Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022

Administered by Department of Finance

Legislation au F2022L01135 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 (Emergency Management Entities) Rules 2022

 

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.

 

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 (Emergency Management Entities) Rules 2022 (Amendment Rules) amend Schedule 1 to the PGPA Rule by:

  • inserting a new clause 12A to prescribe the National Emergency Management Agency (NEMA) as a listed entity for the purposes of the finance law as defined by the PGPA Act; and
  • repealing clause 15A, which prescribes the National Recovery and Resilience Agency (NRRA) as a listed entity.

 

These amendments reflect the Government’s decision to abolish the Commonwealth entity, the NRRA, and replace it with a new Commonwealth entity, the NEMA, that would subsume the functions of the NRRA and the Emergency Management Australia group in the Department of Home Affairs. The effect of this is to integrate all the Commonwealth’s disaster preparedness, emergency management, recovery and resilience functions into a single Commonwealth entity. The Department of Home Affairs is responsible for high-level policy, legislation and budgetary matters relating to emergency management, resilience and recovery, as the relevant Department of State.   

 

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, each of which commence on separate dates.

 

Sections 1 to 4 commence the day after the Amendment Rules are registered.

 

Schedule 1, Part 1 commences on 1 September 2022. This commencement date aligns the commencement of the NEMA as a non-corporate Commonwealth entity with its commencement as an Executive Agency as established by the Governor-General in the Order to Establish the National Emergency Management Agency as an Executive Agency.

 

Schedule 1, Part 2 commences on 3 September 2022. This commencement date is consistent with the effect of the Order to Abolish the National Recovery and Resilience Agency as an Executive Agency made by the Governor-General.

 

Consultation

 

The Amendment Rules were developed by the Office of Parliamentary Counsel in consultation with the Department of Home Affairs, the Department of the Prime Minister and Cabinet and the NRRA, in accordance with section 17 of the Legislation Act 2003.

Details of the Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022


Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022.

 

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 commence the day after the instrument is registered.

 

Schedule 1, Part 1 commences on 1 September 2022.

 

Schedule 1, Part 2 commences on 3 September 2022.

 

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

 

Part 1 – Amendments relating to the National Emergency Management Agency

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – After clause 12 of Schedule 1  

 

This item inserts a new clause 12A in Schedule 1.

 

The new clause 12A makes the National Emergency Management Agency (NEMA) a
non-corporate Commonwealth entity for the purposes of the PGPA Act by prescribing it as a listed entity in Schedule 1. It also sets out the accountable authority, officials and purposes of the NEMA for the purposes of the finance law. The NEMA will comprise of the Coordinator‑General of the NEMA, as the accountable authority, and persons engaged under the Public Service Act 1999 (PS Act) to assist the Coordinator-General of the NEMA.

 

The NEMA was established as an Executive Agency under section 65 of the PS Act by the Order to Establish the National Emergency Management Agency as an Executive Agency (Order), made on 18 August 2022 and commencing on 1 September 2022. The Order specifies the functions for the NEMA, which are reflected in the purposes of the NEMA by the new clause 12A.

The NEMA will establish a single Commonwealth entity responsible for the Commonwealth’s disaster preparedness, emergency management, recovery and resilience functions, integrating the activities previously managed by the National Recovery and Resilience Agency (NRRA) and Emergency Management Australia.

 

Among other functions, the NEMA will be responsible for developing, leading and coordinating the Commonwealth’s all-hazard approach to emergency management, preparedness, response, relief, recovery, reconstruction, risk reduction and resilience for emergencies and disasters. The NEMA would also provide national leadership and strategic coordination for these activities, working in collaboration with State, Territory and municipal governments, industry and other non-government sectors.

 

At the time of establishment the responsible Minister for the NEMA is the Minister for Emergency Management.

 

Part 2 – Amendments relating to the National Recovery and Resilience Agency

 

Public Governance, Performance and Accountability Rule 2014

 

Item 2 – Clause 15A of Schedule 1

 

This item repeals clause 15A of Schedule 1 of the PGPA Rule which prescribes the NRRA as a listed entity. The effect of this is that from the commencement of this item the NRRA will cease as a non-corporate Commonwealth entity for the purposes of the PGPA Act.

 

This item is consistent with the Order to Abolish the National Recovery and Resilience Agency as an Executive Agency.

 

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 (Emergency Management Entities) Rules 2022

 

The Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022 (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.

 

The Amendment Rules amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 made under the PGPA Act by:

  • inserting a new clause 12A to prescribe the National Emergency Management Agency (NEMA) as a listed entity for the purposes of the finance law as defined by the PGPA Act; and
  • repealing clause 15A, which prescribes the National Recovery and Resilience Agency as a listed entity.

 

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 (Emergency Management Entities) Rules 2022 were enacted to streamline and consolidate the Commonwealth's disaster preparedness, emergency management, recovery, and resilience functions within a single entity, the National Emergency Management Agency (NEMA), thereby enhancing coordination and efficiency. This legislative instrument was introduced by the Minister for Finance under the authority granted by the Public Governance, Performance and Accountability Act 2013. The primary policy objective of these amendments is to abolish the National Recovery and Resilience Agency (NRRA) and replace it with the NEMA, ensuring that all relevant functions are integrated under one umbrella to better manage emergency responses and resilience efforts. The rules reflect the government's decision to consolidate these functions into a singular entity, thus aligning with the overarching aim of improving the Commonwealth's approach to emergency management. The Amendment Rules were developed through consultation with relevant departments, including the Department of Home Affairs, the Department of the Prime Minister and Cabinet, and the NRRA, in accordance with legislative requirements. These amendments are designed to ensure a smooth transition of responsibilities from the NRRA to the NEMA, with specific commencement dates aligned to the establishment and abolition orders for these entities. This legislative action is part of a broader strategy to enhance the Commonwealth's capability to manage and respond to emergencies effectively.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022 amends the Public Governance, Performance and Accountability Rule 2014 to reflect the Australian Government's decision to establish the National Emergency Management Agency (NEMA) as a replacement for the abolished National Recovery and Resilience Agency (NRRA). The amendment rules pertain to the Commonwealth of Australia, specifically targeting entities involved in disaster preparedness, emergency management, recovery, and resilience. This legislative instrument aligns with the Public Governance, Performance and Accountability Act 2013, which provides the framework for managing resources within Commonwealth entities. The rules prescribe the NEMA as a listed entity under the finance law, thereby integrating the NEMA's functions within the Commonwealth’s broader emergency management framework. The rules also repeal the clause that prescribed the NRRA as a listed entity, reflecting its abolition. These amendments commenced on different dates, with the new provisions for the NEMA aligning with its establishment as an Executive Agency on 1 September 2022, and the repeal of the NRRA provisions aligning with its abolition on 3 September 2022.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022 primarily amend the Public Governance, Performance and Accountability Rule 2014 by inserting a new clause 12A (paragraphs 12A(1) and (2)) and repealing clause 15A (paragraph 13). These amendments are designed to reflect the Government's decision to abolish the National Recovery and Resilience Agency (NRRA) and replace it with the National Emergency Management Agency (NEMA). Specifically, clause 12A prescribes the NEMA as a listed entity under the PGPA Act, setting out its accountable authority, officials, and purposes. Clause 15A, which previously prescribed the NRRA as a listed entity, is repealed, effectively removing the NRRA from the list of Commonwealth entities governed by the PGPA Act. The Amendment Rules impose certain obligations on the NEMA as it assumes the functions previously held by the NRRA. These obligations include the responsibility to develop, lead, and coordinate the Commonwealth's approach to emergency management, preparedness, response, relief, recovery, reconstruction, risk reduction, and resilience for emergencies and disasters. The NEMA must work in collaboration with State, Territory, and municipal governments, industry, and other non-government sectors to provide national leadership and strategic coordination. The responsible Minister for the NEMA at the time of its establishment is the Minister for Emergency Management. Failure to comply with the requirements set out in the Amendment Rules could lead to various consequences. While specific penalties are not detailed in the explanatory statement, breaches of the PGPA Act generally may result in administrative or legal actions. These actions could include financial penalties, directives to correct non-compliance, or even criminal charges in cases of significant breaches or misconduct. The exact nature and severity of the penalties would depend on the specifics of the breach and any additional relevant legislation. The Amendment Rules provide a clear framework for the transition of responsibilities from the NRRA to the NEMA, ensuring that the new agency is properly established and recognized under the PGPA Act. The commencement dates for different parts of the Amendment Rules ensure that the changes align with the establishment of the NEMA and the abolition of the NRRA, maintaining continuity in the management of emergency-related functions within the Commonwealth.

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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.