A minister may be unavailable for duties, for example on official travel overseas or leave. When a minister is absent, they authorise another minister to act for them.
Under section 19 of the Acts Interpretation Act 1901 (AI Act), if legislation refers to a minister, the reference is taken to include a minister or member of the Executive Council acting for or on behalf of the minister.
Where a minister is absent for more than two weeks, instruments of authorisation will be registered as notifiable instruments under the Legislation Act 2003.
PM&C publishes information on all acting arrangements since 1 January 2023 on a quarterly basis.
Acting minister appointed to the same department
If the acting minister has already been appointed to administer the same department as the absent minister, they can do so without further authorisation. The acting minister can make decisions on behalf of the absent minister.
It is not necessary for an assistant minister to authorise anyone to act for them. A more senior portfolio minister can perform their duties when required.
Acting minister not appointed to the same department
Where the acting minister has not already been appointed to administer the same department as the absent minister, the absent minister must authorise the acting minister to exercise their powers. Typically, the absent minister will make an instrument of authorisation under sections 19 and 34AAB of the AI Act.
Prime Minister's standing authorisation
The Prime Minister has made a standing authorisation for other ministers to act in his absence.
