PGPA Newsletter 96

A new Flipchart and List of PGPA Act Commonwealth entities and companies was issued on 3 October 2023.

Both the Flipchart and the List have been updated to reflect the recent additions to current Commonwealth entities and companies for the Public Governance, Performance and Accountability Act 2013 (PGPA Act):

National Reconstruction Fund Corporation, a new corporate Commonwealth entity in the Industry, Science and Resources portfolio, established by the National Reconstruction Fund Corporation Act 2023, on 18 September 2023; and

Parliamentary Workplace Support Service, a new non-corporate Commonwealth entity in the Finance portfolio, established by the Parliamentary Workplace Support Service Act 2023, on 1 October 2023.

Further detail on these updates are available in the Table of Changes for 2023-24. Here are the latest versions of the Flipchart and its associated List of Commonwealth entities and companies.

Feedback on Flipchart and List and how you use these tools are always welcome and can be sent to PGPA@finance.gov.au.

The Discretionary Payments Section have been working on a redraft of RMG-401 relating to act of grace payments and waivers of debt owed to the Commonwealth under the PGPA Act. This work has progressed to the point that on 4 October 2023 a final draft was shared with affected non-corporate Commonwealth entities.

Some of the key changes in the revised RMG-401 are that:

• Where possible a common set of principles will guide consideration of the discretionary powers (that is, both act of grace payments and debt waiver requests).
• Procedural fairness approach – Commonwealth entities will be advised to provide submissions to Finance (not to claimants as reflected in the current version) – Finance will manage procedural fairness disclosures in all cases.
• Requests lodged with Commonwealth entities are to be referred immediately to Finance (not to be forwarded to Finance once a submission is drafted).
• Better guidance to Commonwealth entities about what information Finance requires in submissions, particularly where alternate remedies exist.
• Clearer guidance to individuals and organisations about the purpose of the discretionary powers. Particularly:
  • Strengthening information around the fact that alternate debt management strategies (deferral and repayment plans) will generally be more appropriate responses to financial hardship than use of the discretionary powers.
  • Clarifying that the act of grace mechanism is not generally used as a response to compassionate circumstances, rather it is used where the circumstances have arisen due an act of the Commonwealth.

It is not expected that the revised approach will have any significant impact on the outcomes of requests for consideration, but the ‘principle-based’ approach will make Statements of Reasons clearer to individuals and organisations. It is hoped that the better focussed information may result in a reduction of requests over time and reduce some unnecessary work for your teams.

If you have not seen the consultation drafts and would like to receive a copy, please email the Discretionary Payments Section at sfc@finance.gov.au. Feedback is requested by 1 November 2023.

The Discretionary Payments Section is also working on an update to RMG-409 Scheme for Compensation for Detriment caused by Defective Administration (CDDA) and will consult with entities separately once the revised draft is complete.

• Commonwealth entities: How to publish your corporate plan
• Commonwealth companies: How to publish your corporate plan

Any questions in relation to Corporate Plans can be directed to PGPA@finance.gov.au

• integrate high-quality evaluation into all aspects of program and policy development and to produce rigorous, evidence-based assessments of complex policy issues.
• embed good evaluation principles and practices across government and foster an evaluative culture that supports continuous learning about what works, why, and for whom.

The Commonwealth Evaluation Policy and Toolkit (Resource Management Guide 130) are now available on the ACE website.

If you would like further information, please contact evaluation@treasury.gov.au.