Public Interest Disclosure (Treasury) Delegations 2022

Overview

The Public Interest Disclosure (Treasury) Delegations 2022I, enacted by Steven Kennedy, Secretary to the Treasury, outlines delegations under the Public Interest Disclosure Act 2013. This instrument aims to address the need for streamlined delegation of specific functions and powers within the Department of the Treasury, enhancing the efficiency of handling public interest disclosures. The enacting body, the Parliament, intended this delegation to ensure that appropriate officials within the Treasury can effectively manage and respond to disclosures without unnecessary delays. The policy objective is to facilitate a transparent and efficient process for the investigation and resolution of public interest disclosures, ensuring that the principal officer's functions and powers are effectively delegated to designated roles within the Treasury.

Scope and Application

The Public Interest Disclosure (Treasury) Delegations 2022I, issued by Steven Kennedy, the Secretary to the Treasury, outlines specific delegations of functions and powers under the Public Interest Disclosure Act 2013, effective from the day after the instrument is registered. This instrument applies to certain officers within the Department of the Treasury, specifically delegating the functions and powers of the principal officer of the Treasury to specified individuals such as the Deputy Secretary of the Corporate and Foreign Investment Group or, if that group ceases to exist or is renamed, the Deputy Secretary responsible for corporate services. Additionally, functions and powers are delegated to the Assistant Secretary (governance) and the Director (governance), who are responsible for the agency’s general fraud prevention and control policies. The instrument also includes detailed delegations for specific functions under the Act, such as investigations into disclosures and reporting of investigations, subject to conditions like the absence of a conflict of interest. All previous delegations under the Act are revoked by this instrument, ensuring that the delegations contained herein are the current and applicable framework for exercising powers and performing functions under the Act.

Key Provisions

The Public Interest Disclosure (Treasury) Delegations 2022I (F2022N00182) outlines the delegations made by Steven Kennedy, the Secretary to the Treasury, under the Public Interest Disclosure Act 2013. The instrument is divided into three main parts: preliminary provisions, delegations, and repeals. The instrument itself comes into effect the day after it is registered (Section 2(1)). It is made under the authority of the Public Interest Disclosure Act 2013 and certain terms, such as "Assistant Secretary (governance)" and "Director (governance)," are defined for the purposes of this instrument (Section 4). The key provisions of the delegations section (Section 5) allow certain officials in the Treasury to perform functions and powers under the Act. For instance, under Section 5, any person holding the Deputy Secretary of the Corporate and Foreign Investment Group or the Deputy Secretary of the Group with general responsibility for corporate services is delegated all the principal officer of the Treasury’s functions and powers under the Act. More specific delegations are outlined in Section 6, detailing particular functions and powers delegated to specific officials. For example, Section 6(1) delegates the function of investigating disclosures to the Assistant Secretary (governance) and the Director (governance), provided there is no conflict of interest (Schedule 1, Item 1). These delegations include various functions such as investigating disclosures, deciding not to investigate, notifying the discloser or the Ombudsman of such decisions, and conducting investigations. The Act imposes several obligations on the parties it governs. Officials who are delegated functions and powers must perform them in accordance with any directions and limitations specified in the instrument. For instance, when exercising their delegated authority to investigate disclosures, the Assistant Secretary (governance) and the Director (governance) must ensure that there is no conflict of interest (Schedule 1, Item 1). Failure to adhere to these obligations could result in the invalidity of any actions taken. The instrument also sets out consequences for breaches of its provisions. While the instrument itself does not detail specific offences, penalties, or consequences, it operates under the broader framework of the Public Interest Disclosure Act 2013. Under this Act, breaches can lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, knowingly making a false public interest disclosure could result in penalties as severe as imprisonment for up to two years, fines, or both, as per the Public Interest Disclosure Act 2013. The specific penalties would depend on the exact nature of the breach and any relevant jurisdictional provisions.