Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends Schedule 1 to the Public Governance Performance and Accountability Rule 2014 to list the Fair Work Ombudsman and Registered Organisations Commission Entity as a PGPA Act entity and repeals the item that lists the Office of the Fair Work Ombudsman as it has been combined into the foregoing entity.
Administered by: Finance
Registered 10 Mar 2017
Tabling HistoryDate
Tabled HR20-Mar-2017
Tabled Senate20-Mar-2017
Date of repeal 02 May 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003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 (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

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 (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules) repeals, at clause 18 of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), the listing for the Office of the Fair Work Ombudsman (OFWO) and inserts a listing for the Fair Work Ombudsman and Registered Organisations Commission Entity at clause 10A of Schedule 1.

 

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

 

The Rules are legislative instruments for the purposes of the Legislative Instruments Act 2003.

 

This section provides that the whole of this instrument commences on the later of:

(a)    the day after the Rules are registered; and

(b)   the commencement of  Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2016.

 

Consultation

 

The Rules were developed in consultation with the Department of Employment and the OFWO.

 


Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

Section 1—Name

 

This section provides that the title of the rule is the Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules).

 

Section 2—Commencement

 

This section provides that the whole of this instrument commences on the later of:

(a)    the start of the day after the Rules are registered; and

(b)   the commencement of Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2016.

 

Section 3—Authority

 

This section states that the Rules are made under the Public Governance, Performance and Accountability Act 2013.

 

Section 4—Schedules

 

This section provides that the legislative instrument specified in the Schedule to this instrument is amended or repealed as set out and any other item in a Schedule to this instrument has effect as specified.

 

Schedule 1—Amendments

Public Governance, Performance and Accountability Rule 2014

 

Item 1—Clause 10 of Schedule 1

 

This item adds a new listed entity, the Fair Work Ombudsman and Registered Organisations Commission Entity to Schedule 1 of the Public Governance, Performance and Accountability Rule 2014. The amendment to Schedule 1 of the PGPA Rule relating to the Fair Work Ombudsman and Registered Organisations Commission Entity was developed in response to the enactment of the Fair Work (Registered Organisations) Amendment Act 2016.

The new item 10A of Schedule 1 provides that the Fair Work Ombudsman is the accountable authority of the new listed entity and specifies the persons who are officials of the listed entity including the Fair Work Ombudsman, the Fair Work Inspectors, staff and consultants, and the Registered Organisations Commissioner (Commissioner), persons whose services are made available to, and consultants to, the Commissioner. This item also sets out the purposes and the functions of the Office of the Fair Work Ombudsman and the Registered Organisations Commission.

 

Item 2—Clause 18 of Schedule 1

 

This section repeals the listing for the Office of the Fair Work Ombudsman in clause 18 of Schedule 1.


Statement of Compatibility with Human Rights

 

Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.                                                                                        

 

The Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 (the Rules) are 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 Rules insert at clause 10A a listing for a new entity, the Fair Work Ombudsman and Registered Organisations Commission Entity. The listing details the entity, prescribes its accountable authority and officials and provides a statement of purpose. It also repeals, at clause 18 of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014, the listing of the Office of the Fair Work Ombudsman.

 

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