Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends the Public Governance, Performance and Accountability Rule 2014 to rename the Digital Transformation Office as the Digital Transformation Agency.
Administered by: Finance
Registered 17 Nov 2016
Tabling HistoryDate
Tabled HR21-Nov-2016
Tabled Senate22-Nov-2016
Date of repeal 19 Nov 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability Amendment

(Digital Transformation Agency) Rule 2016  

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a framework for regulating resource management 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.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 (PGPAA Rule) would amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).

This Schedule prescribes certain bodies, persons, groups of persons or organisations to be listed entities under the PGPA Act.  This amendment would rename a listed entity under the PGPA Rule, as the Digital Transformation Agency and specify the purposes as follows:

                                     i.            to provide strategic and policy leadership on whole-of-government and shared information and communications technology (ICT) and digital service delivery, including ICT procurement policy;

                                   ii.            to design, develop, coordinate, deliver and monitor policies, standards, services and delivery platforms for whole-of-government and shared ICT and digital service delivery;

                                 iii.            to co-ordinate the funding of whole-of-government and shared ICT and digital service delivery platforms;

                                 iv.            to manage a whole-of-government ICT program management office which will oversee all significant ICT and digital investments;

                                   v.            to provide advice to the Minister on whole-of-government and shared ICT and digital service delivery proposals; and

                                 vi.            to undertake other relevant tasks as the Minister may require from time to time.

 

The amendment would align the listed entity with the Executive Order to rename the Digital Transformation Office as the Digital Transformation Agency, and specify the functions of the Agency under the Public Service Act 1999 approved by the Governor General, His Excellency General the Honourable Sir Peter Cosgrove, on 27 October 2016.

 

 

Details of the PGPAA Rule are set out at Attachment A.  A statement of compatibility with human rights is at Attachment B

The PGPAA Rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is a disallowable instrument

 

Consultation

The amendments relating to Item 10, Schedule 1 of the PGPA Rule were developed in response to the request from the Assistant Minister for Cities and Digital Transformation and in consultation with the Department of the Prime Minister and Cabinet.

 

The PGPAA Rule was drafted by the Office of Parliamentary Counsel.

 


Attachment A

 

Details of the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016  

 

Section 1—Name of rule

 

This section provides that the title of the rule is the Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016.

 

Section 2—Commencement

 

This section provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.

 

Specifically, the whole of the Amendment Rule will commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3—Authority

 

This section states that the instrument is made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4—Schedules

 

This section provides that each legislative instrument that is specified in a Schedule to this Rule is amended or repealed as set out, and that any item in a Schedule to this instrument operates or is applied as specified in the Schedule.

 

Schedule 1 – Amendments

 

Part 1 – Amendments commencing the day after the instrument is registered.

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – Clause 10 of Schedule 1

This item would rename the Digital Transformation Office, a listed entity under the
PGPA Rule, as the Digital Transformation Agency with the specified purposes.

 

 


 

 

 

 

Attachment B

 

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 Amendment (Digital Transformation Agency) Rule 2016 is 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 regulating resource management 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 Public Governance, Performance and Accountability Amendment (Digital Transformation Agency) Rule 2016 would amend the Public Governance, Performance and Accountability Rule 2014 made under the PGPA Act.

Specifically, it would make amendments relating to Item 10, Schedule 1 to rename a listed entity under the PGPA Rule as the Digital Transformation Agency and specify its purposes following the Executive Order issued by the Governor General on 27 October 2016.

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance