Public Governance, Performance and Accountability Amendment (Office of the Special Investigator) Rules 2020 (Cth)

Public Governance, Performance and Accountability Amendment (Office of the Special Investigator) Rules 2020

I, Simon Birmingham, Minister for Finance, make the following rules.

Dated 17 December 2020

Simon Birmingham

Minister for Finance

Contents

1Name

This instrument is the Public Governance, Performance and Accountability Amendment (Office of the Special Investigator) Rules 2020.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	4 January 2021.	4 January 2021

Note: This table relates only to the provisions of this instrument as originally made.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.

1. (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.

3Authority

This instrument is made under the Public Governance, Performance and Accountability Act 2013.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Public Governance, Performance and Accountability Rule 2014

1

After clause 17 of Schedule 1

Insert:

18Office of the Special Investigator

For the purposes of the finance law:

1. (a)

   the following group of persons is a listed entity:

   1. (i)

      the Director‑General of the Office of the Special Investigator;

   2. (ii)

      the Special Investigator for the Office of the Special Investigator;

   3. (iii)

      the Director of Investigations for the Office of the Special Investigator;

   4. (iv)

      the Special Counsel for the Office of the Special Investigator;

   5. (v)

      persons engaged under the Public Service Act 1999 to assist in the performance of the functions of the Office of the Special Investigator;

   6. (vi)

      persons made available by a Commonwealth entity to perform services for the Office of the Special Investigator; and

2. (b)

   the listed entity is to be known as the Office of the Special Investigator; and

3. (c)

   the Director‑General of the Office of the Special Investigator is the accountable authority of the listed entity; and

4. (d)

   the persons referred to in paragraph (a) are officials of the listed entity; and

5. (e)

   the purposes of the listed entity include the following:

   1. (i)

      to review the findings of the Inspector‑General of the Australian Defence Force Afghanistan Inquiry;

   2. (ii)

      to work with the Australian Federal Police to investigate the commission of criminal offences under Australian law arising from or related to any breaches of the laws of armed conflict by members of the Australian Defence Force in Afghanistan from 2005 to 2016;

   3. (iii)

      to develop briefs of evidence in respect of any offences that are established, for referral to the Director of Public Prosecutions;

   4. (iv)

      to undertake other relevant tasks that the Prime Minister and the responsible Minister require from time to time.