Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 2)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 2) is an amendment to the Public Governance, Performance and Accountability Act 2013, enacted to address the need for administrative adjustments in appropriations following functional transfers between Commonwealth entities. This determination was introduced by the Australian Government and specifically targets the reallocation of resources in light of recent functional shifts within the public sector. The purpose of the amendment is to modify appropriations in the 2023-24 Appropriation Acts to reflect the transfer of cybersecurity-related policy functions from the Digital Transformation Agency (DTA) to the Department of Home Affairs, as well as the establishment of the Parliamentary Workplace Support Service (PWSS) as a new non-corporate Commonwealth entity. This amendment ensures that the financial allocations are aligned with the new organisational structure, thereby maintaining fiscal coherence within the public sector. The determination, which is a legislative instrument exempt from disallowance, was prepared after consulting with the affected entities as required by the Legislation Act 2003. It adjusts appropriation items to account for the transfer of functions and the establishment of the PWSS, without altering the total amount appropriated by Parliament. For instance, the Department of Finance's appropriation item is decreased by $14,989,000, while the PWSS receives an equivalent increase, and the DTA and the Department of Home Affairs are adjusted by $534,872.73 each. This amendment ensures that the financial resources are correctly allocated to reflect the new functional responsibilities of the involved entities.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 2) applies to the modification of appropriations in the 2023-2024 Appropriation Acts as a result of the transfer of functions between certain Commonwealth entities. Specifically, the amendment determination addresses the reallocation of appropriations following the transfer of cyber security-related policy functions from the Digital Transformation Agency to the Department of Home Affairs and the establishment of the Parliamentary Workplace Support Service as a non-corporate Commonwealth entity. The amendment determination modifies appropriations for the Department of Finance, the Parliamentary Workplace Support Service, the Digital Transformation Agency, and the Department of Home Affairs. It is a legislative instrument under the Legislation Act 2003 and operates within the Commonwealth jurisdiction. Notably, this determination is exempt from disallowance as it pertains to administrative changes concerning the allocation of functions and resources among entities, rather than substantive legislative changes. Consultations with the affected entities were conducted in accordance with the Legislation Act 2003 prior to the determination's preparation.

Key Provisions

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2023-2024 (No. 2) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2023-2024, primarily to reflect the transfer of appropriations between the Department of Finance, the Parliamentary Workplace Support Service (PWSS), the Digital Transformation Agency (DTA), and the Department of Home Affairs. This amendment determination, as detailed in Schedule 1, modifies the 2023-24 Appropriation Acts by adjusting the appropriation items for the affected entities due to the transfer of functions. Specifically, it introduces a departmental item for the PWSS and adjusts the appropriation items for the Department of Finance, the DTA, and the Department of Home Affairs, ensuring the total amount appropriated by the Parliament remains unchanged. The amendment determination imposes obligations on the entities involved, requiring them to comply with the changes in appropriation items as outlined. The Department of Finance must decrease its departmental item by $14,989,000, while the PWSS receives an increase of the same amount. The DTA’s departmental item decreases by $534,872.73, and the Department of Home Affairs’ item increases by the same amount. These adjustments are necessary to reflect the reallocation of resources due to the transfer of functions. Breaching the provisions of this determination could have consequences, although specific offences, penalties, or civil/criminal consequences are not detailed within the determination. As a legislative instrument, the amendment determination is subject to the provisions of the Legislation Act 2003, but it is exempt from disallowance under subsection 75(7) of the PGPA Act, indicating that it does not require a statement of compatibility with human rights. The amendment determination is designed to facilitate administrative changes without imposing additional legal burdens on the entities involved.