Commonwealth Cleaning Services Guidelines Repeal Instrument 2014

Overview

The Commonwealth Cleaning Services Guidelines Repeal Instrument 2014 was enacted to repeal the Commonwealth Cleaning Services Guidelines 2012. The instrument was made under section 64(1) of the Financial Management and Accountability Act 1997, which allows for the issuance of guidelines on matters within the Minister's responsibility, and regulation 7B of the Financial Management and Accountability Regulations 1997, which specifically addresses the procurement of cleaning services for properties occupied by Agencies. The instrument was developed following consultations with relevant stakeholders and is intended to streamline procurement policies and processes, as well as procurement requirements. The instrument does not require a Statement of Compatibility with Human Rights as it does not fall under section 43 of the Legislative Instruments Act 2003. The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Commonwealth Cleaning Services Guidelines Repeal Instrument 2014 aims to repeal the Commonwealth Cleaning Services Guidelines 2012, which were issued under the Financial Management and Accountability Act 1997. The repealed guidelines, which provided specific instructions for agencies regarding the procurement of cleaning services, will no longer be in effect once the repeal instrument comes into force. This repeal affects all agencies within the Commonwealth, ensuring they no longer need to adhere to the specific procurement policies and processes outlined in the repealed guidelines. The repeal does not extend to other procurement guidelines or processes outside the scope of cleaning services. The instrument applies across the Commonwealth, meaning it has jurisdiction nationwide, but its effects are limited to the cessation of the specific guidelines it repeals. The instrument does not include any specific exclusions or exemptions and is effective upon registration on the Federal Register of Legislative Instruments. Subordinate instruments may be used to further detail or implement the repeal, but the primary change is the removal of the specific guidelines for cleaning services procurement.

Key Provisions

The Commonwealth Cleaning Services Guidelines Repeal Instrument 2014 (the instrument) serves to repeal the Commonwealth Cleaning Services Guidelines 2012, which were previously issued under Section 64(1) of the Financial Management and Accountability Act 1997 (FMA Act) and Regulation 7B of the Financial Management and Accountability Regulations 1997. This instrument addresses the guidelines that were meant to govern the procurement of cleaning services by Agencies, including the policies and processes for procurement and the requirements for entering into procurement arrangements. Section 33(3) of the Acts Interpretation Act 1901, along with Section 13 of the Legislative Instruments Act 2003, provides the legislative authority for the instrument, including the power to repeal or amend any such guidelines. The Department undertook consultation with stakeholders such as the Business Services Contractors Association of Australia and United Voice prior to the repeal. The obligations and requirements imposed by the repealed guidelines are now no longer in effect as of the instrument's commencement. Previously, the guidelines required agencies to follow specific procurement policies and processes for the acquisition of cleaning services. These guidelines included the mandatory use of certain procurement methods, adherence to specified procurement policies, and compliance with requirements related to entering into procurement arrangements. Agencies were required to ensure that these processes were transparent, efficient, and compliant with relevant laws and regulations. Although these guidelines are now repealed, agencies are expected to continue following the general procurement principles outlined in the FMA Act and its associated regulations. Breach of the repealed guidelines, prior to their repeal, could have resulted in various consequences, depending on the nature and severity of the non-compliance. Under the FMA Act, breaches of guidelines could have led to administrative penalties, including fines. The maximum penalty for non-compliance with financial management regulations could have been substantial, potentially including criminal penalties for serious or wilful breaches. Furthermore, agencies found to be in breach of procurement guidelines might have faced reputational damage, legal challenges from unsuccessful tenderers, or other civil liabilities. With the repeal of these guidelines, agencies are now subject to the general procurement obligations under the FMA Act and other applicable regulations, with the potential for similar consequences for non-compliance.