'principal matters':

. Administration of the Australian Capital Territory, the Jervis Bay
Territory, the Territory of Cocos (Keeling) Islands, the Territory
of Christmas Island, the Coral Seas Islands Territory and the
Territory of Ashmore and Cartier Islands and of Commonwealth
responsibilities on Norfolk Island
. Constitutional development of the Northern Territory of Australia
. Matters relating to local government.

The new Department inherited responsibility for the administration of the Australian Capital Territory and Jervis Bay Territory from the former Department of the Capital Territory (CA 1477) and the function of local government from the Department of National Development and Energy (CA 2979). The other principal matters in the above list were received from the Department of Home Affairs and Environment (CA 3068).

The same Administrative Arrangements Orders stated that the Minister for Territories and Local Government was responsible for the
administration of the following legislation:

. Ashmore and Cartier Islands Acceptance Act 1933
. Australian Capital Territory Electricity Supply Act 1962
. Australian Capital Territory Gaming and Liquor Authority Act 1981
. Australian Federal Police Act 1979, section 69
. Canberra Water Supply (Googong Dam) Act 1974
. Christmas Island Agreement Acts
. Cocos (Keeling) Islands Act 1955
. Commonwealth Functions (Statutes Review) Act 1981, Part II
. Coral Sea Islands Act 1969
. Darwin Lands Acquisition Act 1945
. Jervis Bay Territory Acceptance Act 1915
. National Capital Development Commission Act 1957
. Norfolk Island Act 1979
. Northern Territory Acceptance Act 1910
. Northern Territory (Self-Government) Act 1978, except section 69
and 70
. Parliament Act 1974
. Parliament House Construction Authority Act 1979
. Removal of Prisoners (Territories) Act 1923, insofar as it relates
relates to the Northern Territory of Australia (except to the
extent administered by the Attorney-General) and to Norfolk
Island, the Territory of Cocos, Keeling) Islands, the Territory of
Christmas Island, the Coral Sea Islands Territory and the
Territory of Ashmore and Cartier Islands
. Seat of Government Acceptance Acts
. Seat of Government Act 1908
. Seat of Government (Administration) Acts.

The Acts were received from the Department of the Capital Territory with the exception of the Christmas Island Agreement Acts which were gained from the Department of Administrative Services [II] (CA 1964) and the following legislation inherited from the Department of Home Affairs and Environment:

. Ashmore and Cartier Islands Acceptance Act 1933
. Cocos (Keeling) Islands Act 1955
. Coral Seas Islands Act 1969
. Darwin Lands Acquisition Act 1945
. Norfolk Island act 1979
. Northern Territory Acceptance Act 1910
. Northern Territory (Self Government) Act 1978 except sections 69
and 70
. Removal of Prisoners (Territories) Act 1923, insofar as it relates
to the Northern Territory of Australia (except to the extent
administered by the Attorney-General) and to Norfolk Island, the
Territory of Cocos (Keeling) Islands, the Territory of Christmas
Island, the Coral Sea Islands Territory and the Territory of
Ashmore and Cartier Islands.

In the Administrative Arrangements Orders of 1 July 1983 the
Department of Territories and Local Government received
responsibility for the Local Government (Personal Income Tax Sharing) Act 1976 from the Department of Prime Minister and Cabinet (CA 1401).

In the changes of 1984, the Department inherited responsibility for administration of the part of the Urban and Regional Development (Financial Assistance) Act 1974 relating to local government which was previously administered by the Department of Industry and Commerce [II] (CA 3256). The Australian Capital Territory Gaming and Liquor Authority Act 1981 does not appear in the Administrative Arrangements Orders of 1 July 1984 as it was only a temporary legislation.

In the 1983 edition of the Commonwealth Directory, the Department of Territories and Local Government is described as consisting of the following divisions:

. Community Services
. Lands
. Management Services
. Policy and Program Co-ordination
. Territories
. Traffic and Transport.

The Administrative Arrangements Orders of 13 December 1984 (notified in Commonwealth Gazette, No S520, 13 December 1984) stated that the Department of Territories and Local Government (CA 3499) would be renamed the Department of Territories [II] (CA 4135).

Matters dealt with by the Department of Territories and Local Government passed to the Department of Territories [II] (CA 4135) and the Department of Local Government and Administrative Services (CA 4137).

The Department of Territories [II] inherited all the functions of the Department of Territories and Local Government except for
responsiblity for matters relating to local government and
administration of the following acts:

. The Local Government (Personal Income Tax Sharing) Act 1976;
. Urban and Regional Development (Financial Assistance) Act 1974,
except to the extent administered by the Minister for Arts,
Heritage and Environment.

Minister for the Department was:

11 Mar 1983 - 13 Dec 1984: Hon Thomas Uren.

Secretaries to the Department were:

11 Mar 1983 - 3 May 1983: A S Blunn
24 May 1983 - 13 Dec 1984: J D Enfield
Historical agency address
PO Box 158, Canberra City
Legislation administered
Creation: Commonwealth of Australia Gazette, No. S45, 11 March 1983
Abolition: Commonwealth of Australia Gazette, No. S520, 13 December 1984

Department of Home Affairs (II), Central Office

  • TA 123
  • Corporate body
  • 10 December 1928 - 12 April 1932

The Department of Home Affairs [II] was created by Executive Council Minute of 10 December 1928 and gazetted on 13 December 1928
(Commonwealth of Australia Gazette No. 136 of 13 December 1928 p 3465). Its creation was in reality a change in name from The Department of Home and Territories (CA 15) whose functions were transferred almost intact.

The functions of the Department of Home and Territories were transferred to the Department of Home Affairs [II] in entirety, with the exception of those relating to the Territory of New Guinea, Papua and Norfolk Island, which went to the Departments of the Prime Minister and External Affairs.

Department of the Interior (I), Central Administration

  • TA 124
  • Corporate body
  • 12 April 1932 - 26 April 1939

The Department of the Interior [I] was created by Executive Council Minute No 32, Prime Minister's Department Minute 35 of 12 April 1932 (Commonwealth of Australia Gazette, No 33 of 14 April 1932, p 520). The Department was created from an amalgamation of the Department of Home Affairs [II] (CA 24), the Department of Transport [I] (CA 26) and the Department of Works and Railways (CA 14).

The Department of the Interior [I] took over all the functions of the former Department of Home Affairs [II] with the exception of those relating to Census and Statistics, all the functions of the former Department of Works and Railways, and such of the functions of the former Department of Transport [I] which related to internal transport, War Service Homes and waterside employment.

The Department of Interior [I] was replaced by its successor, the Department of the Interior [II] (CA 31) on 26 April 1939 (Commonwealth of Australia Gazette, No 25 of 26 April 1939 p 671).

Department of the Interior (II), Central Office

  • TA 125
  • Corporate body
  • 26 April 1939 - 19 December 1972

The Department of the Interior [II] was created on 26 April 1939 by Executive Council Meeting No 18 (PM's Minute No 54) (Commonwealth of Australia Gazette, No 25, 26 April 1939) and inherited the functions of the Departments of the Interior [I] (CA 27) and Works [I] (CA 30) which were abolished on that date. On 19 December 1972 the Department of the Interior [II] was abolished and its functions split between nine Departments.

Australian Capital Territory Legislative Assembly

  • TA 126
  • Corporate body
  • 1 January 1974 - 31 December 1978

The Australian Capital Territory Legislative Assembly was established by the Australian Capital Territory Ordinance No 24 of 1974 under the Seat of Government Act 1910-1973. Sections 1, 2, 14 and 15 of the Ordinance came into operation on 17 July 1974 this being the date of notification of the Ordinance in the Gazette, and the remaining Sections including that which established the Assembly, came into operation on 1 October 1974 (Australian Government Gazette No. 28 of 24 September 1974). The Legislative Assembly replaced the Australian Capital Territory Advisory Council (CA 491).

The Legislative Assembly consists of nine members from each of the two Australian Capital Territory electorates - ie Canberra and Fraser. Election of candidates was held on 28 September 1974 and the results announced on 11 October 1974 (Australian Government Gazette No 83B of 11 October 1974). The candidates elected to represent the Division of Canberra were:

James Willoughby Leedman
Roslyn Joan Kelly
Ian Howard Black
Peter Dalton Hughes
James Harold Pead
Gordon John Walsh
Timothy Randall McGhie
Raymond Francis Sanders
Maureen Gertrude Theresa Worsley

The candidates elected to represent the Division of Fraser were:
Trevor Thomas Kaine
Susan Maree Ryan
Alan Duncan Fraser
Gregory Caine Cornwell
Ronald Peter Vallee
Warren Wilson Lennon
Ivor Francis Vivian
Harold James Hird
Frederick James McCauley

The first meeting of the Legislative Assembly was on 28 October 1974. The representatives are elected to hold office for a period of three years. Collation of valid votes is based on the Australian Senate electoral system of optional preferential-proportional representation. The Chairman of the Assembly has a casting vote, and as for the Australian Senate, a question is resolved in the negative if the vote is tied. Quorum requirements for the Assembly to be constituted, are 10 members of the 18 members to be present when sitting.

An amendment to the ACT Legislative Assembly Ordinance, (Cited in Ordinance 24 of 1974: The Legislative Assembly Ordinance 1936-1974) on 25 September 1974, allowed the Assembly to make its own rules on procedure, as no such authority existed. This was required as debates to Parliamentary standard were to be conducted, unlike the previous representative body the ACT Advisory Council. (CA 491).

The structure of the Australian Capital Territory Legislative Assembly is designed for formulation of its power through the evaluation process. The Australian Capital Territory Legislative Assembly has no legal function to make or enact laws. Its role under Sections 10 and 14 of the Legislative Assembly Ordinance 1936-1974 is to advise the Minister of State for the Capital Territory in matters relating to the ACT. The Minister of State for the Capital Territory has the right to submit to the Assembly for consideration any proposals for the making, amendment or repeal of any Ordinance. There is no legal requirement for this to be done.

The Australian Capital Territory Legislative Assembly has also to reflect on Section 52 of the Constitution of Australia.

"This Parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order and good government of the Commonwealth with regard to:-
(1) The Seat of Government of the Commonwealth and all places acquired by the Government for public purposes."

The functions and powers to be delegated to the ACT Legislative Assembly have been reviewed by the Parliamentary Joint Committee on the Australian Capital Territory which was established on 25 November 1969.

On 25 November 1978, a referendum of electors resident in Canberra was held on the subject of self-government for the Australian Capital Territory, excluding Jervis Bay since it "occupied a special place in the range of the Government's responsibilities and the Government did not consider it appropriate that it should be subject to any self- government arrangements which might be made for ACT". (Press Statement, 20/10/78 by the Minister for the Capital Territory, Mr R. Ellicott).
The referendum gave opportunity for preferential voting for two self- government options and one option for no change. One self-government proposal was for the ACT to have similar rights to a State (except for Health and Education and some Attorney-General's functions, to be given to the Territory after 5 years). The other was to give the ACT a body that would, broadly speaking, do only those things that local councils do elsewhere in Australia. In the event, it was decided at the referendum that administration of the ACT should remain unchanged. The House of Assembly Ordinance 1979 which changed the name of the Legislative Assembly to House of Assembly was notified in the Gazette on 23 April 1979. (Commonwealth of Australia Gazette, No. S71, 23 April 1979). The first election of members to the House of Assembly was held on 2 June 1979.

Australian Capital Territory House of Assembly

  • TA 127
  • Corporate body
  • 1 January 1979 - 31 December 1986

The Australian Capital Territory House of Assembly was established by ACT Ordinance No.9 of 1979, under the Seat of Government
(Administration) Act 1910. Sections 1,2,3,5,14 and 15 of the Ordinance came into force on 23 April 1979, the date of notification of the Ordinance in the Commonwealth Gazette (No. S71 of 23 April 1979). The remaining provisions came into operation on 2 June 1979, the date of the first election of members to the House.

The House of Assembly replaced the ACT Legislative Assembly (CA 2027), but no changes were made to the "composition, size of membership or fundamental role" of the Legislative Assembly (Minister for the Capital Territory Press Release, 2 March 1979). The change was essentially one of title only.

The function of the House of Assembly is to "advise the Minister on any matter affecting the Territory, including the making of new ordinances or the repeal or amendment of existing ordinances". (Canberra Times, 3 March 1979, p. 1 ) It has no legal function to make or enact laws. The Minister of State for the Capital Territory may submit to the House for consideration any proposals for the making, amendment or repeal of any ordinance, but there is no legal
requirement for this to be done. The House is bound by Section 52 of the Australian Constitution:

"This Parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order and good Government of the Commonwealth with regard to :-

1) The Seat of Government of the Commonwealth and all places required by the Government for public purpose."

The House has 18 members: 9 from the Division of Fraser and 9 from the Division of Canberra. Members are elected for 3 year terms, using the Australian Senate electoral system. The President of the House, elected by the members , has a casting vote; and questions are resolved in the negative if a vote is tied. Ten members are required for a quorum (ACT Ordinance No. 24 of 1973). Debates are conducted to Parliamentary standards and ACT Ordinance No. 36 of 1974 allows the House to make its own rules and procedure.

The House of Assembly derived from a referendum on self-government for the ACT, held on 25 November 1978 after sustained agitation for constitutional change. The referendum was confined to Capital electors and excluded the Jervis Bay Territory as it
"occupied a special place in the range of the Government's responsibilities and the Government did not consider it appropriate that it should be subject to any self-government arrangements which might be made for the ACT."
(Minister for the Capital Territory Press Release 20 October 1978)
The referendum allowed preferential voting for 2 self-government options and one for no change. The first self-government proposal offered the ACT rights similar to those of the States, except for Health, Education and some functions of the Attorney-General - which would be given after 5 years. The financial basis of this option was not made clear. The second option was for a form of municipal or local government. The third option for retaining the status quo, was strongly supported (63.5%), resulting in the only major change to the Assembly's title.

The first election for the House of Assembly were held on 2 June 1979 and the results were published in Commonwealth Gazette No. S113 of 23 June 1979. The candidates elected to represent the Division of Fraser were:
Peter Vallee
Gregory Gane Cornwell
Harold James Hird
Marcus Laurence Robinson
John Michael Clements
Peter Robertson Christie
Donald Anthony Webb
Ivor Francis Vivian
Thomas Wilbur Washington Pye

The Candidates elected to represent the Division of Canberra were:
Kenneth Robert Doyle
James Willoughby Leedman
Maurene Horder
Elizabeth Grant
Robyn Lyn Walmsley
Paul Russell Whalan
Beverly Mary Evelyn Cains
Gordon John Walsh
James Harold Pead

The first meeting of the House of Assembly was held on 29 June 1979, when Peter Vallee was elected President.

Australian Capital Territory Land Administration Branch

  • TA 128
  • Corporate body
  • 1 January 1970 - 31 December 1975

The Land Administration Branch was located in a number of divisions within the Department of the Interior. In May 1972 there was a major re-organisation within the Department, which resulted in the policy function of the Branch being diverted to a newly created Land Policy Branch. Both Branches also moved to the control of the newly created ACT Lands and Transport Policy Division, which has been retained within the structure of the Department of the Capital Territory, the principal successor to the Department of the Interior (II). Functions of the Branch include:
analysis, transfer and processes; National Memorials Committee; administration of various leasing systems; representations from lessees; change of purpose of leasing; Commonwealth fencing; land sales; lease grants to clubs; lease of Commonwealth owned premises, sub-divisions etc.

Australian Capital Territory Administration, Central Office

  • TA 129
  • Corporate body
  • 24 July 1987 -

The ACT Administration Central Office was established as a result of the Administrative Arrangements Orders of 24 July 1987. It operated within the Department of Arts, Sport, the Environment, Tourism and Territories (CA 5984) and was responsible for matters relating to the Australian Capital Territory. The Australian Capital Territory was formerly administered by the Department of Territories [II] (CA 4135).

The ACT Administration Central Office performed many functions for the ACT which, in the states, are performed by State government departments and municipal councils. Separate from Central Office were the ACT Health Authority and the ACT Schools Authority which provided health services and education (to college level) and the National Capital Development Commission which was responsible for the planning, design and construction of Canberra. The Canberra College of Advanced Education was also an independent body within the ACT Administration. Law enforcement and policy security matters were the responsibility of the Attorney-General.

Results 121 to 130 of 132