Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following delegations.
Dated 4 November 2021
Steven Kennedy
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations
5 Delegations relating to arrangements for the making of Treasury staff available to assist the Authority
6 Delegations relating to consultants
Part 1—Preliminary
1 Name
This instrument is the Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021.
2 Commencement
(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 | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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.
3 Authority
This instrument is made under the Financial Regulator Assessment Authority Act 2021.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Financial Regulator Assessment Authority Act 2021 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
(1) In this instrument:
SES Band 2 means an SES employee who has been allocated an SES Band 2 classification.
the Act means the Financial Regulator Assessment Authority Act 2021.
the Treasury means the Department of the Treasury.
Part 2—Delegations
5 Delegations relating to arrangements for the making of Treasury staff available to assist the Authority
(1) Under subsection 50(1) the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, whose services are not being made available to assist the Authority in connection with the performance or exercise of the Authority’s functions or powers, is delegated the Secretary’s functions and powers under section 36 of the Act:
(a) a Deputy Secretary;
(b) an SES Band 2 whose responsibilities include providing advice to the Minister in relation to the Authority.
Note: Section 36 of the Act is about arrangements relating to making Treasury staff available to assist the Authority in connection with the performance or exercise of the Authority’s functions or powers.
Directions
(2) Under subsection 50(3) of the Act, a delegate under subsection (1) is directed to exercise the function or power in a manner consistent with all of the following:
(a) the Public Service Act 1999;
(b) any instruments made under Public Service Act 1999 as relate to the Treasury;
(c) the human resource delegations of the Secretary to the Treasury;
(d) any agreements, policies, manuals and guidelines of the Treasury relating to human resources or employment.
6 Delegations relating to consultants
(1) Under subsection 50(1) the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated the Secretary’s functions and powers under section 37 of the Act:
(a) a Deputy Secretary;
(b) an SES employee.
Note: Section 37 of the Act relates engaging consultants to assist in the performance or exercise of the Authority’s functions or powers.
Directions
(2) Under subsection 50(3) of the Act, a delegate under subsection (1) is directed to exercise the function or power in a manner consistent with all of the following:
(a) the Public Governance, Performance and Accountability Act 2013;
(b) any instruments, including rules, instructions, delegations, directions and operational guidelines, made under the Public Governance, Performance and Accountability Act 2013 or made under an instrument made under that Act, as relate to the Treasury.
Overview
The Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021I, made by Steven Kennedy, the Secretary to the Department of the Treasury on 4 November 2021, provides for the delegation of certain functions and powers under the Financial Regulator Assessment Authority Act 2021. This instrument was made to streamline the process of making Treasury staff and consultants available to assist the Authority in performing or exercising its functions or powers. The instrument aims to ensure that the delegations are exercised in a manner consistent with relevant legislation, instruments, and policies, particularly the Public Service Act 1999 and the Public Governance, Performance and Accountability Act 2013. The delegations focus on specific roles within the Treasury, such as Deputy Secretaries and SES Band 2 employees, ensuring that the necessary support is provided to the Authority in an efficient and compliant manner.
Scope and Application
The Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021I, made by Steven Kennedy, the Secretary to the Department of the Treasury, outlines specific delegations related to the staffing and consultancy arrangements for the Financial Regulator Assessment Authority. This instrument applies to individuals holding certain positions within the Treasury, specifically Deputy Secretaries and SES Band 2 employees who have advisory roles regarding the Authority. The instrument is effective from the day after it is registered, as per the table in the instrument. The delegations cover the arrangements for making Treasury staff available to assist the Authority and the engagement of consultants to aid in the Authority's functions, as stipulated under the Financial Regulator Assessment Authority Act 2021. These delegates are required to exercise their functions and powers in accordance with the Public Service Act 1999, relevant Treasury human resource instruments, and the Public Governance, Performance and Accountability Act 2013, along with related instruments. This instrument operates within the Commonwealth jurisdiction and does not include any explicit exclusions or exemptions beyond the defined delegations and the constraints provided by the referenced Acts and instruments.
Key Provisions
The Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021 (the "Instrument") provides delegations for the making of Treasury staff available to assist the Authority (subsection 50(1) of the Financial Regulator Assessment Authority Act 2021) and the engaging of consultants (subsection 50(1) of the Act). The whole of the Instrument commences the day after it is registered. The Instrument is made under the Financial Regulator Assessment Authority Act 2021, and expressions used in it have the same meaning as in the Act. The Secretary to the Treasury delegates their functions and powers under section 36 of the Act to Deputy Secretaries and SES Band 2 employees whose responsibilities include providing advice to the Minister in relation to the Authority (section 5(1) of the Instrument). Similarly, the Secretary’s functions and powers under section 37 of the Act are delegated to Deputy Secretaries and SES employees (section 6(1) of the Instrument). These delegations are to be exercised in a manner consistent with the Public Service Act 1999, relevant instruments, human resource delegations, agreements, policies, manuals, and guidelines of the Treasury (section 5(2) of the Instrument) and the Public Governance, Performance and Accountability Act 2021, relevant instruments, rules, instructions, delegations, directions, and operational guidelines (section 6(2) of the Instrument).
The obligations imposed by the Instrument on the relevant Treasury officials are to exercise their delegated functions and powers in accordance with the specified Acts, instruments, and other guidelines. This includes ensuring that their actions are consistent with the Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, and any related instruments, rules, instructions, delegations, directions, and operational guidelines. These obligations aim to maintain the integrity and effectiveness of the Authority’s operations by ensuring that Treasury staff and consultants are engaged in a manner that complies with relevant legislation and guidelines.
There are no explicit offences or penalties mentioned in the Instrument itself. However, any breaches of the obligations imposed by the Instrument could potentially lead to disciplinary action under the relevant Acts, such as the Public Service Act 1999 or the Public Governance, Performance and Accountability Act 2013. These Acts may provide for penalties, including fines and other sanctions, for non-compliance with their provisions. Additionally, failure to exercise the delegated functions and powers in accordance with the specified Acts and guidelines could result in the nullification of any actions taken, leading to further administrative or legal consequences.
In summary, the Financial Regulator Assessment Authority (Staff and Consultants) Delegations 2021 provides specific delegations for the making of Treasury staff available to assist the Authority and the engaging of consultants. It imposes obligations on relevant Treasury officials to exercise their delegated functions and powers in accordance with specified Acts, instruments, and guidelines. While the Instrument itself does not explicitly outline penalties for non-compliance, breaches of the imposed obligations could lead to disciplinary action under the relevant Acts, as well as other administrative or legal consequences.