Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020

Administered by Department of Finance

Legislation au F2020L01234 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 (Relevant Company) Rule 2016

 

Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020

 

Section 85(1)(a) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provides the Finance Minister with the authority to form, or participate in forming a relevant company on behalf of the Commonwealth. A relevant company is a company of a kind prescribed, including its objects or proposed activities, by a rule. 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. Relevant companies are prescribed in the Public Governance, Performance and Accountability (Relevant Company) Rule 2016 (the PGPA Relevant Company Rule).

 

The Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020 (the Amendment Rules) amend the PGPA Relevant Company Rule. This amendment provides the legislative authority for the Finance Minister, on behalf of the Commonwealth, to participate in forming a relevant company that is limited by guarantee whose objects or proposed activities are to strengthen the national education evidence base for school and early childhood education, including through:

 

a)      collaborating with government, the school and early childhood education sector, the vocational education and training sector, the higher education and research sector and philanthropic organisations; and

b)     developing and implementing a national agenda relating to research; and

c)      mobilising high-quality resources for school and early childhood education; and

d)     supporting teaching and learning in school and early education childhood education.

 

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 will commence on the day after registration on the Federal Register of Legislation.

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Education, Skills and Employment.


Details of the Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020

 

Section 1 – Name

 

This section provides that the title of the instrument is the Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020 (the Amendment Rules).

 

Section 2 – Commencement

 

This section provides that the Amendment Rules commence on the day after they are registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

This section provides that the Amendment Rules are 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 (Relevant Company) Rule 2016 is amended as set out in the Schedule to the Amendment Rules.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability (Relevant Company) Rule 2016

 

Item 1 – Section 5 (at the end of the table)

 

This item amends the table of relevant companies in section 5 of the Public Governance, Performance and Accountability (Relevant Company) Rule 2016 by adding a company that is limited by guarantee whose objects or proposed activities are to strengthen the national education evidence base for school and early childhood education, including through:

 

a)      collaborating with government, the school and early childhood education sector, the vocational education and training sector, the higher education and research sector and philanthropic organisations; and

b)     developing and implementing a national agenda relating to research; and

c)      mobilising high-quality resources for school and early childhood education; and

d)     supporting teaching and learning in school and early education childhood education.

 

This item provides the Finance Minister, on behalf of the Commonwealth, with authority under section 85(1)(a) of the PGPA Act to participate in forming a relevant company with Australian state and territory governments. The Commonwealth’s involvement in the kind of company prescribed by the Amendment Rules would have an ongoing position and role as part of Australia’s national architecture for school and early childhood education by informing teacher practice, system improvement and policy development.

 

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 (Relevant Company) Amendment (2019 Measures No. 1) Rules 2020 (the Amendment 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 the use and management of public resources 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 Amendment Rules amend the Public Governance, Performance and Accountability (Relevant Company) Rule 2016 to provide the Finance Minister, on behalf of the Commonwealth, with the legislative authority to participate in forming a relevant company that is limited by guarantee; and whose objects or proposed activities are to strengthen the national education evidence base for school and early childhood education, including through:

 

a)      collaborating with government, the school and early childhood education sector, the vocational education and training sector, the higher education and research sector and philanthropic organisations; and

b)     developing and implementing a national agenda relating to research; and

c)      mobilising high-quality resources for school and early childhood education; and

d)     supporting teaching and learning in school and early education childhood education.

 

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 Mathias Cormann

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020, enacted by the Australian Parliament, are an amendment to the Public Governance, Performance and Accountability Act 2013 (PGPA Act). These rules were introduced to address the need for the Commonwealth to participate in forming a relevant company that is limited by guarantee, with the primary objective of strengthening the national education evidence base for school and early childhood education. The rules provide the Finance Minister with the authority to engage in such activities by amending the Public Governance, Performance and Accountability (Relevant Company) Rule 2016. The policy objective of these rules is to support and enhance educational practices and policies through collaborative efforts and research initiatives. These Amendment Rules were developed following consultation with the Department of Education, Skills and Employment and are designed to ensure compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. They provide a legislative basis for the Commonwealth to contribute to the national education framework by collaborating with various sectors and implementing a national research agenda. The rules are set to commence on the day after they are registered on the Federal Register of Legislation.

Scope and Application

The Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020 (Amendment Rules) provide the Finance Minister with the legislative authority to participate in forming a relevant company, specifically a company limited by guarantee, that aims to strengthen the national education evidence base for school and early childhood education. This is achieved through collaboration with various sectors including government, education, vocational training, higher education, research, and philanthropy, as well as by developing and implementing a national research agenda, mobilising high-quality resources, and supporting teaching and learning in early childhood and school education. The Amendment Rules amend the Public Governance, Performance and Accountability (Relevant Company) Rule 2016, which itself is a subordinate instrument made under section 101 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The PGPA Act establishes a framework for the use and management of public resources by the Commonwealth and relevant entities, and the Amendment Rules extend the authority granted by the PGPA Act to include the formation of the specified relevant company. The Amendment Rules are compatible with human rights as they do not engage any of the applicable rights or freedoms, and they will commence on the day after they are registered on the Federal Register of Legislation.

Key Provisions

The Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020 (Amendment Rules) amend the Public Governance, Performance and Accountability (Relevant Company) Rule 2016 (PGPA Relevant Company Rule) to provide the Finance Minister with the authority to participate in forming a relevant company that is limited by guarantee. This company will focus on strengthening the national education evidence base for school and early childhood education. The objects or proposed activities of this company include collaborating with various sectors such as government, schools, vocational training, higher education, research, and philanthropy (Section 4, Item 1). Additionally, the company will develop and implement a national research agenda, mobilise high-quality resources, and support teaching and learning in schools and early childhood education. The Amendment Rules impose obligations on the Finance Minister and relevant companies to ensure compliance with the objectives outlined in the PGPA Act. The Finance Minister must exercise the authority to form or participate in the formation of a company that aligns with the national education objectives. The relevant company must operate within the scope of its prescribed objects, ensuring its activities contribute to the national education evidence base. This includes maintaining transparency, accountability, and adherence to the collaborative and research-driven goals established in the Amendment Rules. Breaches of the requirements outlined in the Amendment Rules may result in civil or administrative penalties. While the specific penalties are not detailed in the Amendment Rules, breaches of the PGPA Act or any related rules could lead to significant consequences, including financial penalties, legal actions, or other administrative measures. The maximum penalties can vary depending on the nature and severity of the breach, as defined under the PGPA Act and other relevant legislation. The overarching intent is to ensure that the activities of the relevant company remain aligned with the national education objectives and that any non-compliance is addressed appropriately.

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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.