Public Interest Disclosure (Treasury) Appointments 2023
I, Roxanne Kelley, Deputy Secretary, Corporate and Foreign Investment Group, Department of the Treasury, delegate of the Secretary to the Treasury, make the following appointments.
Dated 14 March 2023
Roxanne Kelley
Deputy Secretary
Corporate and Foreign Investment Group
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Appointment of authorised officers
5 Appointment of authorised officers
Part 3—Revocation
6 Revocation of previous appointments of authorised officers
Part 1—Preliminary
1 Name
This instrument is the Public Interest Disclosure (Treasury) Appointment 2023.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Public Interest Disclosure Act 2013.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Public Interest Disclosure Act 2013 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
Assistant Secretary (governance) means the SES Band 1 with general responsibility for an agency’s general fraud prevention and control policies.
Note: In 2023, the Assistant Secretary, Executive Coordination and Governance, Corporate Division, Corporate and Foreign Investment Group, had general responsibility for Treasury’s general fraud prevention and control policies.
Director (governance) means the EL2 employee with general responsibility for an agency’s general fraud prevention and control policies.
Note: In 2023, the Director, Treasury Integrity, Portfolio Governance and Appointments, Executive Coordination and Governance Branch, Corporate Division, Corporate and Foreign Investment Group, had general responsibility for Treasury’s general fraud prevention and control policies.
EL2 employee means an APS employee who has been allocated an Executive Level 2 classification.
SES Band 1 means an SES employee who has been allocated an SES Band 1 classification.
the Act means the Public Interest Disclosure Act 2013.
the Treasury means the Department of the Treasury.
Part 2—Appointment of authorised officers
5 Appointment of authorised officers
Under section 36 of the Act, any person holding, occupying or performing the duties of any of the following offices or positions in the Treasury is appointed as an authorised officer under the Act:
(a) Deputy Secretary of Corporate and Foreign Investment Group;
(b) if Corporate and Foreign Investment Group ceases to exist or is renamed—the Deputy Secretary of the Group with general responsibility for corporate services;
(c) Assistant Secretary (governance);
(d) Director (governance).
Note 1: Under the Act, the Secretary to the Treasury is also an authorised officer—see section 36.
Note 2: Authorised officers have also been appointed under the following instruments:
(a) Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023; and
(b) Treasury Portfolio Governance (Commonwealth Grants Commission) Instrument 2023; and
(c) Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023.
Part 3—Revocation
6 Revocation of previous appointments of authorised officers
The appointment of authorised officers made on 18 August 2022 is revoked.
Overview
The Public Interest Disclosure (Treasury) Appointments 2023 was enacted in 2023 to address the need for clear and specific appointments of authorised officers within the Department of the Treasury under the Public Interest Disclosure Act 2013. This notifiable instrument was made by Roxanne Kelley, the Deputy Secretary of the Corporate and Foreign Investment Group at the Department of the Treasury, as the delegate of the Secretary to the Treasury. The primary objective of this instrument is to ensure that authorised officers, who are pivotal in handling public interest disclosures, are correctly identified and appointed within the Treasury, thereby maintaining the integrity and effectiveness of the public interest disclosure system. The instrument revokes previous appointments made on 18 August 2022, ensuring that the most current and accurate appointments are in place to handle the responsibilities outlined under the Act.
Scope and Application
The Public Interest Disclosure (Treasury) Appointments 2023 specifies the individuals who are appointed as authorised officers under the Public Interest Disclosure Act 2013, within the Department of the Treasury. The appointed authorised officers include the Deputy Secretary of the Corporate and Foreign Investment Group, the Assistant Secretary with general responsibility for governance, and the Director with general responsibility for governance. These appointments are effective from the day after the instrument is registered. Notably, any previous appointments of authorised officers made on 18 August 2022 are revoked by this instrument. Authorised officers play a crucial role under the Act, as they are entrusted with the responsibility of handling public interest disclosures, ensuring that such disclosures are managed in accordance with the legislative framework designed to protect whistleblowers and promote transparency and accountability in public administration.
Key Provisions
The Public Interest Disclosure (Treasury) Appointments 2023 (the "Instrument") is a notifiable instrument made under the Public Interest Disclosure Act 2013 (the "Act"). The Instrument sets out the appointment of authorised officers within the Department of the Treasury who are authorised to receive public interest disclosures. The Instrument came into effect the day after it was registered, in accordance with the commencement provisions set out in section 2. The definitions section clarifies terms used in the Instrument, with expressions having the same meaning as in the Act and related instruments. Section 5 of the Instrument appoints certain officers within the Treasury as authorised officers under the Act. Specifically, the Deputy Secretary of the Corporate and Foreign Investment Group, the Assistant Secretary (governance), and the Director (governance) are appointed as authorised officers. The Instrument also provides that if the Corporate and Foreign Investment Group ceases to exist or is renamed, the Deputy Secretary of the Group with general responsibility for corporate services will be appointed as an authorised officer. Section 6 of the Instrument revokes the appointment of authorised officers made on 18 August 2022.
The Instrument imposes obligations on the parties or entities it governs by appointing certain officers within the Treasury as authorised officers under the Act. Authorised officers have the responsibility to receive public interest disclosures and to take appropriate action in relation to those disclosures. Authorised officers must also ensure that public interest disclosures are handled in accordance with the requirements of the Act. Failure to comply with the requirements of the Act may result in civil or criminal consequences.
There are no specific offences, penalties, or consequences for breach outlined in the Instrument itself. However, the Act provides for a range of civil and criminal penalties for breaches of its provisions. For example, a person who makes a public interest disclosure in bad faith may be liable for damages, and a person who retaliates against someone who has made a public interest disclosure may be guilty of an offence and liable to a fine. The maximum penalties for offences under the Act vary depending on the offence and the circumstances of the case. It is important for authorised officers and other relevant parties to be aware of their obligations under the Act and to take appropriate action to ensure compliance.