MoG changes are to be implemented cooperatively and in a timely manner.
The Government (Cabinet or Prime Minister) may specify a date by which a MoG change is to be completed (the completion date).
However, if the Government (Cabinet or Prime Minister) does not specify a completion date, entities are expected to complete MoG changes within 13 weeks from the MoG change date of effect (the commencement date).
Agency heads/accountable authorities involved in the MoG change are responsible for meeting this deadline and for implementing MoG changes in accordance with the principles outlined in this Guide and other relevant guidance.
The Department of the Prime Minister and Cabinet (PM&C), the Department of Finance (Finance) and the Australian Public Service Commission (APSC) will set milestones for the completion of large and/or complex MoG changes affecting many entities, as appropriate, to assist entities with their planning.
Entities and their agency heads/accountable authorities are responsible for managing the completion of MoG changes, and for negotiating and resolving contested issues.
It is good practice to complete a thorough due diligence exercise within the first 5 to 10 days to identify complex or contested issues early.
See Due Diligence and Change Management for more information.
Entities are encouraged to appoint an independent adviser early in the process to manage the information exchange process, facilitate negotiations and to help resolve contested issues. An independent adviser must be appointed if milestones are not being met. If it is apparent that a MoG change is large, complex, contested or there is likely to be a conflict of interest, an independent adviser should be appointed to identify potentially contentious issues and mediate a resolution.
The prompt sharing of all relevant information between entities to inform negotiations and the due diligence process is paramount to a prompt and effective MoG change implementation. Entities must notify all relevant parties of any delays in information sharing or process steps to maintain high levels of transparency.
A risk management approach will be required to avoid letting relatively minor issues delay negotiations.
Dispute resolution
It is expected that agency heads/accountable authorities, and where applicable Secretaries of the respective portfolio departments, will step in to reach a decision where entities cannot resolve a matter at the working level.
Entities must advise PM&C, Finance and the APSC of any delays in finalising negotiations and if the completion date may not be met. If appropriate, Finance and the APSC may adjust milestones and may provide information or advice to the appointed independent adviser to assist them in mediation between the affected entities.
If a matter remains unresolved and meeting the completion date looks in doubt, a recommended position by the independent adviser on the matter must be escalated to a Committee chaired by the Secretary of PM&C and comprising the Secretary of Finance and the Australian Public Service Commissioner (the Commissioner) or their delegates. In the unlikely event that PM&C, Finance or the APSC are parties to the dispute to be resolved, the relevant Secretary or the Commissioner will excuse themselves from the Committee.
See Dispute resolution process for more information.
MoG principles
Consistent with entities’ ongoing obligations under legislation such as the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Public Service Act 1999 (PS Act), the following principles apply to implementing MoG changes:
A MoG change must be implemented in a timely and effective manner, ensuring continuity of Government business.
See also ‘Taking a whole-of-government approach’ and ‘Accountability and compliance with legislation and policy’ under Operational protocols below.
Entities are to work co-operatively, collegially and professionally to implement the change.
See also ‘Taking a whole-of-government approach’ and ‘Constructive and open communication with employees’ under Operational protocols below.
Entities are to ensure, where practicable, their systems, processes and practices are able to adapt and are responsive to change. Entities should ensure continued accountability and risk management for the transferring functions throughout the transition.
See also ‘Taking a whole-of-government approach’ and ‘Accountability and compliance with legislation and policy’ under Operational protocols below.
Operational protocols
Entities are to observe the following operational protocols when implementing MoG changes:
- Taking a whole-of-government approach:
- good faith negotiations
- open and honest identification of resource implications
- timely and accurate exchange of information.
- Constructive and open communication with employees:
- early advice and assistance to employees
- consultation – employees will have opportunities to contribute to the implementation process within the boundaries of Government decisions
- acting with integrity.
- Accountability and compliance with legislation and policy:
- ensure adequate records management
- follow established procedural frameworks, such as ‘employees follow function’, ‘finances follow function’, 'records follow function' and ‘obligations follow function’.
These protocols apply to MoG changes irrespective of any historical budget decisions. Employees, resources and appropriations devoted to a function at the point of the MoG change are transferred to the receiving entity. Receiving entities are to accept the obligations connected with the employees, resources and appropriations transferred.
For more information on:
- the Commonwealth Resource Management Framework, please refer to Managing Commonwealth Resources
- key contacts for queries, see the Key Contacts.
