Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

Administered by Department of Finance

Legislation au F2017L00201 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 (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

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 (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules) repeals, at clause 18 of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), the listing for the Office of the Fair Work Ombudsman (OFWO) and inserts a listing for the Fair Work Ombudsman and Registered Organisations Commission Entity at clause 10A of Schedule 1.

 

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

 

The Rules are legislative instruments for the purposes of the Legislative Instruments Act 2003.

 

This section provides that the whole of this instrument commences on the later of:

(a)   the day after the Rules are registered; and

(b)   the commencement of  Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2016.

 

Consultation

 

The Rules were developed in consultation with the Department of Employment and the OFWO.

 

Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

Section 1—Name

 

This section provides that the title of the rule is the Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules).

 

Section 2—Commencement

 

This section provides that the whole of this instrument commences on the later of:

(a)   the start of the day after the Rules are registered; and

(b)   the commencement of Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2016.

 

Section 3—Authority

 

This section states that the Rules are made under the Public Governance, Performance and Accountability Act 2013.

 

Section 4—Schedules

 

This section provides that the legislative instrument specified in the Schedule to this instrument is amended or repealed as set out and any other item in a Schedule to this instrument has effect as specified.

 

Schedule 1—Amendments

Public Governance, Performance and Accountability Rule 2014

 

Item 1—Clause 10 of Schedule 1

 

This item adds a new listed entity, the Fair Work Ombudsman and Registered Organisations Commission Entity to Schedule 1 of the Public Governance, Performance and Accountability Rule 2014. The amendment to Schedule 1 of the PGPA Rule relating to the Fair Work Ombudsman and Registered Organisations Commission Entity was developed in response to the enactment of the Fair Work (Registered Organisations) Amendment Act 2016.

The new item 10A of Schedule 1 provides that the Fair Work Ombudsman is the accountable authority of the new listed entity and specifies the persons who are officials of the listed entity including the Fair Work Ombudsman, the Fair Work Inspectors, staff and consultants, and the Registered Organisations Commissioner (Commissioner), persons whose services are made available to, and consultants to, the Commissioner. This item also sets out the purposes and the functions of the Office of the Fair Work Ombudsman and the Registered Organisations Commission.

 

Item 2—Clause 18 of Schedule 1

 

This section repeals the listing for the Office of the Fair Work Ombudsman in clause 18 of Schedule 1.

Statement of Compatibility with Human Rights

 

Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

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

 

The Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the 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) 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 Rules insert at clause 10A a listing for a new entity, the Fair Work Ombudsman and Registered Organisations Commission Entity. The listing details the entity, prescribes its accountable authority and officials and provides a statement of purpose. It also repeals, at clause 18 of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014, the listing of the Office of the Fair Work Ombudsman.

 

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 (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 amend the Public Governance, Performance and Accountability Rule 2014 to reflect the changes in the structure and naming of the Fair Work Ombudsman and Registered Organisations Commission Entity, as enacted by the Fair Work (Registered Organisations) Amendment Act 2016. These rules were introduced to address the need to update the legislative framework to align with the new entity's structure and to ensure consistency across related legislation. Enacted by the Australian Parliament under the authority of the Public Governance, Performance and Accountability Act 2013, these amendments ensure that the legislative instrument continues to provide an effective framework for resource management by the Commonwealth and relevant entities. The policy objective of these rules is to maintain a coherent and updated regulatory environment that supports the efficient and accountable management of public resources in alignment with the current organisational structures.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 provide a legislative framework for the Fair Work Ombudsman and Registered Organisations Commission Entity, supplementing the Public Governance, Performance and Accountability Act 2013. These Rules, which are applicable at the Commonwealth level, detail the accountable authority, officials, purpose, and functions of the Fair Work Ombudsman and Registered Organisations Commission Entity, effectively replacing the previous listing for the Office of the Fair Work Ombudsman in the Public Governance, Performance and Accountability Rule 2014. The Rules were made in consultation with relevant departments and are compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. They commenced on the later of the day after their registration or the commencement of Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2016, and they are legislative instruments under the Legislative Instruments Act 2003.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules) primarily amend the Public Governance, Performance and Accountability Rule 2014 by inserting a new listing for the Fair Work Ombudsman and Registered Organisations Commission Entity at clause 10A of Schedule 1, and repealing the listing for the Office of the Fair Work Ombudsman (OFWO) at clause 18 of Schedule 1 (Section 4, Schedule 1, Items 1 and 2). These amendments are in response to the Fair Work (Registered Organisations) Amendment Act 2016 and are designed to update the entity structure under the PGPA Act. The Rules impose obligations on the Fair Work Ombudsman and Registered Organisations Commission Entity, including the designation of the Fair Work Ombudsman as the accountable authority and the identification of officials such as Fair Work Inspectors, staff, consultants, and the Registered Organisations Commissioner (Section 4, Schedule 1, Item 1). These entities are also required to adhere to the purposes and functions outlined for the Office of the Fair Work Ombudsman and the Registered Organisations Commission. This ensures that there is a clear accountability framework and defined roles within the entity. Breaches of the requirements set out in the Rules may have legal consequences, although specific offences, penalties, or civil/criminal consequences are not explicitly detailed within the text. However, it can be inferred that non-compliance with the PGPA Act and its subsidiary rules could lead to administrative or legal action as provided for under the Act. The exact penalties would depend on the nature and severity of the breach, and could range from administrative penalties to more severe sanctions if the breach is deemed significant under the PGPA Act. In summary, the Rules are a legislative instrument that updates the entity structure under the PGPA Act by adding a new listing for the Fair Work Ombudsman and Registered Organisations Commission Entity and repealing the previous listing for the OFWO. These amendments ensure the entity operates under a clear and updated framework, with specific obligations placed on the accountable authority and officials to maintain compliance with 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.