Order to Establish Services Australia as an Executive Agency

Overview

The Public Service Act 1999 was enacted to provide a legislative framework for the administration and management of the Australian Public Service. This Act was introduced to address the need for a structured and efficient system to manage government services and payments, ensuring they are delivered effectively and efficiently to the public. The establishment of Services Australia as an Executive Agency under this Act aims to streamline and enhance the delivery of various government services and payments, including social security, child support, students, families, aged care, and health programs. The enacting body is the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and the policy objective is to improve the coordination and monitoring of government services to better serve individuals, families, and communities.

Scope and Application

The Public Service Act 1999, through this Order, establishes Services Australia as an Executive Agency with a specific focus on the design, development, delivery, coordination, and monitoring of government services and payments in various sectors. These sectors include social security, child support, student services, family assistance, and aged care programs, with an explicit exclusion of health provider compliance. This Order allocates the name 'Services Australia' to the agency and designates the Chief Executive Officer as the head of the agency. Furthermore, it identifies the Minister for Government Services as the responsible Minister. The agency is mandated to provide advice to the Government on the delivery of these services and payments, collaborate with other agencies, providers, and businesses to ensure the delivery of efficient and accessible services to individuals, families, and communities, and undertake any other tasks as required by the Minister from time to time. The jurisdictional reach of this Order is national, as it pertains to the Commonwealth of Australia, and it came into effect on 1 February 2020. The establishment and functions of Services Australia are set out comprehensively within this Order, which is a key instrument under the Public Service Act 1999.

Key Provisions

The key provisions of the Order to Establish Services Australia as an Executive Agency under the Public Service Act 1999 (Section 65) primarily revolve around the establishment and definition of Services Australia. Under Section 65(a), the Order establishes Services Australia as an Executive Agency. This Executive Agency is given the name Services Australia under Section 65(b) and the Head of this agency is designated as the Chief Executive Officer as per Section 65(c). The Minister for Government Services is identified as the Minister responsible for this Executive Agency, as stated in Section 65(d). The functions of Services Australia, as specified in Section 65(e), encompass the design, development, delivery, coordination, and monitoring of government services and payments related to social security, child support, students, families, aged care, and health programs (excluding Health provider compliance). Furthermore, it is responsible for providing advice to the Government on the delivery of these services and payments, collaborating with other agencies, providers, and businesses to ensure the delivery of convenient, accessible, and efficient services to individuals, families, and communities. Additionally, it is tasked with undertaking any other relevant tasks that the Minister may require from time to time. The Order imposes specific obligations and requirements on Services Australia and its employees. The Executive Agency must adhere to the functions outlined in Section 65(e), ensuring that it provides efficient and effective services in the areas of social security, child support, students, families, aged care, and health programs. It must also collaborate with other agencies, providers, and businesses to enhance service delivery. Furthermore, Services Australia must report to and be accountable to the Minister for Government Services, ensuring transparency and effective governance. Employees of Services Australia are expected to perform their duties in accordance with the agency's functions and objectives, adhering to any policies, procedures, and guidelines established by the agency. Breaches of the provisions outlined in the Order may lead to various consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the Order itself, it is understood that such breaches may result in administrative, civil, or criminal penalties under other relevant legislation. The severity of these penalties would depend on the nature and extent of the breach, and the specific laws that are contravened. In general, violations of public service legislation could result in disciplinary action against employees, financial penalties, or legal action against the agency or its officers, depending on the gravity of the breach and the specific provisions of the applicable laws.