Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020

Administered by Department of Finance

Legislation au F2020L00782 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability Rule 2014

 

Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101, 102 and 103 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 (Amendment Rules) make technical amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) relating to:

 

  • extending the capacity for prescribed officials to exercise powers under the Financial Framework (Supplementary Powers) Act 1997 in addition to the PGPA Act; and
  • amending the clause in Schedule 1 of the PGPA Rule, prescribing the Digital Transformation Agency as a listed entity under the PGPA Act, to continue to the end of 30 June 2022.

 

Details of the Amendment Rules are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

 

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003. The Amendment Rules commence on the day after they are registered on the Federal Register of Legislation.

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of the Prime Minister and Cabinet, the Department of Education, Skills and Employment, the Department of Home Affairs, the Department of Industry, Science, Energy and Resources, the Attorney-General’s Department, the Department of Social Services, Department of Health, the Department of Defence, the Department of Veterans’ Affairs, the Department of the Treasury, the Department of Infrastructure, Transport, Regional Development and Communications, the Department of Agriculture, Water and the Environment, the Department of Foreign Affairs and Trade and the Digital Transformation Agency.

Details of the Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020

 

Section 1 – Name

 

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 (Amendment Rules).

 

Section 2 – Commencement

 

This section provides that this instrument commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

This section provides that this instrument is made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4 – Schedules

 

This section provides that each legislative instrument that is specified in a Schedule to this Rule is amended or repealed as set out.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014 (PGPA Rule)

 

Item 1 – Subsection 9(1) (table item 1A, column 2, paragraph (b))

 

This item repeals paragraph (b) in column 2 of the table item 1A at subsection 9(1) of the PGPA Rule and substitutes it with a new paragraph (b). The new paragraph (b) extends one of the three conditions that must apply before a consultant or an independent contractor, or their employees, can be prescribed as an official of a non-corporate Commonwealth entity (NCE) under the PGPA Act. 

 

Currently item 1A of the table in subsection 9(1) of the PGPA Rule permits consultants or independent contractors, or their employees, who are not officials, to be prescribed as officials (prescribed officials) to enable them to be delegated and exercise statutory powers, perform functions or discharge duties under the PGPA Act and Rule when their services so require. This mechanism provides administrative flexibility to accountable authorities of NCEs where there is a functional requirement for consultants or independent contractors to exercise PGPA powers.

 

New paragraph (b) extends the capacity for consultants and independent contractors, or their employees, providing services to NCEs, to exercise powers, perform a function or discharge a duty under the Financial Framework (Supplementary Powers) Act 1997 (FF(SP) Act) when their services require it. This amendment is intended to facilitate greater administrative flexibility for accountable authorities managing arrangements under the FF(SP) Act who will now be able to delegate powers under that Act to prescribed officials. The FF(SP) Act provides an important source of power underpinning many Commonwealth activities, including grants, and has a relationship, recognised in section 6 of the FF(SP) Act, with the finance law (as defined in section 8 of the PGPA Act).

 

The duties of an official in sections 25 to 29 of the PGPA Act will continue to apply to prescribed officials. As with current arrangements, the amendment only applies to NCEs.

 

Item 2 - Subclause 10(2) of Schedule 1

 

This item omits “30 June 2020” and substitutes “30 June 2022” in subclause 10(2) of Schedule 1 of the PGPA Rule to allow the Digital Transformation Agency to continue as a listed entity under the PGPA Act to the end of 30 June 2022.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020

 

The Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 (Amendment Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

The Amendment Rules make technical amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) relating to:

 

  • extending the capacity for prescribed officials to exercise powers under the Financial Framework (Supplementary Powers) Act 1997 in addition to the PGPA Act; and
  • amending the clause in Schedule 1 of the PGPA Rule, prescribing the Digital Transformation Agency as a listed entity under the PGPA Act, to continue to the end of 30 June 2022.

 

Human rights implications

 

The Amendment Rules do not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Amendment Rules are compatible with human rights as they do not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 are legislative instruments made under the Public Governance, Performance and Accountability Act 2013. These rules were introduced to make technical amendments to the Public Governance, Performance and Accountability Rule 2014. The primary objective of the amendment rules is to extend the capacity for prescribed officials to exercise powers under the Financial Framework (Supplementary Powers) Act 1997 in addition to the PGPA Act, and to amend the clause prescribing the Digital Transformation Agency as a listed entity under the PGPA Act, to continue to the end of 30 June 2022. These amendments aim to facilitate greater administrative flexibility for accountable authorities managing arrangements under the Financial Framework (Supplementary Powers) Act and to ensure the Digital Transformation Agency remains a listed entity under the PGPA Act until 30 June 2022. The Amendment Rules were made by the Minister for Finance and are subject to scrutiny for compatibility with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights confirms that these rules do not engage any of the applicable rights or freedoms and are compatible with human rights. The rules were developed through consultation with relevant government departments and agencies, ensuring a broad and inclusive approach to governance and accountability within the Commonwealth.

Scope and Application

The Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 amends the Public Governance, Performance and Accountability Rule 2014 to provide technical modifications that enhance administrative flexibility and operational efficiency within the Commonwealth's resource management framework. These amendments extend the capacity for prescribed officials, such as consultants or independent contractors, to exercise powers under both the Public Governance, Performance and Accountability Act 2013 and the Financial Framework (Supplementary Powers) Act 1997, thereby enabling more streamlined delegation of functions in non-corporate Commonwealth entities. Additionally, the amendment ensures that the Digital Transformation Agency remains listed under the PGPA Act until 30 June 2022, providing continuity in the agency's governance and performance accountability. These rules are applicable to the Commonwealth and its relevant entities, ensuring that the provisions of the PGPA Act are effectively implemented across the Commonwealth's operations. The rules do not introduce any exclusions or exemptions and are subject to the overarching legislative framework established by the PGPA Act and related instruments.

Key Provisions

The Public Governance, Performance and Accountability Amendment (2020 Measures No. 3) Rules 2020 (Amendment Rules) are technical amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule). Section 1 of the Amendment Rules specifies the title of the instrument, while Section 2 states that the Amendment Rules will commence on the day after they are registered on the Federal Register of Legislation. Section 3 identifies the authority under which these rules are made, specifically the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The Amendment Rules make two key changes: first, they extend the capacity for prescribed officials to exercise powers under the Financial Framework (Supplementary Powers) Act 1997 (FF(SP) Act) in addition to the PGPA Act; and second, they amend the clause in Schedule 1 of the PGPA Rule to extend the period for which the Digital Transformation Agency is listed as an entity under the PGPA Act to the end of 30 June 2022. The obligations and requirements imposed by the Amendment Rules primarily affect the delegation of powers and the administrative flexibility available to accountable authorities of non-corporate Commonwealth entities (NCEs). Under the PGPA Rule, prescribed officials can be designated to exercise statutory powers, perform functions, or discharge duties under the PGPA Act when required. The Amendment Rules extend this capability to include the exercise of powers under the FF(SP) Act. This extension aims to provide greater flexibility to accountable authorities who need to delegate powers under the FF(SP) Act to consultants, independent contractors, or their employees. Additionally, the Amendment Rules ensure that the Digital Transformation Agency remains a listed entity under the PGPA Act until 30 June 2022, thus maintaining its regulatory status and obligations. There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of the Amendment Rules themselves. However, any failure to comply with the extended powers and responsibilities outlined in the Amendment Rules could potentially lead to administrative or legal issues under the PGPA Act or the FF(SP) Act. The duties of an official, as set out in sections 25 to 29 of the PGPA Act, continue to apply to prescribed officials. The Amendment Rules are designed to facilitate compliance with existing legislative requirements while providing necessary flexibility for managing Commonwealth activities. The Statement of Compatibility with Human Rights indicates that the Amendment Rules are compatible with human rights, as they do not engage any of the applicable rights or freedoms.

Legal classification tags

Area of Law
Administrative Law
Instrument
Rules
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.