Public Governance, Performance and Accountability Amendment (Annual Reporting) Rules 2019 (Cth)
I, Mathias Cormann, Minister for Finance and the Public Service, make the following Rules.
Dated 4 April 2019
Mathias Cormann
Minister for Finance and the Public Service
Contents
This instrument is the
Public Governance, Performance and Accountability Amendment (Annual Reporting) Rules 2019 .
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
The whole of this instrument | The day after this instrument is registered. | 5 April 2019 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the
Public Governance, Performance and Accountability Act 2013.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Omit “2 May 2016”, substitute “1 April 2019”.
Insert:
As soon as practicable after the annual report for a non‑corporate Commonwealth entity has been presented to the Parliament, the annual report must be published using the digital reporting tool administered by the Finance Minister.
Insert:
(aa) information on the accountable authority, or each member of the accountable authority, of the entity during the period, including the following:
(i) the name of the accountable authority or member;
(ii) the position title of the accountable authority or member;
(iii) the period as the accountable authority or member within the reporting period; and
Insert:
(aa) statistics on the number of employees of the entity (including by reference to ongoing and non‑ongoing employees), at the end of that and the previous reporting period, in relation to each of the following:
(i) full‑time employees;
(ii) part‑time employees;
(iii) gender;
(iv) location;
Omit “2 May 2016”, substitute “1 April 2019”.
Insert:
As soon as practicable after the annual report for a corporate Commonwealth entity has been presented to the Parliament, the annual report must be published using the digital reporting tool administered by the Finance Minister.
Insert:
(ka) statistics on the number of employees of the entity (including by reference to ongoing and non‑ongoing employees), at the end of that and the previous reporting period, in relation to each of the following:
(i) full‑time employees;
(ii) part‑time employees;
(iii) gender;
(iv) location;
Repeal the paragraph, substitute:
(u) the list of requirements as set out in Schedule 2A that references where those requirements are to be found in the annual report.
Insert:
As soon as practicable after the annual report for a Commonwealth company has been presented to the Parliament, the annual report must be published using the digital reporting tool administered by the Finance Minister.
Insert:
(ga) statistics on the number of employees of the entity (including by reference to ongoing employees and non‑ongoing employees) at the end of that and the previous reporting period, in relation to each of the following:
(i) full‑time employees;
(ii) part‑time employees;
(iii) gender;
(iv) location;
Repeal the paragraph, substitute:
(p) the list of requirements as set out in Schedule 2B that references where those requirements are to be found in the annual report.
Insert:
The amendments of this rule made by the
Public Governance, Performance and Accountability Amendment (Annual Reporting) Rules 2019 apply in relation to any reporting period that begins on or after 29 June 2018.
Omit “
requirements ”, substitute “requirements—non‑corporate Commonwealth entities ”.14
Clause 1 of Schedule 2 (after table item dealing with PGPA Rule Reference 17AE(1)(a)(iv)) Insert:
17AE(1)(aa)(i) | Name of the accountable authority or each member of the accountable authority. | Mandatory |
17AE(1)(aa)(ii) | Position title of the accountable authority or each member of the accountable authority. | Mandatory |
17AE(1)(aa)(iii) | Period as the accountable authority or member of the accountable authority within the reporting period. | Mandatory |
15 Clause 1 of Schedule 2 (after table item dealing with PGPA Rule Reference 17AG(4)(a)) Insert:
17AG(4)(aa) | Statistics on the entity’s employees on an ongoing and non‑ongoing basis, including the following: (a) statistics on full‑time employees; (b) statistics on part‑time employees; (c) statistics on gender; (d) statistics on staff location. | Mandatory |
Insert:
Note: See paragraph 17BE(u).
Guide to this Schedule The purpose of this Schedule is to set out, for the purposes of paragraph 17BE(u), the list of requirements to be included in a corporate Commonwealth entity’s annual report for a reporting period.
This Schedule is made for the purposes of subsection 46(3) of the Act.
17BE(a) | Details of the legislation establishing the body | Mandatory | |
17BE(b)(i) | A summary of the objects and functions of the entity as set out in legislation | Mandatory | |
17BE(b)(ii) | The purposes of the entity as included in the entity’s corporate plan for the reporting period | Mandatory | |
17BE(c) | The names of the persons holding the position of responsible Minister or responsible Ministers during the reporting period, and the titles of those responsible Ministers | Mandatory | |
17BE(d) | Directions given to the entity by the Minister under an Act or instrument during the reporting period | If applicable, mandatory | |
17BE(e) | Any government policy order that applied in relation to the entity during the reporting period under section 22 of the Act | If applicable, mandatory | |
17BE(f) | Particulars of non‑compliance with:
| If applicable, mandatory | |
17BE(g) | Annual performance statements in accordance with paragraph 39(1)(b) of the Act and section 16F of the rule | Mandatory | |
17BE(h), 17BE(i) | A statement of significant issues reported to the Minister under paragraph 19(1)(e) of the Act that relates to non‑compliance with finance law and action taken to remedy non‑compliance | If applicable, mandatory | |
17BE(j) | Information on the accountable authority, or each member of the accountable authority, of the entity during the reporting period | Mandatory | |
17BE(k) | Outline of the organisational structure of the entity (including any subsidiaries of the entity) | Mandatory | |
17BE(ka) | Statistics on the entity’s employees on an ongoing and non‑ongoing basis, including the following: (a) statistics on full‑time employees; (b) statistics on part‑time employees; (c) statistics on gender; (d) statistics on staff location | Mandatory | |
17BE(l) | Outline of the location (whether or not in Australia) of major activities or facilities of the entity | Mandatory | |
17BE(m) | Information relating to the main corporate governance practices used by the entity during the reporting period | Mandatory | |
17BE(n), 17BE(o) | For transactions with a related Commonwealth entity or related company where the value of the transaction, or if there is more than one transaction, the aggregate of those transactions, is more than $10,000 (inclusive of GST):
| If applicable, mandatory | |
17BE(p) | Any significant activities and changes that affected the operation or structure of the entity during the reporting period | If applicable, mandatory | |
17BE(q) | Particulars of judicial decisions or decisions of administrative tribunals that may have a significant effect on the operations of the entity | If applicable, mandatory | |
17BE(r) | Particulars of any reports on the entity given by:
(b) a Parliamentary Committee; or (c) the Commonwealth Ombudsman; or
| If applicable, mandatory | |
17BE(s) | An explanation of information not obtained from a subsidiary of the entity and the effect of not having the information on the annual report | If applicable, mandatory | |
17BE(t) | Details of any indemnity that applied during the reporting period to the accountable authority, any member of the accountable authority or officer of the entity against a liability (including premiums paid, or agreed to be paid, for insurance against the authority, member or officer’s liability for legal costs) | If applicable, mandatory | |
17BE(ta) | Information about executive remuneration | Mandatory | |
17BF(1)(a)(i) | An assessment of significant changes in the entity’s overall financial structure and financial conditions | If applicable, mandatory | |
17BF(1)(a)(ii) | An assessment of any events or risks that could cause financial information that is reported not to be indicative of future operations or financial conditions | If applicable, mandatory | |
17BF(1)(b) | Information on dividends paid or recommended | If applicable, mandatory | |
17BF(1)(c) | Details of any community service obligations the government business enterprise has including:
| If applicable, mandatory | |
17BF(2) | A statement regarding the exclusion of information on the grounds that the information is commercially sensitive and would be likely to result in unreasonable commercial prejudice to the government business enterprise | If applicable, mandatory | |
Note: See paragraph 28E(p).
Guide to this Schedule The purpose of this Schedule is to set out, for the purposes of paragraph 28E(p), the list of requirements to be included in a Commonwealth company’s annual report for a reporting period.
This Schedule is made for the purposes of paragraph 97(1)(b) of the Act.
28E(a) | The purposes of the company as included in the company’s corporate plan for the reporting period | Mandatory | |
28E(b) | The names of the persons holding the position of responsible Minister or responsible Ministers during the reporting period, and the titles of those responsible Ministers | Mandatory | |
28E(c) | Any directions given to the entity by a Minister under the company’s constitution, an Act or an instrument during the reporting period | If applicable, mandatory | |
28E(d) | Any government policy order that applied in relation to the company during the reporting period under section 93 of the Act | If applicable, mandatory | |
28E(e) | Particulars of non‑compliance with:
| If applicable, mandatory | |
28E(f) | Information on each director of the company during the reporting period | Mandatory | |
28E(g) | An outline of the organisational structure of the company (including any subsidiaries of the company) | Mandatory | |
28E(ga) | Statistics on the entity’s employees on an ongoing and non‑ongoing basis, including the following: (a) statistics on full‑time employees; (b) statistics on part‑time employees; (c) statistics on gender; (d) statistics on staff location | Mandatory | |
28E(h) | An outline of the location (whether or not in Australia) of major activities or facilities of the company | Mandatory | |
28E(i) | Information in relation to the main corporate governance practices used by the company during the reporting period | Mandatory | |
28E(j), 28E(k) | For transactions with a related Commonwealth entity or related company where the value of the transaction, or if there is more than one transaction, the aggregate of those transactions, is more than $10,000 (inclusive of GST):
| If applicable, mandatory | |
28E(l) | Any significant activities or changes that affected the operations or structure of the company during the reporting period | If applicable, mandatory | |
28E(m) | Particulars of judicial decisions or decisions of administrative tribunals that may have a significant effect on the operations of the company | If applicable, mandatory | |
28E(n) | Particulars of any reports on the company given by: (a) the Auditor‑General, or (b) a Parliamentary Committee, or (c) the Commonwealth Ombudsman; or
| If applicable, mandatory | |
28E(o) | An explanation of information not obtained from a subsidiary of the company and the effect of not having the information on the annual report | If applicable, mandatory | |
28E(oa) | Information about executive remuneration | Mandatory | |
28F(1)(a)(i) | An assessment of significant changes in the company’s overall financial structure and financial conditions | If applicable, mandatory | |
28F(1)(a)(ii) | An assessment of any events or risks that could cause financial information that is reported not to be indicative of future operations or financial condition | If applicable, Mandatory | |
28F(1)(b) | Information on dividends paid or recommended | If applicable, mandatory | |
28F(1)(c) | Details of any community service obligations the government business enterprise has including:
| If applicable, mandatory | |
28F(2) | A statement regarding the exclusion of information on the grounds that the information is commercially sensitive and would be likely to result in unreasonable commercial prejudice to the government business enterprise | If applicable, mandatory | |
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