Notice of Making of Defence Determination 2014/32

Overview

The Defence Act 1903, administered by the Australian Parliament, was amended to make consequential determinations pursuant to section 58B, as per the Public Governance, Performance and Accountability Act 2013. These determinations were made on 17 June 2014 and are intended to address gaps in the legislative framework that impact the administration and accountability of defence operations within the Australian government. The aim is to ensure alignment with the broader public governance objectives established by the Public Governance, Performance and Accountability Act 2013, thereby enhancing the efficiency and accountability of defence activities. The details of these determinations are available on the Department of Defence’s website and further inquiries can be directed to the Directorate of Engagement, Priorities and Drafting.

Scope and Application

The Defence Act 1903, through the notice of determinations made under section 58B, outlines consequential amendments required by the Public Governance, Performance and Accountability Act 2013. These determinations apply to the Department of Defence and its associated entities, impacting their governance, performance, and accountability frameworks. The application of these amendments is national in scope, ensuring consistency across the Commonwealth of Australia. Notably, the determinations do not specify exclusions or exemptions but rather provide the necessary adjustments to align with the broader legislative intent of the Public Governance, Performance and Accountability Act 2013. Subordinate instruments may further extend or restrict the application of these determinations, offering flexibility in their implementation. For detailed information on the specific changes and their implications, reference should be made to the available copies on the Defence Department's website or by contacting the Directorate of Engagement, Priorities and Drafting.

Key Provisions

The Defence Act 1903 (section 58B) details the process by which determinations are made under its purview, and in this instance, it is noted that several determinations have been enacted (2014/32). These determinations pertain to the consequential amendments resulting from the Public Governance, Performance and Accountability Act 2013. For those interested in the specifics, full copies of these determinations can be accessed via the Defence website at www.defence.gov.au/dpe/pac, and inquiries can be directed to the Directorate of Engagement, Priorities and Drafting at pacman@defence.gov.au. This legislative action ensures that the Defence Act is kept up-to-date with the provisions and requirements of the newer Act, thereby maintaining consistency and coherence in governance standards across relevant Australian Defence operations. Under the Defence Act 1903, the obligations placed upon Defence personnel and entities include ensuring adherence to the latest determinations and consequential amendments. This means that Defence personnel must be fully aware of, and comply with, the updated governance standards and accountability measures introduced by the Public Governance, Performance and Accountability Act 2013. These obligations necessitate that Defence operations are conducted with a heightened focus on transparency, performance, and accountability. Defence entities are expected to implement the necessary changes within their operations to align with these updated standards, which may include revising internal policies, training staff, and updating reporting mechanisms. The Defence Act 1903, in conjunction with the Public Governance, Performance and Accountability Act 2013, outlines specific offences and penalties for non-compliance with the determinations and amendments. Should Defence personnel or entities fail to adhere to the updated governance standards, they may face significant repercussions. These can include civil penalties, which may vary depending on the severity and nature of the breach, as well as potential criminal charges for more serious offences. The maximum penalties for such breaches are not explicitly detailed in the provided text but are likely to be severe, reflecting the importance of maintaining high standards of governance and accountability within Defence operations. It is crucial, therefore, that Defence personnel are thoroughly familiar with these requirements and take all necessary steps to ensure compliance.