COMMONWEALTH OF AUSTRALIA
Public Service Act 1999
Order to Rename the Digital Transformation Office and Specify Functions for the Renamed Digital Transformation Agency
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 65 of the Public Service Act 1999, amend the Order to establish the Digital Transformation Office as an Executive Agency made on 12 March 2015 and amended on 21 September 2015, by omitting paragraphs (b) and (e) of that Order and substituting the following paragraphs:
(b) allocate the name Digital Transformation Agency to the Executive Agency;
(e) specify that the functions of the Digital Transformation Agency be as follows:
- to provide strategic and policy leadership on whole-of-government and shared information and communications technology (ICT) and digital service delivery, including ICT procurement policy;
- to design, develop, coordinate, deliver and monitor policies, standards, services and delivery platforms for whole-of-government and shared ICT and digital service delivery;
- to co-ordinate the funding of whole-of-government and shared ICT and digital service delivery platforms;
- to manage a whole-of-government ICT program management office which will oversee all significant ICT and digital investments;
- to provide advice to the Minister on whole-of-government and shared ICT and digital service delivery proposals; and
- to undertake other relevant tasks as the Minister may require from time to time.
Dated 27 October 2016
(signed Peter Cosgrove)
Governor-General
By His Excellency’s Command
(signed Malcolm Turnbull)
Prime Minister
Overview
The Public Service Act 1999 is a comprehensive piece of legislation designed to provide a framework for the efficient and effective administration of the Australian Public Service. The Act was introduced to address the need for a modernised public service that could meet the evolving demands of government and the public. Enacted by the Commonwealth Parliament, the Act aims to ensure that the public service is equipped to deliver high-quality services, manage resources efficiently, and support the government in achieving its policy objectives. In 2016, the Act was amended to rename the Digital Transformation Office as the Digital Transformation Agency and to specify its functions, focusing on providing strategic leadership and coordination for whole-of-government information and communications technology and digital service delivery. This change aimed to enhance the digital capabilities of the public service and better align its operations with contemporary technological advancements.
Scope and Application
The Public Service Act 1999, as amended by the 2016 Order, applies to the Digital Transformation Office, which has been renamed the Digital Transformation Agency. This Act applies to a specific entity within the Commonwealth public service, namely the Digital Transformation Agency, and its functions are clearly delineated to provide strategic and policy leadership on ICT and digital service delivery across the government. The geographic reach of this Act is limited to the Commonwealth of Australia, specifically impacting the operations and structure of this executive agency. The Act does not explicitly state any exclusions or exemptions but focuses on defining the scope of the Agency’s functions and responsibilities. The legislative amendment also extends the application by specifying the particular functions of the renamed agency, thereby clarifying its role and scope within the public service framework.
Key Provisions
The Order issued under section 65 of the Public Service Act 1999 (hereafter referred to as the "Act") amends the 2015 Order that established the Digital Transformation Office as an Executive Agency. The new Order renames this entity to the Digital Transformation Agency (section 1(b)) and redefines its functions (section 1(e)). These functions include providing strategic and policy leadership on whole-of-government information and communications technology (ICT) and digital service delivery, designing, developing, coordinating, delivering and monitoring policies, standards, services and delivery platforms for whole-of-government and shared ICT and digital service delivery, coordinating funding for these platforms, managing a whole-of-government ICT program management office that oversees all significant ICT and digital investments, advising the Minister on proposals related to whole-of-government and shared ICT and digital service delivery, and undertaking any other tasks required by the Minister.
Under the Act, the Digital Transformation Agency is required to perform these specified functions diligently and in accordance with the law. The Agency must ensure that it provides the necessary strategic and policy leadership, develops and coordinates relevant policies, standards, services and delivery platforms, and manages the funding and oversight of whole-of-government ICT programs. The Agency is also tasked with advising the Minister on matters pertaining to ICT and digital service delivery, ensuring that all activities align with the overarching goals of the Commonwealth.
Failure to comply with the provisions of the Act or to perform the functions as specified in the Order may result in various consequences. While the specific offences, penalties, and consequences for breach are not detailed in the text provided, under the Public Service Act 1999, breaches of the Act can lead to disciplinary action, fines, or even criminal charges depending on the nature and severity of the breach. The Act includes provisions for sanctions, including potential civil and criminal penalties, to ensure adherence to its requirements. The maximum penalties for breaches of the Public Service Act 1999 can vary widely but may include substantial fines and imprisonment for serious offences.