List of Resource Management Guides (RMGs) - Summary

Display RMGs by: A-Z Number order Topic Summary

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This Resource Management Guide (RMG) applies to all officials involved in resource management and the expenditure of Commonwealth moneys (e.g. accountable authorities, chief financial officers, officers with spending delegations, finance teams etc).

    Key points

    This RMG provides a point of reference for information on Commonwealth appropriations, appropriation Acts and related issues and outlines the Constitutional basis for appropriations, particularly that:

    • all revenues or moneys raised or received by government shall form one Consolidated Revenue Fund (CRF)
    • no money shall be drawn from the CRF except under an appropriation made by law.

    The purpose of this RMG is to provide entity officials with information to support their understanding of appropriation Acts, associated Acts and rules that apply to establishing and amending appropriations, and how these underpin the rules and processes for expending Commonwealth money. This guide:

    • summarises the relationship between appropriations and the Budget process
    • explains the different types of appropriations and how they are created, increased or decreased
    • demonstrates how breaches of the Constitution can occur when spending public money and explains how they can be avoided
    • provides information on how the Goods and Services Tax (GST) impacts appropriations.
    This RMG replaces RMG 100 - Guide to Appropriations (i.e. Finance online appropriations guidance, posted 13 October 2021).
  • Topic
    PGPA Act, Assurance and accounting
    Audience

    The Australian Government Assurance Reviews Framework applies to some non-corporate Commonwealth entities (NCEs). This guide applies to officials of NCEs who are responsible for conducting Assurance Reviews, and Assurance Reviewers. 

    Key points

    This guide provides an overview of the Australian Government Assurance Reviews process and assist NCEs, Assurance Reviewers and other participants to understand their roles and responsibilities.

    Assurance Reviews are principle based, providing flexibility for refining and adapting to changing environments, including financial risk and complexities associated with governance.

    Information in this guide is designed to be applied using common sense as relevant to the circumstances of each program/project under review.

  • Topic
    Governance, PGPA Act
    Audience

    This guidance will assist officials of Commonwealth entities who are responsible for preparing and completing the Risk Potential Assessment Tool (RPAT) as part of a New Policy Proposal within the Budget process.

    Key points
    • The RPAT is an Excel template that provides a standardised assessment and presentation of risks in your New Policy Proposal.
    • The Budget Process Operational Rules state that entities must comply with the Government’s Risk Assessment and Assurance Reviews process for New Policy Proposals, including completion of a RPAT for eligible policy proposals.
    • Entities must complete a RPAT for all New Policy Proposals with financial implications of $30 million or above.
    • Entities may opt to complete a RPAT for proposals with a financial implication of less than $30 million if you choose to do so.
    • Where the level of risk before mitigation is ‘MEDIUM’ or higher, you must provide a copy of your RPAT to the relevant Finance Agency Advice Unit in Budget Group and the Assurance Reviews Unit. The level of risk will be used to determine whether additional assurance such as an Implementation Readiness Assessment or Gateway Review may be required.
    • The purpose of the RPAT is to assist entities to determine and communicate the potential risk of a proposal to ministers before seeking Cabinet’s agreement. The risk rating of a proposal can also inform whether additional assurance processes may apply.
       

    The RPAT is the first step in the assessment of risk when developing a New Policy Proposal. It provides a standard set of high-level criteria for assessing the degree of strategic importance and implementation complexity.

    The RPAT assists to identify the risks that need to be managed. Identifying a source of risk is an important step and helps to establish the extent to which that source plays a contributing role, either in terms of the likelihood of the risk occurring and/or its impact.

    The RPAT is not an exhaustive risk analysis model, although it can inform and complement a fuller program/project risk analysis. The RPAT is a template to standardise the assessment and presentation of risks in New Policy Proposals and to better support Government consideration. The RPAT uses your responses to develop a risk rating for each New Policy Proposal, which is also used as a basis to determine whether or not a proposal may be subject to a Cabinet-mandated assurance review (i.e. the Gateway review process or an Implementation Readiness Assessment).

    The RPAT must be completed for each New Policy Proposal with an estimated financial implication of $30 million or more (refer to relevant Estimates Memorandum available from the Central Budget Management System (CBMS) – please consult your CFO area if you do not have access to the Estimates Memorandum).

    Where the Level of Risk (before mitigation) is MEDIUM or higher, a copy of the RPAT must be provided by the entity to the relevant Finance Agency Advice Unit (AAU) in Budget Group and the Assurance Reviews Unit.

    Where multiple New Policy Proposals contributing to a single policy objective are presented to Cabinet as a package within a single submission, an additional whole of submission RPAT must be provided to Finance.

    Where a New Policy Proposal is seeking in-principle agreement from Government to develop a more detailed case for options (for example, First Pass consideration), the RPAT must reflect the total proposal being put forward, as best as it is known (that is, it must not be limited to the activities to be undertaken between First Pass/First Stage and Second Pass/Second Stage consideration).

    After Government approval of a New Policy Proposal, if there is a significant change to one or more risk factors affecting the New Policy Proposal’s implementation, the implementing entity is required to complete a revised RPAT. The updated RPAT must be provided to Finance if the estimated financial implication is $30 million or above and the Level of Risk (before mitigation) is MEDIUM or above.

    The RPAT must be submitted to Finance as soon as practicable, and well in advance of the planned Cabinet consideration date.

    Please email your completed RPATs to Assurance Reviews Unit and to your Agency Advice Unit.

     

  • Topic
    Accounting Policy, PGPA Act
    Audience

    This Resource Management Guide (RMG) is relevant to all officials in Commonwealth entities, particularly chief financial officers (CFOs) and finance teams, where the entity has:

    • developed software for its own internal use, or
    • entered into cloud computing arrangements (CCAs) such as software as a service (SAAS) arrangements.
    Key points

    This guide provides guidance on the accounting treatment for costs that a Commonwealth entity (entity) has incurred on internally developed software (IDS) and CCAs.

    • IDS is software developed by the entity, or purchased by the entity and significantly modified, for the entity’s internal use. Internal use is where there is no substantive plan in existence, or being developed, to market the software externally during the software’s development.
    • CCAs are where the entity does not own the underlying software, but rather accesses and uses the software as needed. SAAS arrangements are a type of CCA, in which a customer has the right to access a supplier’s application software.

    Intangible assets are identifiable non-monetary assets without physical substance (see paragraph 8 of AASB 138 Intangible Assets).

  • Topic
    Accounting Policy, PGPA Act, Assurance and accounting
    Audience
    Key points
  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This guide applies to all officials, particularly chief financial officers and finance teams, in Commonwealth entities that have non-current assets (NCAs) that are held for sale.

    Key points

    This guide:

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This guide applies to all officials, particularly chief financial officers and finance teams, in Commonwealth entities that enter into contracts that transfer insurance risk to another party.

    Key points

    This guide:

    This RMG applies until 1 July 2026 (for the life of the AASB 1023). Then the RMG will be updated to reflect the application of AASB 17 Insurance Contracts.
    Related resources include the PGPA Act and Rule, Australian Accounting Standards (AAS). Appendix A - Definitions and related RMGs are located under Tools and Templates in the right hand menu.
  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This guide is for use by Commonwealth entity officials (e.g. finance teams) with responsibility for subsequent expenditure on items of property, plant and equipment (PPE), as defined by the Australian Accounting Standards Board (AASB), Accounting Standard AASB 116 Property, Plant and Equipment (AASB 116).

    Key points

    This guide:

    • explains when the cost of an item of PPE may be recognised as an asset
    • defines subsequent expenditure on an item of PPE and when it occurs
    • provides guidance, with illustrative examples, for determining whether subsequent expenditure on an item of PPE may be capitalised or expensed
    • provides information on the budget impacts and financial statements disclosure requirements that result from subsequent expenditure on an item of PPE.

    This guide replaces Accounting for subsequent expenditure on property, plant and equipment (RMG 113), released November 2016.

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This guide is relevant to all finance officials (for example, Chief Financial Officers and finance teams) in Commonwealth entities that have obligations to dismantle, remove and restore items of property, plant and equipment (PPE).

     

    Key points

    This guide outlines the accounting and disclosure requirements for the initial recognition and subsequent accounting of make good provisions and corresponding assets, including the unwinding of the discount and changes to provision estimates.

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This Resource Management Guide (RMG) applies to officials in Commonwealth entities that issue concessional loans (eg accountable authorities, chief financial officers and finance teams).

    Key points

    The scope of this RMG is Commonwealth entity accounting requirements for concessional loans. Content in this guide on the ‘market-based loan’ components is also relevant to other financial instruments measured at amortised cost or at fair value.

    This RMG provides guidance on accounting for concessional loans including:

    • discounting using the effective interest method (EIM)
    • the unwinding of the discount
    • relevant Central Budget Management System (CBMS) accounts
    • illustrative examples of journal entries.

    While the guide includes some basic examples, it is not intended to address all the complexities that may arise.  Entity’s proposed approaches should be agreed with relevant audit teams in those instances.

    • This guide replaces Resource Management Guide No. 115, released November 2016.
  • Topic
    Accounting Policy, PGPA Act, Assurance and accounting
    Audience

    This guide will assist officials, including chief financial officers in non-corporate Commonwealth entities (NCEs), who prepare budget estimates and/or financial statements.

    It outlines mandatory accounting requirements (with illustrative examples) under the: 

    Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR) and 
    the Australian Accounting Standards (AAS).
    Key points
    • Annual appropriations are provisions within annual appropriation Acts or supply Acts, that provide Commonwealth entities and companies with annual funding to undertake Australian Government activities and programs.
    • No money can be drawn from the Consolidated Revenue Fund (CRF) of the Commonwealth, except under an appropriation made by law.
    • To be legally valid, all spending from the CRF must be in accordance with authority given by Parliament:
      • A valid appropriation, made in accordance with section 83 of the Constitution, and
      • A legislated purpose - that is, legislation supporting a program/payment, supported by a head of Commonwealth power or elsewhere in the Constitution.
    • Relevant Acts provide the amount of annual appropriations and the authoritative source for the recognition category for accounting purposes.
    • All entities must account for and disclose appropriations in accordance with the FRR - regardless of whether amounts are considered material – appropriations are deemed material by nature (subsection 35(1) of the FRR).
    • Appropriation Acts perform an important constitutional function. These are the laws of parliament that authorise the withdrawal of money from the CRF, for the purposes specified in the Appropriation Act. More information on annual appropriations can be found in RMG-100 Guide to Appropriations (RMG-100).

    Departmental annual appropriations

    Administered annual appropriations

    Provide money for the annual operating costs of entities – entities have control over these items (see section 5 of the FRR and AASB 1050 Administered Items (AASB 1050)). These are recognised in an entity’s annual financial statements:

    • when the entity gains control of the appropriation
    • as income, equity or a liability – in accordance with the characteristics of the appropriation.
    Provide money to carry out the objectives of the Australian Government. Entities do not have control over these items. These are recognised in the administered schedules of an entity’s annual financial statements as equity.

    Legislative authority

    All revenues or moneys raised or received by the executive government of the Commonwealth shall form one Consolidated Revenue Fund (CRF), to be appropriated for the purposes of the Commonwealth, in the manner prescribed by the Commonwealth of Australia Constitution Act (the Constitution) (section 81).

    No money can be drawn from the Treasury of the Commonwealth, except under an appropriation made by law. Additionally, all spending from the CRF needs to be in accordance with an authority given by Parliament (section 83 of the Constitution).

    For expenditure to be valid, there must be a:

    • legally valid appropriation
    • legislated purpose (that is, legislation supporting a program/payment), supported by a head of Commonwealth power (section 51 of the Constitution) or elsewhere in the Constitution.

    In Parliament, a Bill is a proposal for an Act or a change to an existing Act, including:

    • appropriation Bills – these are proposed Acts for annual appropriations from the CRF, for expenditure of Commonwealth funds by entities
    • supply Bills – these are appropriation Bills that propose appropriations for interim funding, usually where the main Budget Bills are unlikely to be passed in time for the new financial year (for example, if an election would interrupt the normal Budget process).
  • Topic
    Accounting Policy, PGPA Act
    Audience

    This guide is relevant to all officials in Commonwealth entities, particularly chief financial officers and finance teams, with responsibility for the presentation of Australian Government financial information.

    Key points

    This guide:

    • outlines the principles used in the presentation of government expenditure in the:
    • replaces Advice Paper – General principles for the recognition of expenditure in budget aggregates, dated July 2018.
  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This Resource Management Guide (RMG) applies to all relevant officials, particularly chief financial officers and finance teams, in Commonwealth entities involved in implementing machinery of government (MoG) changes.

    For ease of reference, the RMG uses ‘entities’ to mean Commonwealth entities, as defined by the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    Key points

    This RMG outlines the accounting requirements for the implementation of MoG changes, particularly:

    • assets, liabilities, revenues and expenses transferring between entities when control of these passes from one entity to the other
    • entities’ agreement of annual appropriation transfer amounts, in accordance with section 75 of the PGPA Act.

    The scope of this RMG is aligned with AASB 1004 Contributions (AASB 1004) paragraphs 54-59 ‘Restructure of administrative arrangements’. For the purposes of paragraphs 54–59 of AASB 1004, section 26(2)(a) of the Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR) defines ‘government department’ as any government controlled entity.

    This RMG excludes transfers of assets and liabilities that are not restructures of administrative arrangements. Appendix A in RMG-123 Designating transfers of assets and liabilities as ‘contributions by owners (RMG-123) outlines the steps involved in assessing whether any transfer of assets and liabilities between government entities should be accounted for as contributions by and distributions to owners, either as a restructure of administrative arrangements or otherwise.

    This RMG replaces RMG-118 Accounting for machinery of government changes, dated June 2020.

    Related resources including appendices, links to the PGPA Act and Rule and glossary terms are located in the right hand menu.

    Appendix 1: Calculating annual appropriation transfer amounts

    This appendix provides guidance on calculating annual appropriation transfer amounts and is available under Tools and templates.

    Appendix 2: Abbreviations

    This appendix provides a list of abbreviations used throughout this guidance and is available under Tools and templates.

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This Resource Management Guide (RMG) is relevant to accountable authorities, chief financial officers and officials of Commonwealth entities with responsibility for preparing annual performance statements, annual financial statements and annual reports following a machinery of government (MoG) change.

    For ease of reference and presentation, this RMG uses ‘entities’ to mean Commonwealth entities as defined by the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    Key points

    This guide:

    • outlines the special reporting responsibilities for preparing annual performance statements, annual financial statements and annual reports following a MoG change
    • provides guidance to assist entity officials in meeting their reporting responsibilities in accordance with the PGPA Act and Division 4 of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).
  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience
    Key points
  • Topic
    Accounting Policy, PGPA Act
    Audience

    This guide is relevant to all officials in Australian Public Service (APS) entities that:

    • temporarily transfer employees under section 26 of the Public Service Act 1999 (Public Service Act), or
    • deploy (or choose to deploy) employees in response to a Prime Minister’s direction made under subsection 21(1) of the Public Service Act.
    Key points

    This guide provides general information about APS secondment arrangements including:

    • typical arrangements for secondments to or from APS entities, state or territory governments or community organisations
    • key considerations to be made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), including for delegating PGPA Act powers and issuing instructions to seconded officials
    • key financial considerations for typical secondment arrangements, including appropriations and the application of Australian Accounting Standards Board (AASB) accounting standards
    • charging activities under the Australian Government Charging Framework (the Charging Framework).
  • Topic
    Accounting Policy, PGPA Act, Assurance and accounting
    Audience

    This guide applies to officers in Commonwealth reporting entities with responsibility for preparing financial statements under the Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR).

    Key points

    The financial statements of Commonwealth reporting entities are to be prepared in accordance with the FRR and the Australian Accounting Standards.

    This guide provides:

    This guide replaces Disclosure of maturity information in financial statements (RMG-122), released April 2019.  

    What are financial statements?

    Financial statements are a means by which a Commonwealth entity’s accountable authority discharges its financial accountability. The Australian Government’s accountability is also supported by the preparation and audit of the Commonwealth Consolidated Financial Statements (CFS), which presents the consolidated whole-of-government financial results, inclusive of all Australian Government controlled entities.

    The framework for preparing Commonwealth entity financial statements, and the CFS, includes standards and requirements that support the integrity and consistency of financial information, as established in the:

    The disclosure of maturity information (that is, the expected realisation dates of assets and liabilities) in financial statements is useful for assessing entity liquidity and solvency.
     

  • Topic
    PGPA Act, Assurance and accounting
    Audience

    All relevant officials, particularly chief financial officers and finance teams, in Commonwealth entities that are transferring assets and/or liabilities to or from another Commonwealth entity.

    Key points

    Transfers of assets and/or liabilities may be treated as contributions by and distributions to owners:

    Transfers of assets and/or liabilities that:

    • are contributions by or distributions to owners, are accounted for through the statement of financial position, as adjustments to assets, liabilities and equity
    • are not contributions by or distributions to owners, are recognised as revenues and/or expenses in the statement of comprehensive income.

    Introduction

    For ease of reference and presentation, the Resource Management Guide (RMG) uses ‘entities’ to mean Commonwealth entities, as defined by the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    This guide:

    • outlines the criteria for certain transfers of assets and/or liabilities to wholly owned Commonwealth entities, to be designated as ‘contributions by owners’ in accordance with AASB 1004 and Interpretation 1038 
    • outlines at Appendix A the overall process for assessing whether transfers of assets and liabilities may be accounted for as contributions by or distributions to owners, whether as restructures of administrative arrangements under AASB 1004 and RMG 118 or through designation under AASB 1004, Interpretation 1038 and this RMG 
    • outlines at Appendix B guidance on common asset and liability transfers.
    This guide replaces Deeming or designating transfers of assets and liabilities as ‘contributions by owners’ (equity) (RMG 123), dated July 2020.
  • Topic
    Accounting Policy, PGPA Act
    Audience

    This guide will assist those officials in Commonwealth entities (excluding Government Business Enterprises (GBEs)) with responsibility for the planning, management and reporting of capital or non-current asset funding.

    Key points

    Capital expenditure is the purchase of non-current assets necessary for Commonwealth entities to achieve their objectives and for their operations. Capital funding is used to meet the costs associated with the replacement of assets, capitalised maintenance (to continue using the asset), make-good costs and other asset costs that can be capitalised.

    All General Government Sector (GGS) entities, except GBEs, which have separate reporting requirements, are required to prepare a capital management plan (CMP) and are encouraged to prepare and maintain a property capital expenditure forecast (PCEF).

    This guide:

    • outlines the rules and requirements for the management and reporting of capital or non-current asset funding, and
    • provides information on how to prepare a CMP and a PCEF.
  • Topic
    Accounting Policy, Finance (Portfolio), Financial Reporting, PGPA Act
    Audience

    This guide will support officials in Commonwealth entities (non-corporate and corporate Commonwealth entities) who are preparing entity financial statements in compliance with the:

    Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR) and 
    the Australian Accounting Standards (AAS).
    Key points

    This guide:

    • will assist officials with existing knowledge of FRR and AAS requirements and/or is to be read in conjunction with the FRR and AAS. It is not a training tool and does not give ‘step-by-step’ guidance for preparing financial statements
    • provides general information to support the preparation of annual financial statements (for example definitions, rounding and materiality policies) and explains accounting treatments required by the FRR, including where the AAS allows choice of accounting treatments
    • provides relevant references to the FRR that should be read together with the supporting guidance
    • aligns with the Department of Finance (Finance) Primary Reporting and Information Management Aid forms of financial statements (PRIMA forms), which assists entities in preparing financial statements.

    Entities need to apply professional judgement in preparing annual financial statements, to:

    • ensure the FRR and AAS are correctly applied for their entity’s classification and unique circumstances
    • present fairly the entity’s financial position, financial performance and cash flows.
    The Public Governance, Performance and Accountability Act 2013 (PGPA Act), or other legislation that established particular Commonwealth corporate entities, requires all Commonwealth entities to prepare financial statements that comply with the FRR and AAS.

    RMG-125 has been updated for 2023-24 reporting requirements. For a summary of changes, please see Key Changes to FRR, RMG-125 and PRIMA 2023-24.

    Update on Sustainability (Climate-related) reporting:

    • The Australian Accounting Standards Board (AASB) has commenced its work making Australian sustainability standards, as the International Sustainability Standards Board has now issued its standards. For further information, please refer to guidance on APS Net Zero Emissions by 2030 and the AASB website.
  • Topic
    PGPA Act, Assurance and accounting
    Audience

    This guide is relevant to Government Business Enterprises (GBEs) that are Commonwealth entities (entity GBEs) or wholly owned Commonwealth companies (company GBEs)[1]. These GBEs are subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and prescribed in the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule). Company GBEs are also subject to the Corporations Act 2001 (the Corporations Act), while entity GBEs are also subject to their enabling legislation. 

    [1] That is, where the Commonwealth has a 100 per cent ownership interest in the company.

    Key points

    Laws/rules/policy: This guide outlines the oversight arrangements for entity GBEs and company GBEs that are prescribed in the PGPA Rule.

    Purpose: To provide guidance regarding board and corporate governance, planning and reporting, financial governance and other governance matters.

    Previous guidance: This guide replaces the Commonwealth Government Business Enterprise Governance and Oversight Guidelines, August 2015.

  • Topic
    Commercial Investment, PGPA Act, Specialist Investment Vehicles
    Audience

    This guide is relevant to all Specialist Investment Vehicles (SIVs) and the portfolio departments that oversee them.

    SIVs are typically corporate Commonwealth entities (CCEs) established by enabling legislation which defines the entity’s functions, as well as the roles and responsibilities of the board as the accountable authority. 

    Occasionally, specific government programs managed by non-corporate Commonwealth entities (NCEs) may also be classified as SIVs. For these programs, the following guidance on Cooperation and Collaboration, certain aspects of Planning and Reporting, and Risk Governance and Management, should be considered by the NCE's accountable authority when establishing arrangements for the program.

    As of 1 July 2024, there are 7 CCEs classified as SIVs:
    • Australian Renewable Energy Agency
    • Clean Energy Finance Corporation
    • Export Finance Australia
    • Housing Australia
    • National Reconstruction Fund Corporation
    • Northern Australia Infrastructure Facility
    • Regional Investment Corporation.
    There is also 1 SIV within the Department of Foreign Affairs and Trade:
    • Australian Infrastructure Financing Facility for the Pacific.
    Key points

    As CCEs and parts of NCEs, SIVs have obligations under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and supported by accompanying guidance. This guide provides information to support those Commonwealth entities classified as SIVs on:

    • board and corporate governance
    • cooperation and collaboration
    • planning and reporting
    • risk governance and management.
       

    Government’s strategic interests for its SIVs

    The Australian Government has the following strategic interests for its SIVs:  

    • a strong interest in how the SIVs meet their Government-set policy and commercial objectives, including socio-economic and policy outcomes and financial returns 
    • full, open and timely reporting and accountability arrangements that facilitate active oversight by the responsible minister(s) and the Finance Minister 
    • board independence and autonomy within government-mandated directions that is balanced with regular performance reporting to the responsible minister(s) and the Finance Minister 
    • appropriately skilled, transparent boards that uphold the highest standards of openness, integrity and governance and are accountable to the responsible minister(s) and the Finance Minister for SIV performance.
  • Topic
    PGPA Act
    Audience

    This guidance will assist Commonwealth entities that perform regulatory functions, including both standalone regulators and those located within policy departments.

    This guidance does not apply where:
    • an entity is only responsible for the setting of policy, standards, the approval of grants or is a tribunal.
    • the regulatory function is only to regulate Commonwealth entities or employees.

    Officials should consider the information in this guidance and determine the applicability of the principles as part of their performance reporting under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    Key points

    This guidance:

    Key points on this guidance

    What are regulatory functions?

    Regulatory functions may include administering (for example, providing approvals, making operational rules about, handling complaints on), monitoring, promoting compliance with and enforcing regulation.

    The Australian Government Guide to Regulatory Impact Analysis defines regulation as, any rule endorsed by government where there is an expectation of compliance.

    Regulatory functions are exercised across a range of governance arrangements and structures. They may be located within Commonwealth entities not publicly identifiable in their own right as a regulator, and may also hold responsibility for other, non-regulatory functions.

    This guidance will use the term regulator to refer to identifiable regulators and to entities with regulatory functions.

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guidance will assist officials of Commonwealth entities:

    • who prepare Portfolio Budget Statements (PBS)
    • contribute to the reporting of performance information in Section 2 of the PBS, to meet the Finance Secretary Direction Requirements for performance information.
    Key points

    Commonwealth entities that produce the PBS must meet the requirements under the Finance Secretary Direction.

    This guide:

    • sets out the requirements for the inclusion of performance information in PBS (Section 2, table 2 Performance measures for Outcome X)
    • sets out the requirements for the reporting of Linked Programs
    • sets out the clear read between the PBS and corporate plan
    • should be read in conjunction with Guide to preparing portfolio budget statements available in the right-hand menu under Tools and templates.
  • Topic
    PGPA Act
    Audience

    The guide is designed to help Commonwealth entities and companies meet:

    • the requirements and policy intent of the Commonwealth Evaluation Policy
    • evaluation requirements in related legislative and policy frameworks.
    Key points

    The guidance has been developed to provide anyone new to evaluation with an overview of evaluation concepts and approaches. It will help you:

    alt text here

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide is relevant to officials of non-corporate Commonwealth entities (NCEs) and corporate Commonwealth entities (CCEs) with responsibility for assisting accountable authorities in preparing corporate plans.

    Commonwealth companies can use aspects of this guide to assist them in meeting their obligation to produce annual corporate plans under section 95 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and section 27A of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).
    Key points

    This guide discusses concepts for developing performance measures, and the specific requirements of section 16EA of the PGPA Rule:

    • The accountable authority of a Commonwealth entity is required to measure and assess the performance of the entity in achieving its purposes.
    • The purposes of a Commonwealth entity includes the objectives, functions or role of the entity.
    • The achievement of an entity’s purposes are pursued through undertaking activities. The accountable authority is required to report the key activities the entity will undertake in order to achieve its purposes in the entity’s corporate plan.   
    • The accountable authority is also required to detail in the corporate plan how the entity’s performance in achieving its purposes will be measured and assessed.

    This guide does not:

    • provide definitive technical advice on how to design performance measures
    • prescribe a generic set of standard performance measures to be reported by Commonwealth entities. 
  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide is relevant to officials in Commonwealth entities (non-corporate and corporate Commonwealth entities) who assist the accountable authority to prepare their corporate plan.

    Key points

    This guide outlines:

    • the content requirements for preparing a corporate plan
    • the presentation and publication requirements
    • how to vary a corporate plan.

    The accountable authority of a Commonwealth entity must prepare a corporate plan for the entity at least once each reporting period.

    The corporate plan must be published on the entity’s website by the last day of the second month of the reporting period for which the plan is prepared, unless the entity's enabling legislation states a different period.

    evaluation methods

    A copy of the entity's corporate plan must be given to the responsible Minister and the Finance Minister as soon as practicable after it is prepared and before it is published on the entity's website. To meet the requirement to give the corporate plan to the Finance Minister, a copy of your corporate plan should be sent to the Department of Finance at PGPA@finance.gov.au. Entities do not need to send a copy of the corporate plan to the Office of the Finance Minister directly. 

    The Department of Finance is responsible for publishing the entity’s corporate plan on the Transparency Portal after the plan has been sent to PGPA@finance.gov.au and the plan has been published on the entity’s website. 

     

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide is relevant to officers of Commonwealth companies who assist the directors with preparing their corporate plan.

    Key points

    This guide outlines:

    • the content requirements for preparing a corporate plan
    • the presentation and publication requirements
    • how to vary a corporate plan.

    The directors of a Commonwealth company must prepare a corporate plan for public release at least once each reporting period. This corporate plan must be published on the company’s website by the last day of the second month of the reporting period for which the plan is prepared (31 August each year).  

    Variable consideration

    A copy of the company's corporate plan must be given to the responsible Minister and the Finance Minister as soon as practicable after it is prepared and before it is published on the company's website. To meet the requirement to give the corporate plan to the Finance Minister, a copy of your corporate plan should be sent to the Department of Finance at PGPA@finance.gov.au. Companies do not need to send a copy of the corporate plan to the Office of the Finance Minister directly.

    The Department of Finance is responsible for publishing the company’s corporate plan on the Transparency Portal after the plan has been sent to PGPA@finance.gov.au and the plan has been published on the company’s website. 

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide is for officials of Commonwealth entities (non-corporate Commonwealth entities and corporate Commonwealth entities) who are responsible for assisting their accountable authority to prepare annual performance statements.

    Commonwealth companies - under the PGPA Act, Commonwealth companies are not required to produce annual performance statements. This guidance therefore does not apply to Commonwealth companies. However, companies are required to report, in their annual reports, on the actual performance results achieved against the performance information outlined in their corporate plans (section 28E(aa) PGPA Rule).
    Key points

    This guide:

    • outlines the requirements for entities producing annual performance statements
    • provides guidance to assist accountable authorities to prepare and publish annual performance statements for their entities.
       

    Key information to assist you in meeting your requirements
     

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide applies to the accountable authorities, chief financial officers, chief operating officers, program managers and officials responsible for contributing to the delivery of the annual report within non‑corporate Commonwealth entities.

    This guide applies to annual reports being prepared for reporting periods that begin on or after 1 July 2023.
     

    Key points

    This guide:

    • provides detail on what an annual report is
    • outlines mandatory content for annual reports
    • sets out how to prepare and publish an annual report
    • defines mandatory digital publication requirements, including standard data templates that entities are required to complete when producing and publishing the annual report using the Digital Annual Reporting Tool.  
       
    For access to the Digital Annual Reporting Tool, entity annual report coordinators should email the Digital Annual Reporting Team.
  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide applies to the accountable authorities, chief financial officers, chief operating officers, program managers and officials responsible for contributing to the delivery of the annual report within corporate Commonwealth entities.

    This guide applies to annual reports being prepared for reporting periods that begin on or after 1 July 2023.

    Key points

    This guide:

    • provides detail on what an annual report is
    • outlines mandatory content for annual reports
    • sets out how to prepare and publish an annual report
    • defines mandatory digital publication requirements, including standard data templates that entities are required to complete when producing and publishing the annual report using the Digital Annual Reporting Tool (the Tool).
    For access to the Digital Annual Reporting Tool, entity annual report coordinators should email the Digital Annual Reporting Team.
  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide applies to the directors, chief financial officers, chief operating officers, program managers and officers responsible for contributing to the delivery of the annual report within Commonwealth companies.

    This guide applies to annual reports being prepared for reporting periods that begin on or after 1 July 2023. 

    Key points

    This guide:

    • provides detail on what an annual report is
    • outlines mandatory content for annual reports
    • sets out how to prepare and publish an annual report
    • provides guidance on satisfying the mandatory digital publication requirements including standard data templates that companies are required to complete when producing and publishing the annual report using the Digital Annual Reporting Tool (the Tool).      
       
    For access to the Digital Annual Reporting Tool, company annual report coordinators should email the Digital Annual Reporting Team.

     

    Role of the Corporations Act 2001

    Companies are subject to a number of reporting requirements under the Corporations Act 2001. The PGPA Act acknowledges these requirements, in particular, the need for companies to produce a financial report, directors’ report and auditor’s report. Together, these reports constitute the annual report. 

  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide will assist officials in Commonwealth entities (non-corporate Commonwealth entities and corporate Commonwealth entities) responsible for reporting executive remuneration information in annual reports.

    Key points

    To provide transparency and accountability, Commonwealth entities and companies are required to disclose executive remuneration arrangements in annual reports. Commonwealth entities and companies are also required to report this information on the Transparency Portal.

    The Transparency Portal is the central website for publicly available corporate information for all Commonwealth bodies. It provides easy access to information for the Parliament and the Australian public, into how public money is spent on remunerating public officials. A link to the Transparency Portal can be found in the right-hand menu.

    This guide outlines:

    • the requirements and provides guidance for reporting remuneration details for:
      • key management personnel (KMP)
      • senior executives
      • other highly paid staff (OHPS).
    •  the requirements for reporting the policies and practices of the entity regarding the remuneration of the above.
    •  the employment arrangements to include in the disclosure tables.
    •  the process for a Commonwealth entity seeking an exemption from one or more remuneration reporting requirement.
  • Topic
    PGPA Act, Commonwealth performance framework
    Audience

    This guide will assist officials in Commonwealth companies responsible for reporting executive remuneration information in annual reports.

    Key points

    To provide transparency and accountability, Commonwealth entities and companies are required to disclose executive remuneration arrangements in annual reports. Commonwealth entities and companies are also required to report this information on the Transparency Portal. 

    The Transparency Portal is the central website for publicly available corporate information for all Commonwealth bodies. It provides easy access to information for the Parliament and the Australian public, into how public money is spent on remunerating public officials. A link to the Transparency Portal can be found in the right hand menu.


    This guide outlines:

    • the requirements and provides guidance for reporting remuneration details for key management personnel (KMP)
    • the requirements for reporting the policies and practices of Commonwealth companies
    • the employment arrangements to include in the disclosure tables
    • the process for a Commonwealth company seeking an exemption from one or more remuneration reporting requirement. 
  • Topic
    PGPA Act
    Audience
    Key points
  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience

    RMG-201 offers practical advice to Commonwealth entities, including accountable authorities and officials within these entities, to help them meet the requirements of:

    • Section 10 of the Public Governance, Performance and Accountability Rule 2014 (the Fraud and Corruption Rule) sets out the key requirements of fraud and corruption control, and 
    • the Commonwealth Fraud and Corruption Policy (the Policy) — a government policy binding non-corporate Commonwealth entities (NCEs), setting out requirements for specific areas of fraud and corruption control.

    The Commonwealth Fraud and Corruption Control Framework is composed of three tiers: 

    • the Fraud and Corruption Rule (Section 10 of the PGPA Rule)
    • the Commonwealth Fraud and Corruption Policy, and 
    • RMG-201 Preventing, detecting and dealing with fraud and corruption.
    Key points

     

    • RMG-201 is issued by the Attorney-General's Department and provides practical advice to Commonwealth entities on how to implement the Fraud and Corruption Rule and Policy.
    • Entities are strongly encouraged to consider RMG-201 when determining how to manage their fraud and corruption risks in a way that is proportionate and best suits the individual circumstances of their entity. 
    • Entities should read RMG-201 in conjunction with other relevant Commonwealth polices and guides, located in the right-hand menu including the Commonwealth Risk Management Policy.
    • Additional guidance is available at www.counterfraud.gov.au.

     

    Key information to assist you in preventing, detecting and dealing with fraud and corruption
     

  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience

    These guides are relevant to non-corporate Commonwealth entities (NCEs) and corporate Commonwealth entities (CCEs)

    It may also assist audit committees in understanding their role and responsibilities. 

    Key points
  • Topic
    PGPA Act
    Audience

    This guide is relevant to officials of non-corporate Commonwealth entities and corporate Commonwealth entities (collectively, Commonwealth entities), including their accountable authorities.

    Key points

    The Commonwealth Resource Management Framework governs the use and management of public resources. It contains legislation, legislative instruments and policy including:

    • the Constitution and appropriation acts that provide the authority for Commonwealth entities to collect and spend relevant money
    • the Public Governance, Performance and Accountability Act 2013 (PGPA Act) that establishes general duties and obligations for all officials in relation to the use and management of public resources.
    The PGPA Act is the cornerstone of the Commonwealth Resource Management Framework and covers three key areas that provide a strong foundation for a modern, streamlined and adaptable Commonwealth public sector:

    evaluation methods

    Generally, officials are people who are employees of, or are otherwise in, or form part of, a Commonwealth entity. Employees and members of the governing boards of Commonwealth companies are not officials for the purposes of the Public Governance, Performance and Accountability Act 2013  (PGPA Act).

    Each Commonwealth entity has officials. An official is an individual who is in, or forms part of, the entity (section 13(2) of the PGPA Act). These individuals can be officers, employees or members of the entity, or a person or member of a class of persons prescribed by the rules made under the PGPA Act to be an official.

    Section 9 of the PGPA Rule helps to clarify which individuals are considered officials depending on whether the entity is a:

    'non-listed entity'
    'listed entity'
    departments of state, parliamentary departments and all corporate Commonwealth entitiesall non-corporate Commonwealth entities (other than the departments of state and parliamentary departments) that are prescribed by an Act or the PGPA Rule to be a listed entity
    An official of a non-listed entity is a person who is in, or forms part of, the entity, including:

    evaluation methods

    A person does not have to be employed on an ongoing basis to be an official. An employee engaged for a specified term or for the duration of a specified task, or for duties that are irregular or intermittent will be an official.

    An official of a listed entity is a person who is prescribed by an Act or the PGPA Rule to be an official. Contracted individuals are not officials of a listed entity unless they are specifically prescribed to be officials of the entity in Schedule 1 to the PGPA Rule, the entity's enabling legislation, or section 9(1) of the PGPA Rule. For further information on prescribing people as officials, see RMG-212 Prescribing officials from non-corporate Commonwealth entities. This guide is available under Tools and templates.

    The following people are not officials:

    evaluation methods

    Who is an accountable authority?

    An individual who is, or is a member of, the accountable authority of the entity (for example, department secretaries, chief executives or members of a governing board) is also an official.

    Accountable authorities are required to adhere to the general duties of officials set out in sections 25 to 29 of the PGPA Act, in addition to the duties that apply specifically to accountable authorities set out in sections 16 to 19. For more on the additional duties for accountable authorities, see RMG-200 Duties of accountable authorities. This guide is available under Tools and templates.

    How does the PGPA Act apply to me?

    The PGPA Act applies to all officials of Commonwealth entities. It establishes rules not only for financial management but also for the broader governance, performance and accountability for the Commonwealth public sector.

    Officials are required to exercise their powers and perform their functions under the PGPA Act and Rule in accordance with certain standards of behaviour.

    The PGPA Act (sections 25 to 29) imposes a set of general duties for officials of Commonwealth entities:

    General duties of officials

    To meet these duties, officials need to consider and, where relevant, comply with:

    • finance law, which includes the PGPA Act and Rule and instruments made under the PGPA Act, as well as appropriation acts, and
    • the systems of risk management and internal control in their entity established by their accountable authority, including any delegations or authorisations, as well as other internal controls such as, Fraud control and work health and safety plans.

    The duties in the PGPA Act are consistent with duties in the Australian Public Service (APS) Code of Conduct. For APS employees, following the APS Code of Conduct will ordinarily meet the requirements of the PGPA Act duties.

    These general duties in the PGPA Act do not limit duties contained in other Commonwealth laws or any principles or rules of common law or equity (section 31 of the PGPA Act).

    Your accountable authority is required to establish internal controls to ensure that you comply with the finance law. The systems of internal control for your entity can include:

    duties

     

    A common way your entity's internal controls will apply is when you purchase goods or services on behalf of your entity.

    The duties in the PGPA Act are in addition to any other legal duties that an official may have under their employment framework or through an employment contract:

    For example,

    • The duties in the PGPA Act are consistent with duties in APS Code of Conduct. For APS employees, adherence with the APS Code of Conduct will ordinarily meet the requirements of the duties under the PGPA Act (for a comparison of duties under the PGPA Act and Public Service Act 1999 (PS Act), see Appendix A available in the right hand menu under Tools and template).
    • Officials who do not discharge their general duties can be subject to employment sanctions, including termination of employment (for staff) or termination of appointment (for board members or office holders).
    • Australian Public Service employees employed under the PS Act are also subject to the APS Code of Conduct (section 13 of the PS Act).
    • Parliamentary staff employed under the Parliamentary Service Act 1999 are also subject to the Parliamentary Service Code of Conduct (section 13 of the Parliamentary Service Act 1999).
    • Defence personnel or AFP officers have duties, values or professional standards of employment set out in the Defence Force Discipline Act 1982 and the Australian Federal Police Act 1979 (some of these duties may displace duties in the PGPA Act).

    General duties for officials of Commonwealth entities

  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience
    Key points
  • Topic
    Comcover, Risk, PGPA Act, Managing risk and internal accountability
    Audience
    Key points
  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience

    This guide is for officials in non-corporate Commonwealth entities (NCEs) who have to advise their accountable authority on consultants and independent contractors (or employees of) prescribed as officials of an NCE under subsection 9(1) item 1A of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).

    Key points

    Ordinarily a consultant or independent contractor is not considered an official of a Commonwealth entity for Public Governance, Performance and Accountability Act 2013 (PGPA Act) purposes (see section 13 of the PGPA Act note, however, there can be exceptions in respect of entities listed in section 9 PGPA Rule and with particular listed entities). However, item 1A of the table in subsection 9(1) of the PGPA Rule prescribes a consultant or independent contractor (or employee of) [collectively described in this document as a ‘contractor’] as an official of an NCE if the requirements listed in item 1A are met. If the requirements in item 1A are met a contractor is an official of an NCE and can be delegated powers under the PGPA Act, a Rule made under it, or the Financial Framework (Supplementary Powers) Act 1997 (FF(SP) Act).

    As a ‘prescribed official’ under the PGPA Rule the person:

    • is subject to the general duties of officials under the PGPA Act while they provide relevant services to the Commonwealth;
    • is subject to the systems of internal control in the entity, including any accountable authority instructions; and
    • requires a delegation of powers, duties or functions in the PGPA Act, a Rule made under it or the FF(SP) Act that they are required to exercise (with accompanying instructions if required).
  • Topic
    PGPA Act, Managing relevant property
    Audience

    This RMG has been digitally enhanced, there are no policy or legislative changes.

    This guide applies to officials in non-corporate Commonwealth entities, Chief Financial Officers and finance teams and officials who have the power to approve gifts of relevant property delegated to them.

    Key points

    This guide:

    Dot points
     
    provides advice on how relevant property should be disposed of




    provides guidance on when it may be appropriate to gift relevant property




    outlines the procedures that must be followed before relevant property can be gifted.
  • Topic
    PGPA Act, Managing risk and internal accountability
    Audience

    This guide is relevant to officials in non-corporate Commonwealth entities and corporate Commonwealth entities who have compliance responsibilities under the finance law relating to the governance, performance and resource management of their entity.

    This guide is not relevant to Commonwealth companies, as Commonwealth companies are not Commonwealth entities for the purposes of the PGPA Act.

    Key points

    The purpose of this guide is to provide information to Commonwealth entities on how to report significant non-compliance with the finance law under section 19 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    The PGPA Act requires, among other things, that accountable authorities of Commonwealth entities notify their responsible Minister, as soon as practicable, of any significant issue that has affected the entity or any of its subsidiaries (section 19). A significant issue, under section 19 of the PGPA Act, includes significant non-compliance with the finance law.

    The Finance Minister requires that accountable authorities also notify the Finance Minister of instances of significant non-compliance with the finance law reported to their responsible Minister.

    This guide assists entities in reporting significant non-compliance by providing guidance on:



    what constitutes significant non-compliance with finance law




    the need for accountable authorities to notify their responsible Minister, and the Finance Minister as soon as practicable, of any significant non-compliance with the finance law




    the associated annual reporting requirements.
     


    To support accountable authorities in reporting significant non-compliance with the finance law, this guidance:

    • clarifies that significant non-compliance involving breaches of the general duties of officials (sections 25 to 29 of the PGPA Act) should only be reported where there is a connection to the management of public resources (defined in section 8 of the PGPA Act) 
    • clarifies what constitutes ‘significant’ non-compliance with the finance law. It includes a decision-making flow chart, and illustrative case studies
    • provides further guidance on the process for reporting significant non-compliance, including a model letter to the Finance Minister (found under What should be reported?)
    • includes requirements and suggestions for reporting significant non-compliance with the finance law in entities’ annual reports.
  • Topic
    PGPA Act, Managing relevant money
    Audience

    This guide is relevant to officials of: 

    Audience Icons
     
    Non-corporate Commonwealth entities who are delegated investment power from the Finance Minister.
     
     

    Corporate Commonwealth entities who are authorised to invest relevant money.

     

    Key points

    This guide provides information in relation to investments under sections 58 and 59 of the PGPA Act, including the delegations and authorisations issued by the Finance Minister under those sections and the reporting and managing of investments.

    For guidance on key considerations for Commonwealth entities in developing, executing, and managing investment proposals refer to RMG - 308 Commonwealth Investment Framework.

  • Topic
    PGPA Act, Managing relevant property
    Audience

    All non-corporate Commonwealth entities are required to apply both the principles and requirements of the Charging Framework. All corporate Commonwealth entities are encouraged to apply the principles of the Charging Framework to charging activities. Entities subject to the currenGovernment Policy Order, must apply the principles and the requirements of the Charging Framework to regulatory activities.
     

    The Australian Government Charging Framework does not apply to Commonwealth Companies.
    Key points
    • The Charging Framework promotes consistent, transparent and accountable charging for government activities, by encouraging a common approach to planning, implementing and maintaining government charging. The application of the Charging Framework leads to improved charging and the proper use of public resources.
    • The Charging Framework consists of the Australian Government Charging Policy and the Cost Recovery Policy which incorporates overseeing charging of regulatory and non-regulatory government activities.
    • The Charging Framework explains the requirements, principles and considerations for charging activities provided by the Government to the non-government sector.
    • Entities must consider charging as a funding option for an activity in scope of the Charging Framework. This approach is reflected in the Budget Process Operational Rules and is driven by the Australian Government's Charging Policy Statement.
  • Topic
    PGPA Act, Managing relevant money, Managing relevant property
    Audience

    This RMG has been digitally enhanced, there are no policy or legislative changes.

    This guide applies to officials of non-corporate Commonwealth entities (NCEs) who:

    two circles representing people

     

    have been delegated the power to enter into, vary or administer arrangements in relation to other Consolidated Revenue Fund (CRF) money
     

     
    need to brief their accountable authority about issues relating to other CRF money.
    Key points

    This guide will support you in understanding:

    • what other CRF money is
    • what other CRF arrangements need to include
    • when it is appropriate to establish other CRF money arrangements
    • the legal authority to enter into other CRF money arrangements.
  • Topic
    PGPA Act
    Audience

    This guide is for officials with responsibility for managing receipts in:

    • non-corporate Commonwealth entities (NCEs)
    • corporate Commonwealth entities (CCEs), Commonwealth companies and private sector  entities/persons that manage receipts for and on behalf of an NCE (ie as an agent of an NCE).
    Key points

    This guide:

    • explains the legislation and rules that authorise NCEs to retain receipts by increasing certain existing appropriations
    • provides guidance and examples on the kinds of receipts that may be retained
    • explains how retained receipts collected by NCEs (or their agents) are managed.

    This guide replaces Retainable receipts (RMG 307), released December 2017.

  • Topic
    Commercial Investment
    Audience
    Key points
  • Topic
    PGPA Act, Using relevant money
    Audience

    The following guide is relevant to officials of non-corporate Commonwealth entities (NCEs) and corporate Commonwealth entities (CCEs) who:

    • have been delegated the power or authorised by their accountable authority to approve commitments of relevant money or enter into, vary and administer arrangements on behalf of the Commonwealth or a Commonwealth entity, and
    • are responsible for providing advice on the use of these powers to other officials or ministers.

    This guide replaces RMG 400: Approving commitments of relevant money (July 2014).

    Key points

    Non-corporate Commonwealth entities (NCEs)

    A. Committing relevant money

    1. The Commonwealth commits and spends relevant money to achieve the purposes and objectives of the Australian Government.
    2. Relevant money is money standing to the credit of any bank account of the Commonwealth (or CCE), or money that is held by the Commonwealth (or CCE).
    3. A commitment of relevant money is an activity that creates an obligation to pay relevant money. A common way to commit relevant money is by entering into an arrangement. This includes an obligation that is contingent upon certain events occurring (for example, indemnities, guarantees and warranties).

    What is an arrangement?

    1. An arrangement includes a contract, agreement, deed or understanding. An arrangement also includes any other instrument between parties that creates rights and obligations.
    2. An accountable authority of a NCE can enter into, vary and administer particular arrangements where authorised by legislation, including under section 23 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and section 32B of the Financial Framework (Supplementary Powers) Act 1997 (FF(SP) Act).
    3. The need to enter into an arrangement can arise in a variety of circumstances, for example where an entity is:
      • procuring goods or services to support its operations (such as, stationery, furnishings, information technology (ICT), consultants, electricity and other utilities, rent, travel, vehicles, subscriptions, contracts, attending conferences, legal, research and other professional services) for itself, or
      • cooperating with third parties, to achieve purposes of the entity.
    4. The purpose or outcome being sought by an entity will influence the type of arrangement that it enters into and the legislation, rules and policies that will apply (in addition to the PGPA Act), for example:

    B. Legislative authority to enter into arrangements involving the commitment of relevant money

    1. The accountable authority of a NCE must generally have legislative authority to enter into arrangements involving the commitment of relevant money. For NCEs, this legislative authority can come from:
      • for arrangements relating to the ordinary activities of government, section 23 of the PGPA Act
      • for arrangements covered by another legislative scheme, that specific legislation
      • for arrangements not authorised by either of the above and made for the purposes of an arrangement, grant or program listed in the Financial Framework (Supplementary Powers) Regulations 1997, section 32B of the FF(SP) Act (e.g. this legislation supports the entry of arrangements for the purposes of many grants programs).
    2. For more on the different ways officials can commit relevant money, see RMG 411: Grants, procurements and other financial arrangements (July 2014).

    Delegating the power to enter into an arrangement

    When to use section 23 of the PGPA Act?

    1. Section 23 of the PGPA Act provides authority for the Commonwealth to commit relevant money by entering into and varying arrangements for the ordinary activities of government. The PGPA Act provides an accountable authority with the power to:
      • enter into, vary and administer arrangements relating to the affairs of their entity (subsection 23(1)) and
      • approve commitments of relevant money for which the accountable authority is responsible (subsection 23(3)).
    2. The ordinary activities of government can include:
      • procuring goods or services for the purposes of running an entity (e.g. paying for stationery, furnishings, information technology, electricity and other utilities, rent, travel, vehicles, subscriptions or attending conferences)
      • paying contractors (e.g. engaging a consultant to conduct research for the entity)
      • paying for legal, accounting and other professional services.
    3. Typically, the ordinary activities of government are funded out of an entity’s annual departmental appropriation.

    Is a separate approval to commit relevant money required before you can enter into an arrangement under section 23 of the PGPA Act?

    1. The PGPA Act does not require a separate approval to commit relevant money to be given (under subsection 23(3)) as a precondition to an arrangement being entered into under subsection 23(1).
    2. Under the framework a delegate may enter into the arrangement under subsection 23(1) without seeking any prior approval. In these circumstances:
      • the delegate will, as an implicit part of entering into the arrangement, approve any commitment of relevant money resulting from the entry of the arrangement
      • the delegate will need to record their approval in writing as soon as practicable, in accordance with section 18 of the PGPA Rule.
    3. A written record is required because section 18 of the PGPA Rule requires approval for a commitment of relevant money to be recorded (in writing) in all cases, and not just when separate approval is required under subsection 23(3) of the PGPA Act.
    4. In managing their entity, an accountable authority can decide to implement a two step process by prescribing this requirement in the entity’s internal controls (e.g. in accountable authority instructions or in the delegation instrument itself).  In doing so, they may clarify when an approval for a commitment of relevant money will be required (under subsection 23(3)) separately to an arrangement being entered into under subsection 23(1). An accountable authority may decide that a two-step process is appropriate in certain circumstances. For example, they may decide that for an arrangement involving expenditure over a particular dollar limit:
      • an official who has been delegated power under subsection 23(3) must approve a commitment of relevant money (step 1)
      • once the relevant approval has been granted, an official who has been delegated power under subsection 23(1) can enter into the arrangement (step 2).
    5. Under this scenario, the official approving the commitment under step 1 would need to record their approval in writing as soon as practicable after giving it (section 18 of the PGPA Rule).

    When is an overarching approval to commit relevant money appropriate?

    1. Accountable authority delegations or instructions can permit an official to provide an ‘overarching approval’ for a group or class of purchases in particular circumstances. In deciding whether an overarching approval should be issued, the accountable authority and delegate will need to consider:
      • the nature of the arrangements, the extent of the entity’s internal controls, the environment the entity operates in and the risk appetite of the delegate and the entity, for example:
        • an overarching approval may be appropriate where the need for the goods or services is routine
        • the volume and price is known and the supplier is known, such as in the case of stationery supplies
      • imposing limitations on an overarching approval, for example:
        • a time limit to help ensure that conditions at the time the approval was granted are still in place when purchases are made
        • a dollar limit, e.g. purchases over a certain amount will not be covered by the approval and will require additional approval.
    2. Additional risks will exist for commitments that are non-routine. Directions issued by an accountable authority can indicate the circumstance when an overarching approval is permitted to be granted.

    Case study 1

    The CFO of Small Entity wishes to provide an overarching approval for the commitment of relevant money for stationery for the financial year. Based on expenses for previous financial years, the CFO can reasonably estimate the annual expense for stationery ($100,000). Small Entity utilises a panel of stationery providers established by its portfolio department. The terms and conditions under the panel arrangement were separately approved (i.e. assessed as being a proper use of relevant money) when the panel was set up.

    The CFO of Small Entity provides her approval for stationery purchases from the panel up to a total of $100,000 for the financial year and records this approval in writing. Once this limit has been reached for the year, a new approval is needed from the CFO. Controls are in place to monitor stationery expenses and instructions issued to entity officials on the process for ordering stationery and the type of stationery that can be purchased.

    Case Study 2

    The Business Unit Manager of a Large Entity wants to provide an overarching approval for the commitment of relevant money for all future travel within her unit for the financial year. The expenditure for previous financial years has varied considerably, and a reasonable estimate for travel within the unit cannot be accurately determined. There are a number of factors that influence the need and cost of each individual travel proposal. These include:

    • if the travel is needed in the particular situation or if alternatives can be used, i.e. video conferencing
    • if the type and class of travel is appropriate for the situation
    • if the additional costs associated with travel are appropriate, such as accommodation, meals and incidentals, or
    • if the timing of travel qualified for best fare of the day, or was in line with other government policies.

    Based on the circumstances, the Business Unit Manager decides that travel would more appropriately be considered and approved by a delegate on a case-by-case basis.
     

    Can a minister approve proposed expenditure?

    1. The PGPA Act recognises that a minister can approve a proposed expenditure of relevant money, providing they meet the requirements in section 71, namely, that the minister:
      • does not approve a proposed expenditure of relevant money unless they are satisfied, after making reasonable inquiries, that it constitutes a proper use of the money
      • record the terms of the approval in writing.
    2. If the proposed expenditure relates to a grant, then there are additional requirements in the Commonwealth Grants Rules and Principles that ministers must comply with.
    What are reasonable inquiries?
    1. Subsection 71(1) requires a minister to make reasonable inquiries about whether proposed expenditure would be a proper use of relevant money. The nature of the inquiries that the Minister will need to make in a particular case will depend on the nature, significance and value of the proposed expenditure as well as any associated risks.
    2. To be satisfied that a proposed expenditure would constitute a proper use of relevant money, the minister can take into account advice from the relevant Commonwealth entity. The entity is encouraged to take appropriate steps to advise their minister of the legal requirements of the PGPA Act and any other relevant information (such as, risks or impediments to achieving outcomes, or evidence to justify a recommendation) that may assist the minister to form a view about whether the proposed expenditure would involve a proper use of relevant money.
    What should a record of the approval of a minister include?
    1. A record of the approval is required to ensure that there is an appropriate record for accountability purposes (subsection 71(2)). The record should include relevant factual information such as the parties involved and the costs of a proposed expenditure.

    When to use the Financial Framework (Supplementary Powers) Act 1997?

    1. Section 32B of the FF(SP) Act can provide legislative authority for the Commonwealth to enter into, vary or administer an arrangement that is not authorised by section 23 of the PGPA Act or any other Commonwealth legislation.  To rely on this power, the proposed arrangement must be made for the purposes of an arrangement, grant or program listed in Schedule 1AA or 1AB of the Financial Framework (Supplementary Powers) Regulations 1997. For example, section 32B (together with the regulations) provides legislative authority for various:
      • open competitive grants rounds
      • targeted and one-off grants
      • entitlements programs that are not supported by their own legislation
      • sponsorships, subsidies and rebates
      • gifts of relevant money.

    What other legislation authorises Commonwealth expenditure?

    1. Other legislation can provide authority for the Commonwealth to spend money and/or enter arrangements.  For example, legislation can authorise:
    2. For more on these other ways to commit relevant money, see RMG 411: Grants, Procurements and Other Financial Arrangements

    C. Delegating the power to enter into an arrangement

    1.    An accountable authority can delegate the power in section 23 of the PGPA Act or section 32B of the FF(SP) Act to enter into an arrangement to:
      • officials in their entity or
      • officials of another NCE who will use or manage public resources that the accountable authority is responsible for.
    2. In delegating the power to enter into arrangements, an accountable authority must have regard to their duties in the PGPA Act, in particular:
      • their general duties in sections 25, 26, 27, 28 and 29
      • the duty to promote the proper use of the money, i.e. the efficient, effective, economical and ethical use of the money (sections 15, 16 and 18)
      • the duty to encourage cooperation to achieve common objectives, where practicable (section 17).
    3. An accountable authority can meet these duties by giving directions or instructions to officials about the commitment of relevant money, as part of the entity’s systems of risk management and internal control. For example, an accountable authority could give officials:
      • directions about the exercise of the delegated power
      • instructions about what is expected from officials to demonstrate the proper use of relevant money, such as when officials are required to obtain a separate approval to commit relevant money before entering an arrangement
      • instructions to encourage officials to consider, where practicable:
      • entering into a contract where the services can be accessed by other entities (such as the Department of Finance currently does in relation to the leasing of vehicles)
      • cooperatively sharing an arrangement that allows the inclusion of other entities
      • dealing with contracts and payments on behalf of other entities (in these cases, arrangements might also be established to reimburse the entity bearing the initial costs of such contracts).

    Who should an accountable authority delegate power to?

    1. The scope of an accountable authority’s delegation to approve a commitment of relevant money and/or enter into an arrangement will depend on the entity’s size, structure, risk appetite and operations. There is no ‘one‑size‑fits‑all’ approach for delegating relevant powers. For example:
      • in a very small entity, the accountable authority could determine that they will personally approve all commitments of relevant money, or will delegate this power to only one person (such as the CFO)
      • by contrast, in a large entity the powers may need to be delegated to a range of officials at an appropriate level to facilitate an efficient system of decision-making and administration within the entity and
      • in situations where NCEs cooperate to achieve a common objective, officials of another entity may be delegated the power to use public resources to achieve the desired outcome on behalf of government

    D. Exercising the power to enter into arrangements

    1. Accountable authorities and delegates exercising the power to commit relevant money by entering into an arrangement must meet their general duties under sections 25 to 29 of the PGPA Act. In particular, these officials must exercise the power to commit relevant money with the degree of care and diligence that a reasonable person would exercise in the same position (section 25 of the PGPA Act) and act honestly, in good faith and for a proper purpose (section 26 of the PGPA Act). This will include being suitably informed of and, where necessary, complying with:
      • their entity’s purposes and program objectives, and how the intended commitment of relevant money will support those purposes and objectives
      • the environment their entity operates in and the risk appetite of their entity
      • any relevant limitations, directions and instructions in their accountable authority’s delegation of the power or in accountable authority instructions
      • any other relevant statutory obligations (e.g. the requirement to keep a written record of any approval to commit relevant money in section 18 of the PGPA Rule, or requirements in the Commonwealth Procurement Rules or Commonwealth Grants Rules and Principles).
    2. Because NCEs are part of the Commonwealth, a delegate who enters into an arrangement for an NCE does so on behalf of the Commonwealth.

    What about an arrangement that involves an indemnity, guarantee or warranty?

    1. Some arrangements will not require money to be spent immediately, or at all, but will create an obligation that is contingent on particular events occurring (e.g. an indemnity, guarantee or warranty). An official considering an arrangement containing a contingent liability will need to take into account the same considerations as they do in relation to any other arrangement. However, additional considerations also arise because a contingent liability may impact and constrain the ability to allocate future resources of the entity and the Commonwealth more broadly.
    2. Section 60 of the PGPA Act gives the Finance Minister the power to grant indemnities, guarantees and warranties on behalf of the Commonwealth. The Finance Minister has delegated this power to accountable authorities in certain circumstances. That delegation is subject to particular directions (e.g. a delegate may generally only grant an indemnity, guarantee or warranty involving a contingent liability in relation to an event if the delegate is satisfied that the likelihood of the event occurring is less than 5% and the potential expenditure is likely to be less than $30 million). In order for an official to enter into an arrangement containing an indemnity, guarantee or warranty, they must have been sub‑delegated power in section 60 of the PGPA Act and must comply with any relevant directions. For further information, see RMG 414: Indemnities, guarantees and warranties.

    Who needs to be delegated power to administer an arrangement?

    1. Subsection 23(1) of the PGPA Act and subsection 32B(1) of the FF(SP) Act also confer power on an accountable authority or their delegate to administer an arrangement.  An official who makes decisions in relation to an arrangement will be ‘administering’ the arrangement. For example, a contract manager who decides that a contractor has reached a milestone and can receive their next payment will be ‘administering’ the contract. To make this decision, the contract manager must be delegated the power in subsection 23(1) of the PGPA Act or subsection 32B(1) of the FF(SP) Act.
    2. By contrast, a person who is performing processing tasks in relation to an arrangement, without making any decisions about the arrangement, is not administering the arrangement and will not need to be delegated power under subsection 23(1) of the PGPA Act or subsection 32B(1) of the FF(SP) Act.

     E. Recording an approval to commit relevant money 

    1.   An official can provide verbal approval for a commitment of relevant money. However, an official must (either when entering into an arrangement or, if required, as a separate step) make a written record of the approval as soon as practicable after giving it (section 18 of the PGPA Rule).
    2.   If applicable, officials will also need to have regard to requirements for documenting approvals under the:
    3. The accountable authority’s instructions may set out what type of record of an approval to commit relevant money is appropriate in the circumstances. In considering what form of record will be sufficient, consider:
      • whether the record is proportionate to the significance, value, level of risk and sensitivities associated with the commitment, e.g. when hiring a taxi to attend a meeting, the cab charge voucher and a receipt from the taxi driver could themselves be sufficient to record the approval and
      • who will rely on the record.

    What is an appropriate record of an approval to commit relevant money?

    1. The written record of an approval can:
      • be paper or electronic (e.g. an email or within an information system where a delegate ‘presses a button’), provided it creates a record which can be retrieved (section 12 of the Electronic Transactions Act 1999)
      • be a signed minute, a signed purchase order or purchase order request
      • include the terms and/or basis of particular approvals
      • include other relevant information, such as the parties involved and the costs of the proposed commitment.
    2. For example, records of high-risk commitments could include, where appropriate:
      • the key elements of the proposed commitment, such as the item, cost, parties, timeframes and any risks associated with the proposal
      • any conditions on the approval, such as timing, or additional approvals and
      • contingent liabilities, such as indemnities.

    Corporate Commonwealth entities (CCEs)

    A. Committing of relevant money

    1. Commonwealth entities commit and spend relevant money to achieve the purposes and objectives of their entity and the Australian Government.
    2. Relevant money is money standing to the credit of any bank account of a CCE (or the Commonwealth), or money that is held by a CCE (or the Commonwealth).
    3. A commitment of relevant money is an activity that creates an obligation to pay relevant money. A common way to commit relevant money is by entering into an arrangement. This includes an obligation that is contingent upon certain events occurring (for example, indemnities, guarantees and warranties.

    What is an arrangement?

    1. An arrangement includes a contract, agreement, deed or understanding. An arrangement covers any other instruments between parties that create rights and obligations.
    2. The need to enter into an arrangement can arise in a variety of circumstances, for example where an entity:
      • procuring goods or services to support its operations (such as, stationery, furnishings, information technology (ICT), consultants, electricity and other utilities, rent, travel, vehicles, subscriptions, contracts, attending conferences, legal, research and other professional services) for itself, or
      • is cooperating with third parties, to achieve purposes of the entity.
    3. The purpose or outcome being sought will influence the type of arrangement. For example, the two most common types of arrangements are:
      • procurement of goods or services to support entity operations (such as, stationery, furnishings, information technology (ICT), consultants, electricity and other utilities, rent, travel, vehicles, subscriptions, contracts, attending conferences, legal, research and other professional services)
      • providing grants to others to achieve the purposes of the entity.   Legislative authority to enter into arrangements involving the commitment of relevant money

    B. Legislative authority to enter into arrangements involving the commitment of relevant money

    1. CCEs are legally separate from the Commonwealth and generally derive power to enter into arrangements involving the commitment of relevant money from their enabling legislation and from their body corporate nature.
    2. An accountable authority of a CCE may be able to delegate, or authorise officials to exercise, the power to enter into arrangements under the CCE’s enabling legislation. In deciding whether to devolve relevant powers, an accountable authority must have regard to their duties in the PGPA Act, in particular:
      • the general duties in sections 25, 26, 27, 28 and 29
      • the duty to promote the proper use of the money, i.e. the efficient, effective, economical and ethical use of the money (sections 15, 16 and 18)
      • the duty to encourage cooperation to achieve common objectives, where practicable (section 17).
    3. An accountable authority can meet these duties by giving directions or instructions to officials about the commitment of relevant money, as part of their entity’s systems of risk management and internal control. For example, an accountable authority could give officials:
      • instructions on what is expected from officials to demonstrate the proper use of relevant money
      • instructions to encourage officials to consider, where practicable:
      • entering into a contract where the services can be accessed by other entities
      • cooperatively sharing an arrangement that allows the inclusion of other entities
      • dealing with contracts and payments on behalf of other entities (in these cases, arrangements might also be established to reimburse the entity bearing the initial costs of such contracts).

    C. Exercising the power to enter into arrangement

    1. Officials who are able to enter into arrangements on behalf of a CCE must exercise the power in accordance with their general duties under sections 25 to 29 of the PGPA Act. In particular, they must exercise the power with the degree of care and diligence that a reasonable person would exercise in the same position (section 25 of the PGPA Act) and act honestly, in good faith and for a proper purpose (section 26 of the PGPA Act).  This will include being suitably informed of and, where necessary, complying with:
      • their entity’s purposes and program objectives
      • the environment their entity operates in and the risk appetite of their entity
      • any relevant instructions from their accountable authority
      • any other relevant legislative requirements (e.g. the requirement to keep a written record of an approval to commit relevant money in accordance with section 18 of the PGPA Rule or, where required, the Commonwealth Procurement Rules).

    D. Recording an approval to commit relevant money 

    1. An official can provide verbal approval for a commitment of relevant money. However, an official must make a written record of the approval as soon as practicable after giving it (section 18 of the PGPA Rule).
    2. If applicable, officials will also need to have regard to requirements for documenting approvals under Commonwealth Procurement Rules (CPRs), e.g. recording the procurement requirements and process, how value for money was considered and achieved and approvals and decisions made.  The CPRs apply to CCEs listed in section 30 of the PGPA Rule.
    3. The accountable authority’s instructions may set out what type of record of an approval to commit relevant money is appropriate in the circumstances.  In considering what form of record will be sufficient, consider:
      • whether the record is proportionate to the significance, value, level of risk and sensitivities associated with the commitment, e.g. when hiring a taxi to attend a meeting, the cab charge voucher and a receipt from the taxi driver could themselves be sufficient to record the approval and
      • who will rely on the record.

    What is an appropriate record of an approval to commit relevant money?

    1. The written record of an approval can:
      • be paper or electronic (an email or within an information system where a delegate ‘presses a button’), provided it creates a record which can be retrieved (section 12 of the Electronic Transactions Act 1999)
      • be a signed minute, a signed purchase order or purchase order request
      • include the terms and/or basis of particular approvals
      • include other relevant information, such as the parties involved and the costs of the proposed commitment.
    2. For example, records of high-risk commitments could include, where appropriate:
      • the key elements of the proposed commitment, such as the item, cost, parties, timeframes and any risks associated with the proposal
      • any conditions on the approval, such as timing, or additional approvals and
      • contingent liabilities, such as indemnities.
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to staff in non-corporate Commonwealth entities (NCEs) who deal with requests to the Finance Minister to approve discretionary financial assistance under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

    Key points

    This guide:

    • describes the types of discretionary financial assistance that can be authorised by the Finance Minister under the PGPA Act, including act of grace payments, waivers of debt and set-off
    • replaces all previous versions.
  • Topic
    PGPA Act
    Audience

    This guide is relevant to:

    rmg_402_audience_picture_v4.png

    officials in all non-corporate Commonwealth entities who are required to make a payment of an amount owed by the Commonwealth to a person at the time of their death.

    Key points

    The Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) provides a discretionary power for the Finance Minister to authorise the payment of an amount if, at the time of a person’s death, the Commonwealth owed that amount to the person.

    The Finance Minister has delegated this power to accountable authorities of non-corporate Commonwealth entities through the Finance Minister to Accountable Authorities of Non-Corporate Commonwealth Entities Delegation 2022. The delegation can be found on the PGPA legislation, associated policies and other instruments page.

    The PGPA Rule (section 25) is concerned with the discharge of a debt, owed to a person at the time of their death on the part of the Commonwealth. It is likely to be used mainly in circumstances involving the death of an employee with accrued salary and entitlements potentially payable to a spouse or family member. This power is for limited circumstances where there is no other way to make the payment to an appropriate person, such as a spouse or family member.
     
    The Finance Minister or delegate:
    • can decide who receives an amount payable by the Commonwealth to the deceased (for example the deceased person’s spouse or family member
    • can make the payment before probate or letters of administration are produced (which can be a lengthy and complex process)
    • must take into consideration the people who are entitled to the payment under succession law (section 25(3) of the PGPA Rule). The Finance Minister or delegate is not bound to act in accordance with that law.
    In practice, section 25 is expected to be used in limited circumstances, since many statutory payment schemes (such as superannuation Acts) include arrangements for payments owed to a deceased person. The PGPA Rule is meant for circumstances when a payment is owed to a deceased person and there is no other provision to make this payment to an appropriate recipient, such as a spouse or family member. 
    This rule was made under section 103(f) of the PGPA Act. Payments must be made from existing appropriations as an appropriation is not made under these sections of the Act or the Rule.
     
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to:

    • officials in non-corporate Commonwealth entities (NCEs); and
    • officials in corporate Commonwealth entities (CCEs), excluding trading Public Non-Financial Corporations (PNFCs) as classified by the Australian Bureau of Statistics.
    Key points

    This guide:

    • assists NCEs and non-PNFC CCEs (entities) in satisfying their Minister’s obligation under the Senate Order for Entity Contracts (the Senate Order);
    • outlines the use of AusTender by NCEs to satisfy the Senate Order as it relates to procurement contracts; and
    • replaces Resource Management Guide 403: Meeting the Senate Order on Entity Contracts dated November 2016.
  • Topic
    PGPA Act, Using relevant money, Travel Arrangements
    Audience

    This guide applies to officials of

    guide applies to officials

    Key points


    Use of the best fare of the day

     

    This guide sets out requirements for achieving value for money when selecting, booking and approving official domestic air travel.

  • Topic
    Governance, PGPA Act, Using relevant money, Travel Arrangements
    Audience

    This guide applies to officials of

    guide applies to officials

    Key points


    Use of the best fare of the day
     

    This guide sets out requirements for achieving value for money when selecting, booking and approving official international travel.

  • Topic
    PGPA Act, Procurement
    Audience

    This guide is relevant to:

    Key points

    This guide:

    • assists entities subject to the Commonwealth Procurement Rules satisfy obligations under the Senate Order for Consulting Services (the Senate Order)
    • outlines the use of AusTender by the Department of Finance to satisfy the Senate Order as it relates to procurement contracts for consultancy.
  • Topic
    PGPA Act, Using relevant money
    Audience
    Key points
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide will assist:

    • accountable authorities and officials involved in grants administration in all non-corporate Commonwealth entities (NCEs)
    • accountable authorities and officials in corporate Commonwealth entities (CCEs) where a Minister is involved in making “CCE grants” as defined by the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), or where CCEs are undertaking grants administration on behalf of the Commonwealth.

    Accountable authorities and officials (in both NCEs and CCEs) are responsible for:

    Key points

    This guide will assist you with implementing the requirements and best practice principles of the CGRPs.

    This guide:

    • provides an overview of the grants lifecycle and grants administration activities at each stage
    • outlines the obligations of officials and minsters, including briefing and reporting requirements
    • provides advice on a range of specific issues, including delivering election commitments through grants and evaluation strategies.
  • Topic
    PGPA Act, Using relevant money
    Audience

    This Resource Management Guide (RMG) is relevant to accountable authorities and officials involved in resource management in all NCEs [1]. It is also relevant to prescribed corporate Commonwealth entities (CCEs) with respect to the CPRs.

    Key points

    This guide:

    • replaces RMG 411 (dated 2014): Grants, Procurements and other Financial Arrangements;
    • reflects the resource management framework under the PGPA Act;
    • provides guidance on common forms of financial arrangements available to achieve Australian Government policy objectives. To facilitate a particular outcome, accountable authorities and officials may decide to use a specific financial arrangement or a combination of financial arrangements; and 
    • provides guidance for officials on how to determine whether to use a grant, procurement or other type of financial arrangement.
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to officials in non-corporate Commonwealth entities and corporate Commonwealth entities who:

    • are responsible for the banking of Commonwealth cash, or
    • have been delegated the power to enter into, vary or administer arrangements in relation to ‘other Consolidated Revenue Fund (CRF) money’.
    Key points

    This guide:

    • provides an overview of the legislative requirements for Commonwealth cash management, central banking and transactional banking
    • provides an overview of appropriations and cash, central cash management roles and the Central Budget Management System (CBMS)
    • explains other CRF money for the purposes of section 81 of the Commonwealth of Australia Constitution Act (the Constitution).

     

    Related resources including the PGPA Act and Rule, related guidance, glossary terms and links are located under Tools and templates in the right-hand menu. 
  • Topic
    PGPA Act
    Audience

    This guide is relevant to officials in non-corporate Commonwealth entities (NCEs) who:

    • have been sub-delegated by their accountable authority the power to grant an indemnity, guarantee or warranty on behalf of the Commonwealth
    • need to brief their accountable authority about an indemnity, guarantee or warranty or
    • request the Finance Minister grant an indemnity, guarantee or warranty.
    Key points
    • Delegated officials of NCEs can enter into arrangements that provide indemnities, guarantees and warranties (collectively referred to as indemnities) on behalf of the Commonwealth to other parties, subject to the limitations in the PGPA Act.  
      • Indemnities are legally enforceable obligations that create contingent liabilities (i.e. they may give rise to a liability on the occurrence of a future event).
    • The PGPA Act enables the Finance Minister to grant indemnities on behalf of the Commonwealth (section 60). This power has been delegated, with directions limiting its use, to accountable authorities of NCEs (Schedule 1, Part 6 of the Finance Minister’s delegations).
    • An accountable authority can sub-delegate this power, with written limitations that are consistent with the limits in the Finance Minister’s delegation, to officials of their own entity, or officials of another NCE. A sub-delegate must also comply with any other directions of the accountable authority.
    • The delegation from the Finance Minister requires that an official who is delegated the power to enter indemnities must consider two overarching principles:
      • that risks should be borne by the party best placed to manage them; and
      • benefits to the Commonwealth should outweigh the risks involved.
    • An official can only grant an indemnity, guarantee or warranty involving a contingent liability in relation to an event on behalf of the Commonwealth, if the delegate is satisfied that:
      • the likelihood of the event occurring is remote, i.e. it has a less than 5% chance of occurring; and
      • the most probable expenditure if the event occurred is not significant, i.e. it would be less than $30 million.
    • If an indemnity is beyond these thresholds, a delegate can grant an indemnity on behalf of the Commonwealth if it has been explicitly agreed in a decision of Cabinet, the National Security Committee of Cabinet (NSC) or its successor or the Prime Minister, or a written determination of the Finance Minister.
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to policy officials in non-corporate Commonwealth entities (NCEs).

    Key points

    This guide:

    • is implementation guidance for sections 4.14 and 4.15 of the Commonwealth Grants Rules and Principles (CGRPs) and sections 4.9 and 4.10 of the Commonwealth Procurement Rules (CPRs);
    • outlines the administrative framework to ensure future Grants-Connected Policies (GCPs) and Procurement-Connected Policies (PCPs) are applied effectively at a whole-of-government level; and
    • details the steps required to establish a recognised GCP or PCP.
  • Topic
    PGPA Act, Using relevant money, Procurement
    Audience

    This guide is relevant to all non-corporate Commonwealth entities (NCEs). It is particularly relevant to Chief Financial Officers (CFOs) and their staff, and officials who are responsible for the NCEs internal controls and processes.

    Corporate Commonwealth entities (CCEs) are encouraged to apply this policy.

    Key points

    This guide:

    • outlines the Government’s policy on payment timeframes for invoices arising from procurement contracts that are subject to the Commonwealth Procurement Rules
    • outlines the Government's policy on the use of payment cards for purchases of goods and services with a total contract value below $10,000
    • uses terms as defined in the Commonwealth Procurement Rules
    • uses GST inclusive values.

    Objective

    This policy facilitates timely payment to suppliers, assists with their cash flow, and reduces the cost of supplying to the Commonwealth. 

    As a general principle, NCEs are encouraged to implement efficient and timely receipting and payment practices to ensure that supplier payments are made as quickly as possible.

  • Topic
    Australian Government data, COMCAR, PGPA Act, Assurance and accounting
    Audience

    This guide applies to all relevant officials, particularly chief financial officers and finance teams, in Commonwealth entities that have responsibility for classifying Australian Government payments to other levels of government.

    For ease of reference and presentation, the RMG uses:

    Key points

    This guide:

    • provides advice on the types of payments that are within scope of the federal financial relations (FFR) framework, and the payment classification process undertaken by the Department of Finance (Finance)
    • provides guidance on the classification of payments to other levels of government for specific purposes as distinct from Commonwealth own-purpose expenses (COPEs) that may involve payments to other levels of government
    • replaces Classifying payments to other levels of government for specific purposes and Commonwealth own-purpose expenses (RMG 419), dated December 2020.
  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to all non-corporate Commonwealth entities (NCEs).

    Corporate Commonwealth entities (CCEs) are encouraged to apply this policy.

    Key points

    This guide:

    • reflects the Government’s policy on the use of the Commonwealth Contracting Suite (CCS) when conducting procurement

    • uses terms as defined in the Commonwealth Procurement Rules (CPRs)

    • outlines the mandatory components of the CCS

    • explains when the CCS is mandatory.

  • Topic
    PGPA Act, Using relevant money
    Audience

    This guide is relevant to accountable authorities and officials undertaking procurements in:

    • non‑corporate Commonwealth entities (NCEs); and
    • corporate Commonwealth entities (CCEs) prescribed in section 30 of the Public Governance, Performance and Accountability Rule 2014 as having to comply with the Commonwealth Procurement Rules (CPRs).

    These entities are referred to as relevant Commonwealth entities in this guide.

    This guide contains general information only. It does not replace legal advice that may be required in relation to the rights and obligations of Commonwealth entities in the context of a particular complaint or procurement process.

    Key points

    This guide:

    • Provides guidance on the Commonwealth procurement complaint mechanism established under the Government Procurement (Judicial Review) Act 2018.
    • Assists relevant Commonwealth entities to implement and comply with this mechanism when a supplier has raised a complaint with an accountable authority or submitted an application to the Federal Circuit Court of Australia (FCC) or Federal Court of Australia (Federal Court) alleging a relevant Commonwealth entity’s contravention of relevant CPRs when conducting a covered procurement.
    • Outlines the roles and responsibilities of key stakeholders.
  • Topic
    PGPA Act, Using relevant money
    Audience
    This guide is relevant to: 

    Officials from NCEs and prescribed CCEs must apply the Commonwealth Procurement Rules (CPRs). For the purpose of this guide, these entities are collectively referred to as relevant entities. Officials from all other corporate Commonwealth entities (CCEs) do not need to apply this guide. 

    Key points
    This guide:
    • sets out all of the publishing and reporting requirements for relevant entities under the Commonwealth Procurement Framework and other government policies
    • assists relevant entities to meet their publishing and reporting obligations
    • uses definitions from the Commonwealth Procurement Rules (CPRs), and
    • only applies to procurement processes.

    Overview

    The Australian Government is committed to ensuring accountability and transparency in its procurement activities.

    The CPRs set out the Australian Government’s requirements to publish key information relating to procurement and to report relevant contracts.

    Under the devolved procurement framework, individual entities are responsible for conducting their own procurements, including publishing relevant information, and accurately reporting any resulting contracts on AusTender.

    Relevant entities have reporting requirements additional to those in the CPRs arising from annual reporting obligations and government policies. Further links and information are provided in Other reporting obligations, exemptions and quality assurance.

    Where the accountable authority is referred to in this guidance, this includes officials that the accountable authority has delegated the relevant power to. 


    What is AusTender?

    AusTender is the central web-based facility for the publication of Australian Government procurement information, including business opportunities, annual procurement plans and procurement contracts awarded. Many of the publishing and reporting requirements are met through AusTender, the Australian Government’s central procurement information system.

    • enables relevant entities to meet their procurement reporting and publishing obligations   
    • notifies the market of planned and actual procurement processes, providing potential suppliers with an opportunity to participate
    • provides the market and the broader community with transparency regarding the outcome of a procurement
    • supports secure electronic tendering to deliver integrity and efficiency for relevant entities and potential suppliers
    • provides government buyers with a standard and streamlined approach to sourcing goods and services from panels through the Dynamic Sourcing for Panels (DS4P) functionality.

    Relevant entities must use AusTender to publish:

    • Annual Procurement Plans (APPs)
    • notification of open Approaches to Market (ATMs) 
    • Contract Notices (CNs) and contract amendments
    • Standing Offer Notices (SONs).

    Detailed information on how relevant entities should enter data into AusTender can be found in relevant AusTender user guides and onscreen help guidance. Entity AusTender users can download user guides relevant to their user roles. 

    AusTender does not, and is not intended to, reflect actual government expenditure. Rather, AusTender reports key details of a contract that has been awarded at the end of a procurement process, including the potential maximum value of the contract over its initial term. Reporting these details achieves two important objectives:

    • it provides transparency to suppliers that the awarded contract is consistent with the representations that were made to the market in the ATM
    • it meets Australia’s reporting obligations under various free trade agreements.

     

    AusTender data is used to analyse Australian Government procurement activities. Each financial year AusTender data is used for procurement statistical reporting, which includes details around the top United Nations Standard Products and Services Code (UNSPSC) categories for the period.

    Relevant entities are required to select a UNSPSC for Planned Procurements, ATMs, SONs or CNs. While an individual procurement may include a range of goods and services, the UNSPSC should reflect the most appropriate category that relates to the majority of the goods or services being sought. Relevant codes are available from the AusTender Customised UNSPSC Codeset on data.gov.au and from the AusTender Help section.

    Note: When a business registers on AusTender, it may choose to nominate which UNSPSC codes it is interested in. When an ATM is published referencing that code, the business will receive an email notification advising that an opportunity exists.
  • Topic
    PGPA Act, Managing relevant property, Property and Construction
    Audience

    The Commonwealth Property Management Framework is mandatory for officials and accountable authorities of non-corporate Commonwealth entities (NCEs).

    Corporate Commonwealth entities (CCEs) may be subject to legislative and policy aspects of the Commonwealth Property Management Framework, such as the Lands Acquisition Act 1989 and Public Works Committee Act 1969, and are responsible for ensuring compliance.

    Key points
    • The Commonwealth Property Management Framework establishes a foundation for achieving value for money and promotes efficient, effective, economical and ethical management of owned and leased Commonwealth property in Australia, including external territories.
    • The Commonwealth Property Management Framework supports the Public Governance, Performance and Accountability Act 2013 and supplements Division 1 of the Commonwealth Procurement Rules.
  • Topic
    PGPA Act, Managing relevant property, Property and Construction
    Audience

    This guidance provides an overview of the policies that guide the Lands Acquisition Framework (the Framework), including obligations on officials.

    Key points
    • The Lands Acquisition Act 1989 (LAA) is the key legislation used by the Commonwealth to acquire and dispose of interests in land to support the delivery of Government priorities, services and outcomes.
       
    • The LAA defines interests in land broadly. This means that transactions involving interests in land have a wider meaning under the LAA than simply purchasing or selling land and include other property transactions such as leasing office space, licences and easements.
       
    • The LAA applies to all non-corporate Commonwealth entities (NCEs) and corporate Commonwealth entities (CCEs), unless otherwise exempt. Entities must follow their legal obligations under the LAA and are responsible for ensuring compliance.
    See the Lands Acquisition Regulations 2017 for exempt authorities (entities). There are also some entities which are exempt from the LAA under their enabling legislation rather than the Lands Acquisition Regulation 2017.

    NCEs must comply with the Framework when undertaking transactions requiring authorisation under the LAA. CCEs that are exempt should strongly consider referring to the Framework, including referenced policies and procedures, which are consistent with good practice.