Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021

Administered by Department of Finance

Legislation au F2021L00890 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 (Digital Transformation Agency) Rules 2021

 

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.

 

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) Rules 2021 (Amendment Rules) amend Schedule 1 to the
PGPA Rule by:

  • amending the purposes of the Digital Transformation Agency (DTA), including in relation to strategic and policy leadership, whole of government and shared information and communication technology investments and digital service delivery; and
  • repealing the clause prescribing that the DTA sunset as a listed entity for the
    PGPA Act on 30 June 2022.

 

The Digital Transformation Office (DTO) was first established as an Executive Agency for the purposes of the Public Service Act 1999 by an Executive Order on 12 March 2015. The Order commenced on 1 July 2015. The listing of the DTO in Schedule 1 to the PGPA Rule, which made it a non‑corporate Commonwealth entity for the purposes of the PGPA Act, commenced on 23 June 2015 with a sunset date of 30 June 2020.

 

The Order was amended on 27 October 2016 to rename the Executive Agency to the DTA and update its functions. The listing in Schedule 1 to the PGPA Rule was also amended to reflect these changes and commenced on 18 November 2016. An additional amendment to the listing in Schedule 1 to the PGPA Rule commenced on 26 June 2020 which amended the sunset clause allowing the listed entity for 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 1 July 2021.

 

Consultation

 

The Amendment Rules were developed by the Office of Parliamentary Counsel in consultation with the Department of the Prime Minister and Cabinet and the Digital Transformation Agency in accordance with section 17 of the Legislation Act 2003.

Details of the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021

 

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021.

 

Section 2 – Commencement 

This section provides that this instrument commences on 1 July 2021.

 

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 – Subclause 10(1) of Schedule 1

 

This item omits (1) from the listing at clause 10.

 

Item 2 – Paragraph 10(1)(e) of Schedule 1

 

This item repeals paragraph 10(1)(e) of Schedule 1 and substitutes with a new paragraph
10 (1)(e) which sets out the Digital Transformation Agency’s (DTA) purposes for the finance law.

 

The purposes of the listed entity reflect the functions set out in the Order to identify the Minister responsible for the Digital Transformation Agency, and to Specify functions for the Digital Transformation Agency made under section 65 of the Public Service Act 1999. The Order amends the functions of the Executive Agency, the DTA, to reflect the refocus of DTA’s functions around a central whole of government role relating to strategic and policy leadership in order to drive digital innovation; whole of government and shared information and communication technology (ICT) investments; and digital service delivery.

 

This item amends the purposes of the listed entity to align with the functions in the Order. The purposes set out DTA’s role in providing whole of government and shared ICT investments; and digital service delivery. DTA’s purposes also relate to digital and ICT procurement; strategic coordination and oversight throughout the digital and ICT investment lifecycle; providing advice to maximise reuse capabilities; and managing whole of government digital procurement.

 

The DTA continues to have the responsibility of advising the responsible Minister on matters relating to the listed entity and undertaking other relevant tasks as the responsible Minister may require from time to time.

 

References to responsible Minister are consistent with the definition of “responsible Minister” in section 8 of the PGPA Act.

 

Item 3 – Subclause 10(2) of Schedule 1

 

This item repeals the sunset provision at subclause 10(2) of Schedule 1 of the PGPA Rule to allow the DTA to continue as a listed entity for the PGPA Act.

 

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 (Digital Transformation Agency) Rules 2021

 

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021 (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.

 

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021 (Amendment Rules) amend Schedule 1 to the
PGPA Rule by:

  • amending the purposes of the Digital Transformation Agency (DTA), including in relation to whole of government and shared information and communication technology investments and digital service delivery; and
  • repealing the clause prescribing that the DTA cease to exist as a listed entity for the PGPA Act on 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 Simon Birmingham

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021 were enacted to address the need for a more enduring framework for the Digital Transformation Agency (DTA) within the Australian public sector. The original Act, the Public Governance, Performance and Accountability Act 2013, provided the legislative foundation for regulating resource management by Commonwealth entities. However, it was recognised that the DTA, initially established to foster digital innovation and shared ICT investments, required a more permanent status beyond its initially set sunset date. These amendment rules, developed under the authority of the Minister for Finance, amend the Public Governance, Performance and Accountability Rule 2014 to update the purposes of the DTA and eliminate the sunset clause, thereby ensuring the agency can continue its crucial functions indefinitely. This legislative instrument aims to streamline digital transformation efforts across government, enhancing the delivery of digital services to the public. The enacting body for these rules is the Australian Parliament, operating under the authority of the Minister for Finance. The policy objective is to secure the ongoing role of the DTA in driving digital innovation, facilitating whole of government and shared ICT investments, and ensuring effective digital service delivery. By amending the legislation in this way, the government aims to support the DTA's strategic coordination and oversight throughout the digital and ICT investment lifecycle, thereby improving the efficiency and effectiveness of digital procurement and service delivery across the public sector.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021 amends the Public Governance, Performance and Accountability Rule 2014 by altering the purposes of the Digital Transformation Agency (DTA) and repealing the sunset clause that was set to cease the DTA's existence as a listed entity under the Public Governance, Performance and Accountability Act 2013 on 30 June 2022. These rules apply to the Digital Transformation Agency, a non-corporate Commonwealth entity, and they extend the agency's role in providing whole of government and shared information and communication technology investments, as well as digital service delivery. The rules also enable the DTA to continue its operations beyond the previously set end date of 30 June 2022. The Amendment Rules, made under section 101 of the PGPA Act, come into effect on 1 July 2021 and do not exclude any entities or conduct from their application. The rules ensure that the DTA can persist in its critical role within the Commonwealth’s digital transformation framework without interruption.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rules 2021 amends the Public Governance, Performance and Accountability Rule 2014, particularly concerning the Digital Transformation Agency (DTA). Specifically, Section 4 of the Amendment Rules modifies the purposes of the DTA as outlined in Item 2 of Schedule 1. These purposes now include strategic and policy leadership, whole of government and shared information and communication technology (ICT) investments, and digital service delivery. This change aims to refocus the DTA’s functions around a central whole of government role in driving digital innovation. Moreover, Item 3 of Schedule 1 repeals the sunset clause, which previously stipulated that the DTA would cease to be a listed entity for the Public Governance, Performance and Accountability Act 2013 on 30 June 2022. This amendment allows the DTA to continue its role indefinitely. Under the Amendment Rules, the DTA has specific obligations and requirements. Firstly, it must provide whole of government and shared ICT investments, focusing on digital service delivery. Secondly, it must offer strategic coordination and oversight throughout the digital and ICT investment lifecycle. The DTA is also responsible for advising on maximising reuse capabilities and managing whole of government digital procurement. Additionally, the DTA must advise the responsible Minister on matters relating to the agency and undertake other tasks as required by the Minister. These obligations ensure that the DTA effectively supports digital innovation and ICT investments across the Commonwealth. The Amendment Rules do not explicitly outline specific offences, penalties, or consequences for breaches. However, given that the PGPA Act regulates resource management by Commonwealth entities, any non-compliance with the amended purposes and requirements for the DTA could potentially lead to scrutiny, review, or corrective actions under the PGPA Act. The PGPA Act itself provides for a range of administrative and legal actions, including financial penalties, where entities fail to meet their obligations under the Act. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the PGPA Act and any related 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.