Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016

Administered by Department of Finance

Legislation au F2016L01772 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 Amendment

(Digital Transformation Agency) Rule 2016  

 

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.

 

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 (Digital Transformation Agency) Rule 2016 (PGPAA Rule) would amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).

This Schedule prescribes certain bodies, persons, groups of persons or organisations to be listed entities under the PGPA Act.  This amendment would rename a listed entity under the PGPA Rule, as the Digital Transformation Agency and specify the purposes as follows:

  1. 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;
  2. to design, develop, coordinate, deliver and monitor policies, standards, services and delivery platforms for whole-of-government and shared ICT and digital service delivery;
  3. to co-ordinate the funding of whole-of-government and shared ICT and digital service delivery platforms;
  4. to manage a whole-of-government ICT program management office which will oversee all significant ICT and digital investments;
  5. to provide advice to the Minister on whole-of-government and shared ICT and digital service delivery proposals; and
  6. to undertake other relevant tasks as the Minister may require from time to time.

 

The amendment would align the listed entity with the Executive Order to rename the Digital Transformation Office as the Digital Transformation Agency, and specify the functions of the Agency under the Public Service Act 1999 approved by the Governor General, His Excellency General the Honourable Sir Peter Cosgrove, on 27 October 2016.

 

 

Details of the PGPAA Rule are set out at Attachment A.  A statement of compatibility with human rights is at Attachment B. 

The PGPAA Rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is a disallowable instrument. 

 

Consultation

The amendments relating to Item 10, Schedule 1 of the PGPA Rule were developed in response to the request from the Assistant Minister for Cities and Digital Transformation and in consultation with the Department of the Prime Minister and Cabinet.

 

The PGPAA Rule was drafted by the Office of Parliamentary Counsel.

 

Attachment A

 

Details of the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016  

 

Section 1—Name of rule

 

This section provides that the title of the rule is the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016.

 

Section 2—Commencement

 

This section provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.

 

Specifically, the whole of the Amendment Rule will commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3—Authority

 

This section states that the 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, and that any item in a Schedule to this instrument operates or is applied as specified in the Schedule.

 

Schedule 1 – Amendments

 

Part 1 – Amendments commencing the day after the instrument is registered.

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – Clause 10 of Schedule 1

This item would rename the Digital Transformation Office, a listed entity under the
PGPA Rule, as the Digital Transformation Agency with the specified purposes.

 

 


 

 

 

Attachment B

 

Statement of Compatibility with Human Rights

 

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

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 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 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 Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 would amend the Public Governance, Performance and Accountability Rule 2014 made under the PGPA Act.

Specifically, it would make amendments relating to Item 10, Schedule 1 to rename a listed entity under the PGPA Rule as the Digital Transformation Agency and specify its purposes following the Executive Order issued by the Governor General on 27 October 2016.

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 

 

Overview

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 was enacted to align the legislative framework with the renaming of the Digital Transformation Office to the Digital Transformation Agency, a change approved by the Governor General on 27 October 2016. This amendment is a legislative instrument made under the Public Governance, Performance and Accountability Act 2013, which sets a framework for regulating resource management by the Commonwealth and relevant entities. The rule was developed in consultation with the Department of the Prime Minister and Cabinet, in response to a request from the Assistant Minister for Cities and Digital Transformation. The enactment of this rule ensures that the Digital Transformation Agency is properly recognised within the legislative framework, specifying its purposes including strategic leadership, policy design, coordination of ICT and digital service delivery, and management of whole-of-government ICT investments. The rule amends the Public Governance, Performance and Accountability Rule 2014, specifically renaming the Digital Transformation Office as the Digital Transformation Agency and detailing its functions as prescribed by the Executive Order. This amendment was made to reflect the updated nomenclature and responsibilities of the agency within the Commonwealth’s resource management framework. The rule also addresses compatibility with human rights, affirming that it does not engage any of the applicable rights or freedoms and is thus compatible with human rights. The rule commenced on the day after its registration on the Federal Register of Legislative Instruments, ensuring timely alignment with the structural changes within the agency.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 amends the Public Governance, Performance and Accountability Rule 2014 made under the Public Governance, Performance and Accountability Act 2013. This Act establishes a framework for regulating resource management by the Commonwealth and relevant entities. The amendment renames a listed entity under the PGPA Rule as the Digital Transformation Agency and specifies its purposes, following an Executive Order issued by the Governor General on 27 October 2016. The Digital Transformation Agency is tasked with providing strategic and policy leadership on whole-of-government information and communications technology and digital service delivery, designing, developing, coordinating, delivering and monitoring policies, standards, services and delivery platforms for whole-of-government ICT and digital service delivery, coordinating the funding of whole-of-government ICT and digital service delivery platforms, managing a whole-of-government ICT program management office which oversees all significant ICT and digital investments, and providing advice to the Minister on whole-of-government and shared ICT and digital service delivery proposals. The amendment aligns the listed entity with the Executive Order and specifies the functions of the Agency under the Public Service Act 1999. The rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is a disallowable instrument. It is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 (PGPAA Rule) introduces key amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule). Specifically, the PGPAA Rule renames the Digital Transformation Office to the Digital Transformation Agency and details its purposes as stipulated in Schedule 1, Item 10 (section 4). The Digital Transformation Agency is now tasked with providing strategic and policy leadership on whole-of-government and shared information and communications technology (ICT) and digital service delivery. This includes ICT procurement policy, designing and developing policies, standards, services, and delivery platforms, coordinating funding for shared ICT and digital service delivery, managing a whole-of-government ICT program management office, and advising the Minister on relevant proposals. Furthermore, the Agency will undertake other tasks as directed by the Minister from time to time. The PGPAA Rule imposes several obligations on the Digital Transformation Agency. These include ensuring strategic and policy leadership in ICT and digital service delivery, developing and coordinating policies, standards, services, and delivery platforms, managing funding for shared ICT and digital service delivery, overseeing all significant ICT and digital investments, and providing advice to the Minister on proposals related to whole-of-government and shared ICT and digital service delivery. The Agency must also undertake any additional tasks as required by the Minister. Failure to comply with the provisions of the PGPAA Rule may result in civil or criminal consequences. While the PGPAA Rule itself does not explicitly outline specific offences or penalties for non-compliance, the underlying PGPA Act provides a framework for accountability and enforcement. Generally, non-compliance with rules made under the PGPA Act could lead to administrative actions, including financial penalties or sanctions against individuals or entities found to be in breach. Additionally, serious breaches may attract criminal penalties, including fines and imprisonment, depending on the severity of the offence and the provisions of the PGPA Act. The exact penalties would be determined in accordance with the relevant laws and regulations governing the enforcement of the PGPA Act.

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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.