Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
PUBLIC GOVERNANCE, PERFORMANCE AND
ACCOUNTABILITY AMENDMENT BILL 2014
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by authority of the Minister for Finance,
Senator the Hon Mathias Cormann)
TABLE OF CONTENTS
Table of abbreviations and common terms ................................................................... ii
General outline ............................................................................................................... 1
Financial Impact Statement............................................................................................ 1
Statement of compatibility with human rights ............................................................... 1
Consultation ................................................................................................................... 2
Main features of the Bill ................................................................................................ 2
NOTES ON SCHEDULE 1 ........................................................................................... 3
i
Table of abbreviations and common terms
Abbreviation or Full term or description
common term
APS Australian Public Service
APSC Australian Public Service Commission
AGS Australian Government Solicitor
Commonwealth entity An entity as defined in section 10 of the PGPA Act
Corporations Act Corporations Act 2001
Finance Department of Finance
Finance Minister The Minister with responsibility for administering the
PGPA Act
Parliamentary Service Parliamentary Service Act 1999
Act
PGPA Act Public Governance, Performance and Accountability Act
2013
PS Act Public Service Act 1999
ii
Public Governance, Performance and Accountability Amendment Bill 2014
General outline
1. The proposed amendments to the Public Governance, Performance and Accountability
Amendment Bill 2014 (the Bill) seek to address a recommendation by the Parliamentary Joint
Committee of Public Accounts and Audit (JCPAA), that the Department of Finance (Finance)
and the Australian Public Service Commission (APSC) work collaboratively to develop
amendments to the Public Governance, Performance and Accountability Act 2013
(PGPA Act) and the Public Service Act 1999 (PS Act) to reduce potential confusion
regarding the duties for public officials.
2. The amendments would, if enacted, amend the PGPA Act to align with the PS Act to:
include the word "honestly" in section 26 to clarify the duties on officials to act
honestly, in good faith, and for a proper purpose;
include the phrases "or seek to gain" and "a benefit" in subsections 27(a) and
28(a) relating to the duty in relation to use of position and the duty in relation to
use of information to clarify the duty on officials not to gain, or seek to gain, a
benefit or advantage for themself or any other person; and
include the phrase "or seek to cause" in subsections 27(b) and 28(b) relating to the
duty in relation to use of position and the duty in relation to use of information to
clarify the duty on officials not to cause, or seek to cause detriment to the entity,
the Commonwealth or any other person.
3. Associated amendments are proposed to be made to the PS Act and Parliamentary
Service Act 1999 (Parliamentary Service Act) to further align duties for officials under the
PGPA Act. These amendments are intended to be progressed separately through the Public
Governance, Performance and Accountability (Consequential and Transitional Provisions)
Bill 2014.
Financial Impact Statement
4. The proposed amendments would add to and amend a number of provisions in the
PGPA Act to clarify, simplify, enhance and improve the understanding and operation of the
Commonwealth's financial management framework within the context of a modernised
financial regime and align the duties more closely to those in the PS Act.
5. While the effect of the proposed amendments is difficult to quantify in monetary terms,
it is expected that simplification of the regulatory requirements for Commonwealth entities
will contribute to long-term efficiencies in terms of achieving improved governance,
transparency and accountability arrangements for Commonwealth entities (including both
non-corporate Commonwealth entities and Commonwealth entities) within the Australian
Government.
Statement of compatibility with human rights
6. The Bill, if enacted, will not affect any of the applicable rights or freedoms outlined in
the Human Rights (Parliamentary Scrutiny) Act 2011, such as those in the International
Covenant on Civil and Political Rights.
7. The Bill does not propose any offences or penalties that limit any human rights.
1
8. The Bill is therefore compatible with the human rights and freedoms recognised or
declared in the international instruments listed in subsection 3(1) of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Consultation
9. The Department of Finance has agreed these changes with the Australian Public
Service Commission and the Department of Parliamentary Services. Subsequent
amendments to the Public Service Act 1999 and the Parliamentary Service Act 1999 are
proposed to further align and clarify duties on officials.
Main features of the Bill
10. The Bill, if enacted, would make a number of technical amendments to clarify aspects
of the Act and are part of broader amendments being made to the PS Act and the
Parliamentary Service Act to ensure greater clarity regarding the application of duties to all
officials under the PGPA Act.
11. These amendments and amendments proposed through the Public Governance,
Performance and Accountability (Consequential and Transitional Provisions) Bill 2014
would help ensure alignment with the obligations placed on:
all officials under the PGPA Act;
APS employees under the PS Act, through the APS code of conduct; and
parliamentary employees through the Parliamentary Services Act.
2
NOTES ON SCHEDULE 1
12. Item 19A and 19B would amend section 26, including the heading to insert the word
"honestly" to more closely align this provision with subsection 13(1) of the PS Act and
subsection 13(1) of the Parliamentary Service Act.
13. Item 19C would amend section 27 to omit the term "position to" and replace with the
term "position". This amendment is structural in nature and relates to the amendments made
in items 19C and 19D.
14. Item 19D would amend subsection 27(a) to include the phrase "or seek to gain, a
benefit" to more closely align this provision with subsection 13(10) of the PS Act and
subsection 13(10) of the Parliamentary Service Act.
15. Item 19E would amend subsection 27(b) to include the phrase "or seek to cause" to
more closely align this provision with subsection 13(10) of the PS Act and subsection 13(10)
of the Parliamentary Service Act that are proposed through the Public Governance,
Performance and Accountability (Consequential and Transitional Provisions) Bill 2014.
16. Item 19F would amend section 28 to omit the term "information to" and replace with
the term "information". This amendment is structural in nature and relates to the amendments
made in items 19F and 19G.
17. Item 19G would amend subsection 28(a) to include the phrase "or seek to gain, a
benefit" to more closely align this provision with subsection 13(10) of the PS Act and
subsection 13(10) of the Parliamentary Service Act.
18. Item 19H would amend subsection 28(b) to include the phrase "or seek to cause" to
more closely align this provision with subsection 13(10) of the PS Act and subsection 13(10)
of the Parliamentary Service Act that are proposed through the Public Governance,
Performance and Accountability (Consequential and Transitional Provisions) Bill 2014.
3
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