Order to identify the Minister responsible for the Digital Transformation Agency, and to Specify Functions for the Digital Transformation Agency

Overview

The Public Service Act 1999 was amended by an Order dated 15 April 2021, made by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This Order revises the existing arrangements for the Digital Transformation Agency (DTA), establishing it as an Executive Agency and specifying the functions it is to undertake. The policy objective of this Order is to streamline the government's approach to digital and information and communication technology (ICT) investments, ensuring strategic leadership and effective coordination across all agencies. By identifying the Minister for Employment, Workforce, Skills, Small and Family Business as the Minister responsible for the DTA, and clearly delineating its functions, the Order aims to enhance the efficiency and effectiveness of digital service delivery and ICT procurement within the government. This change is intended to simplify processes, reduce costs, and generate reuse opportunities for digital and ICT investments across the project life cycle.

Scope and Application

The Public Service Act 1999 applies to the Public Service of the Commonwealth and provides the framework for the administration, accountability, and integrity of the public sector. This particular amendment to the Order establishing the Digital Transformation Agency (DTA) specifies the functions of the DTA, as well as identifying the Minister responsible for the agency. The Minister for Employment, Workforce, Skills, Small and Family Business is designated as the responsible Minister, with the functions of the DTA including strategic and policy leadership on whole of government and shared Information and Communication Technology (ICT) investments and digital service delivery, developing, delivering and monitoring whole of government strategies, policies and standards for digital and ICT investments, and managing strategic coordination and oversight functions for digital and ICT investments across the project life cycle. This amendment applies to the Commonwealth of Australia and is part of the broader public service framework. There are no stated exclusions, exemptions, or thresholds in this particular amendment, though subordinate instruments may extend or restrict application in specific circumstances. The amendment concerning the Minister responsible for the DTA will commence on the date of Gazettal, while the amendment specifying the functions of the DTA will commence on 1 July 2021.

Key Provisions

The key operative sections of the amending instrument under the Public Service Act 1999 involve the identification of the Minister responsible for the Digital Transformation Agency and the specification of the Agency's functions. Section (d) of the Order identifies the Minister for Employment, Workforce, Skills, Small and Family Business as the Minister responsible for the Digital Transformation Agency, as opposed to any other Minister who may have been previously responsible. This change is effective from the date of Gazettal, as indicated in the Order. Section (e) then specifies the functions of the Digital Transformation Agency, which are to provide strategic and policy leadership on whole of government and shared Information and Communication Technology (ICT) investments and digital service delivery; develop, deliver and monitor whole of government strategies, policies and standards for digital and ICT investments, including ICT procurement; manage strategic coordination and oversight functions for digital and ICT investments across the project life cycle, including providing advice on whole of government reuse opportunities; manage whole of government digital procurement to simplify processes for government agencies, reduce costs and generate reuse opportunities; provide advice to the Minister on whole of government and shared digital and ICT investment proposals; and undertake other relevant tasks as the Minister may require from time to time. These functions will commence on 1 July 2021, as indicated in the Order. The Act imposes a number of obligations and requirements on the parties or entities it governs. The Minister for Employment, Workforce, Skills, Small and Family Business is now responsible for the Digital Transformation Agency and must ensure that the Agency performs its specified functions. The Agency itself must carry out the specified functions, which include providing strategic and policy leadership, developing and monitoring whole of government strategies, policies and standards, managing strategic coordination and oversight functions, managing whole of government digital procurement, and providing advice to the Minister on whole of government and shared digital and ICT investment proposals. The Agency must also undertake any other relevant tasks as the Minister may require from time to time. Failure to perform these functions or to comply with the requirements of the Act may result in legal consequences. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is likely that failure to comply with the requirements of the Act may result in legal consequences, such as fines or other penalties. The maximum penalties for breaches of the Act are not stated in the text of the amending instrument. It is therefore important for the parties or entities governed by the Act to ensure that they comply with its requirements in order to avoid any legal consequences.