Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023

Administered by Department of Finance

Legislation au F2023L00124 Rules Not in force Legislative Instrument

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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 (2023 Measures No. 1) Rules 2023

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) set out a framework for regulating resource management by Commonwealth entities and companies. Section 101 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the Act. Paragraph 103(e) of the PGPA Act provides that the rules may make provision for the name or purposes of a non-corporate Commonwealth entity that is prescribed by the rules to be a listed entity. Paragraph 105B(1)(b) provides that the Finance Minister may, by written instrument, make provision about procurement by corporate Commonwealth entities prescribed by the rules.

 

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 (2023 Measures No. 1) Rules 2023 (Amendment Rules) amend item 14 of the table in section 30 of the PGPA Rule by substituting ‘Independent Health and Aged Care Pricing Authority’ for ‘Independent Hospital Pricing Authority’. This name change aligns the name of the entity with the name prescribed in section 129(1) of the National Health Reform Act 2011.

 

The Amendment Rules also amend Schedule 1 to the PGPA Rule by repealing clause 10A. Clause 10A prescribes the Fair Work Ombudsman and Registered Organisations Commission Entity as a listed entity, a type of non-corporate Commonwealth entity, for the purposes of the finance law as defined by the PGPA Act. 

 

This amendment is being made as a consequence of amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Fair Work Amendment Act). The Fair Work Amendment Act abolishes the Registered Organisations Commission and the Registered Organisations Commissioner as statutory bodies, and amends the Fair Work Act 2009 to prescribe the Office of the Fair Work Ombudsman as a listed entity under enabling legislation.

 

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 contain three provisions.

 

Sections 1 to 4 and Schedule 1, item 1 commence the day after this instrument is registered.

 

Schedule 1, item 2 commences the later of the day after this instrument is registered; and

the day on which Divisions 1 and 2 of Part 1 of Schedule 1 to the Fair Work Amendment Act commence.

 

Consultation

 

The Amendment Rules were developed by the Office of Parliamentary Counsel in consultation with the Department of Employment and Workplace Relations, in accordance with section 17 of the Legislation Act 2003.

Details of the Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023

 

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023.

 

Section 2 – Commencement 

This section provides that each provision of the instrument specified in column 1 of the table commences in accordance with column 2 of the table.

 

Sections 1 to 4 and anything in the instrument not elsewhere covered by the table and Schedule 1, item 1 commence the day after the instrument is registered.

 

Schedule 1, item 2 commences the later of the day after this instrument is registered and the day on which Divisions 1 and 2 of Part 1 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commence.  

 

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 the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) is amended as set out in Schedule 1 to this instrument.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – Section 30 (table item 14, column headed “Corporate Commonwealth entity”)

 

This item amends item 14 of the table in section 30 of the PGPA Rule by substituting ‘Independent Health and Aged Care Pricing Authority’ for ‘Independent Hospital Pricing Authority’. Section 30 of the PGPA Rule is made for paragraph 105B(1)(b) of the PGPA Act which provides that the Finance Minister may, by written instrument, make provision about procurement by corporate Commonwealth entities prescribed by the rules.

 

The name change aligns the name of the entity in section 30 of the PGPA Rule with the name prescribed in section 129(1) of the National Health Reform Act 2011. The Independent Hospital Pricing Authority was renamed the Independent Health and Aged Care Pricing Authority through amendments made by the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022.

 


Item 2 – Clause 10A of Schedule 1

 

This item repeals clause 10A of Schedule 1 of the PGPA Rule.

 

Clause 10A prescribes the combination of two bodies, the Office of the Fair Work Ombudsman and the Registered Organisations Commission, as a listed entity (a type of
non-corporate Commonwealth entity) for purposes of the finance law as defined by the PGPA Act. The effect of the commencement of item 2, is that there will no longer be a single listed entity under the PGPA Rule that is a combination of these bodies.

 

This amendment is being made as a consequence of amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Fair Work Amendment Act). The Fair Work Amendment Act abolishes the Registered Organisations Commission and the Registered Organisations Commissioner as statutory bodies, and amends the Fair Work Act 2009 to prescribe the Office of the Fair Work Ombudsman as a listed entity under enabling legislation.

 

 

 

 

 

 

 

 

 

 

 

 

 

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 (2023 Measures No. 1) Rules 2023

 

The Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023 (Amendment Rules) is 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) establishes a framework for regulating resource management by Commonwealth entities and companies. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act. Paragraph 103(e) of the PGPA Act provides that the rules may make provision for the name or purposes of a Commonwealth entity prescribed to be a listed entity by the rules. Paragraph 105B(1)(b) provides that the Finance Minister may, by written instrument, make provision about procurement by corporate Commonwealth entities prescribed by the rules.

 

The Amendment Rules amend item 14 in the section 30 table of the PGPA Rule by substituting ‘Independent Health and Aged Care Pricing Authority’ for ‘Independent Hospital Pricing Authority’.

 

The Independent Hospital Pricing Authority was renamed the Independent Health and Aged Care Pricing Authority through amendments made by the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022.

 

The Amendment Rules also amend Schedule 1 to the PGPA Rule by repealing clause 10A. Clause 10A prescribes the Fair Work Ombudsman and Registered Organisations Commission Entity as a listed entity, a type of non-corporate Commonwealth entity, for the purposes of the finance law as defined by the PGPA Act. 

 

This amendment is being made as a consequence of amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Fair Work Amendment Act). The Fair Work Amendment Act abolishes the Registered Organisations Commission and amends the Fair Work Act 2009 to prescribe the Office of the Fair Work Ombudsman as a listed entity under enabling legislation.

 

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 Katy Gallagher

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023 were introduced to address the need for updating the references to certain Commonwealth entities within the existing regulatory framework established by the Public Governance, Performance and Accountability Act 2013. Enacted by the Minister for Finance under the authority of the Public Governance, Performance and Accountability Act 2013, these rules amend the Public Governance, Performance and Accountability Rule 2014 to align with recent legislative changes. Specifically, the rules replace the reference to the 'Independent Hospital Pricing Authority' with 'Independent Health and Aged Care Pricing Authority', reflecting the name change stipulated in the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022. Additionally, the rules repeal the reference to the Fair Work Ombudsman and Registered Organisations Commission Entity as a listed entity, in response to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which abolished the Registered Organisations Commission and modified the Fair Work Act 2009. This amendment ensures that the regulatory framework remains current and consistent with the latest legislative developments. The Amendment Rules were developed through consultation with the Department of Employment and Workplace Relations, in accordance with section 17 of the Legislation Act 2003. They are compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights. The policy objective of these rules is to maintain an up-to-date and accurate framework for managing Commonwealth entities, ensuring that regulatory references are consistent with current legislative structures.

Scope and Application

The Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023 amends the Public Governance, Performance and Accountability Rule 2014 under the Public Governance, Performance and Accountability Act 2013, affecting the regulatory framework for resource management by Commonwealth entities and companies. These Amendment Rules alter the name of the Independent Health and Aged Care Pricing Authority within the PGPA Rule to align with the National Health Reform Act 2011, and repeal the provision that combines the Fair Work Ombudsman and Registered Organisations Commission Entity as a listed entity. This repeal follows the abolition of the Registered Organisations Commission by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which now designates the Office of the Fair Work Ombudsman as a listed entity under the Fair Work Act 2009. The Amendment Rules apply to the Commonwealth entities and companies governed by the PGPA Act and its associated rules, affecting their management and compliance with finance laws. The rules do not engage any of the human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The scope of the Amendment Rules is limited to modifying the PGPA Rule to reflect legislative changes in other acts, ensuring consistency and coherence within the legislative framework. These rules are part of the legislative instruments made under the Legislation Act 2003, providing a structured approach to amending the PGPA Rule. The changes in the Amendment Rules are intended to streamline the regulatory environment by updating entity names and restructuring the listed entities as per the most recent legislative amendments. The commencement of these changes is staggered, with certain provisions taking effect immediately upon registration and others contingent on the commencement of related divisions in the Fair Work Amendment Act. This careful sequencing ensures that the amendments are implemented in a manner that aligns with the broader legislative reforms.

Key Provisions

The Public Governance, Performance and Accountability Amendment (2023 Measures No. 1) Rules 2023 (Amendment Rules) introduce significant amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), primarily concerning the renaming of the Independent Hospital Pricing Authority to the Independent Health and Aged Care Pricing Authority (sections 1 to 4). This amendment is necessary to align the PGPA Rule with the name prescribed in section 129(1) of the National Health Reform Act 2011. Additionally, the Amendment Rules repeal clause 10A of Schedule 1 of the PGPA Rule, which previously prescribed the Fair Work Ombudsman and Registered Organisations Commission Entity as a listed entity. This change is a direct consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which abolishes the Registered Organisations Commission and prescribes the Office of the Fair Work Ombudsman as a listed entity under the Fair Work Act 2009. The Amendment Rules impose several obligations on the entities governed by the PGPA Act and PGPA Rule. Firstly, Commonwealth entities must ensure their names and purposes are accurately reflected in the PGPA Rule, particularly in light of the renaming of the Independent Health and Aged Care Pricing Authority. Entities must also adhere to any new procurement rules prescribed by the Finance Minister under section 105B(1)(b) of the PGPA Act. Furthermore, the repeal of clause 10A requires entities to adjust their understanding of the listed entities under the PGPA Act, recognising the Office of the Fair Work Ombudsman as the sole entity in place of the previously combined Fair Work Ombudsman and Registered Organisations Commission Entity. The Amendment Rules do not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, any breach of the PGPA Act or PGPA Rule may result in enforcement actions by the relevant authorities, such as the Australian National Audit Office or the Department of Finance. Non-compliance with the finance law requirements could lead to sanctions, including financial penalties, reporting requirements, or other corrective measures to ensure adherence to the legislative framework. The precise penalties would depend on the nature and severity of the breach, as outlined in the PGPA Act and other relevant legislation.

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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.