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OAIC financial delegations and authorisations

Office of the Australian Information Commissioner

Instrument of Delegation

Public Governance, Performance and Accountability Act 2013

I, Timothy Pilgrim, Australian Information Commissioner, and accountable authority for the Office of the Australian Information Commissioner, pursuant to section 110 of the Public Governance, Performance and Accountability Act 2013 hereby delegate my powers, functions and duties as set out in the attached Schedules.[1]

Where I am unable to delegate a power, function or duty to a person who is a member of staff of the Australian Human Rights Commission (because the Commission is a corporate Commonwealth entity) then I authorise that person, in like manner and subject to like restrictions, to act on my behalf in exercising or performing the relevant power, function or duty.[2]

Timothy Pilgrim
Australian Information Commissioner

27 October 2016

Schedule 1

Public Governance, Performance and Accountability Act 2013

Delegations by the Australian Information Commissioner

Reference

Power/Function/Duty

Position(s)

PGPAA s36

To prepare estimates of receipts and payments for each financial year and for any other periods directed by the Finance Secretary

Australian Privacy Commissioner

Freedom of Information Commissioner

Deputy Commissioner

Assistant Commissioner

Finance Manager - AHRC

PGPAA s56

FM Delgn

To authorise a holder of a Commonwealth credit card to:

  • pay a claim that includes both official and coincidental private expenditure; and
  • specify arrangements for the holder to reimburse the Commonwealth for that coincidental private expenditure

Australian Privacy Commissioner

Freedom of Information Commissioner

Deputy Commissioner

Assistant Commissioners

Finance Manager - AHRC

PGPAA s74

PGPAR s27

To approve external agreements where the OAIC[3] is the supplier of goods or services and earns independent revenue

Australian Privacy Commissioner

Freedom of Information Commissioner

Deputy Commissioner

Assistant Commissioners

PGPAR s11

To pursue recovery of each debt for which the Australian Information Commissioner of the OAIC is responsible

Australian Privacy Commissioner

Freedom of Information Commissioner

Deputy Commissioner

Assistant Commissioners

Finance Manager - AHRC[4]

Schedule 2

Public Governance, Performance and Accountability Act 2013

Delegations by the Australian Information Commissioner under PGPAA s 23 to approve a commitment of relevant money and to enter into arrangements relating to the affairs of the OAIC (and to vary and administer those arrangements)

Designation

Limitations

Per transaction

Total

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner

Limit of available OAIC funds

Limit of available OAIC funds

  • Deputy Commissioner

Limit of available OAIC funds

Limit of available OAIC funds

  • Assistant Commissioners

Limit of available OAIC funds (excluding contracts & consultancies over $50,000[5])

Refer to Limitations below (excluding contracts & consultancies over $50,000)

  • Director, Dispute Resolution
  • Director, Regulation and Strategy
  • Finance Manager, AHRC
  • Assistant Finance Manager, AHRC
  • Human Resources Manager, AHRC
  • IT Services Manager, AHRC

$30,000 (excluding contracts & consultancies)

Refer to Limitations below (excluding contracts & consultancies)

  • Executive Officer

$30,000 (excluding contracts & consultancies)

Refer to Limitations below (excluding contracts & consultancies)

  • Assistant Director, Strategic Communications and Coordination, Regulation and Strategy

$10,000 (excluding contracts & consultancies)

Refer to Limitations below (excluding contracts & consultancies)

  • Assistant Directors, Dispute Resolution and Regulation and Strategy
  • APS 5/6 – Finance and Service, AHRC

$5,000 (excluding contracts & consultancies)

Refer to Limitations below (excluding contracts & consultancies)

  • Executive Assistant

$2,000 (excluding contracts & consultancies)

Refer to Limitations below (excluding contracts & consultancies)

Limitations

The following specified limitations apply to approvals:

General expenditure

  • Delegates may only exercise this delegation with regard to uncommitted funds from their internally allocated budget (i.e. the proportion of OAIC funds that have been allocated to their area of responsibility), with the exception of Assistant Commissioners, Executive Officer, Finance Manager – AHRC, Human Resources Manager – AHRC, Assistant Finance Manager – AHRC, and the Executive Assistant who may exercise this delegation on an OAIC wide basis.

Travel expenditure

  • Delegates may only exercise this delegation with regard to uncommitted funds from their internally allocated budget with the exception of the following positions: Assistant Commissioners and the Executive Officer who may exercise this delegation on an OAIC wide basis.

Furniture and fittings

  • Authority to approve the purchase of furniture and fittings (including communications and audio visual equipment) is limited to the following positions: Assistant Commissioners, Executive Officer, Finance Manager, AHRC, and Assistant Finance Manager, AHRC.

Computer hardware, software and related material

  • Authority to approve the purchase of computer hardware, software and related material is limited to the following positions: Assistant Commissioners, Executive Officer, and the AHRC’s IT Services Manager or Finance Manager.

Official Hospitality

  • Authority to approve expenditure on official hospitality is limited to the following positions: Assistant Commissioners, Executive Officer and the Executive Assistant.

Gifts

  • Authority to approve expenditure on gifts of a protocol or public relations nature is limited to the following positions: Assistant Commissioners and the Executive Officer. Expenditure on gifts should not exceed $500 on any one occasion.

Schedule 3

Public Governance, Performance and Accountability Act 2013

Sub-delegation of the powers of the Finance Minister by the Australian Information Commissioner

Before exercising the powers specified in Table 1, delegates must comply with the Directions to Delegates issued by the Finance Minister under the FM Delgn, and listed in Table 2 of this Schedule 3.

Table 1

Reference

Power

Position(s)

PGPAA s53

To enter into agreements with any bank for the receipt, custody, payment or transmission of public money or for other matters relating to the conduct of the OAIC’s banking business

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

PGPAA s53

To open and maintain official bank accounts in accordance with agreements.

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

PGPAA s56

To enter into agreements in relation to the use of:

  • Cabcharge credit arrangements
    • OAIC credit cards
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager, AHRC

PGPAA s63

To allow payment by instalments of an amount owing to the Commonwealth

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager, AHRC
  • Human Resources Manager, AHRC

PGPAA s63

To defer the time for payment of an amount owing to the Commonwealth

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

PGPAA s66

To give written approval of a gift of public property other than military firearms

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

PGPAR s25

To authorise a payment to a person the delegate considers should receive the payment of an amount which, at the time of a person’s death, the Commonwealth owed to the person

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager, AHRC
  • Human Resources Manager, AHRC
Table 2

Reference

Directions to delegates (PGPAA s 107(4), FM Delgn)

PGPAA s53

Schedule 1 Part 1 to the FM Delgn – Banking by the Commonwealth in Australia

PGPAA s56

Schedule 1 Part 4 to the FM Delgn – Borrowing by the Commonwealth for the issue to, and use by, the Commonwealth of credit cards or credit vouchers

PGPAA s63

Schedule 1 Part 9 to the FM Delgn – Otherwise modify the terms and conditions of amounts owing to the Commonwealth

PGPAA s66

Schedule 1 Part 10 to the FM Delgn – Gifts of relevant property

PGPAR s25

Schedule 2 Part 1 to the FM Delgn – Payment of amount owed to person at time of death


Office of the Australian Information Commissioner

Instrument of Authorisation

Public Governance, Performance and Accountability Act 2013

I, Timothy Pilgrim, accountable authority for the Office of the Australian Information Commissioner, hereby authorise the officials occupying, from time to time, the positions named in the attached schedule to carry out the listed functions and responsibilities pursuant to my duties under ss 15 to 19 of the Public Governance, Performance and Accountability Act (PGPA Act).

Timothy Pilgrim
Australian Information Commissioner

27 October 2016

Schedule 1

Public Governance Performance and Accountability Act 2013

Authorisations by the Australian Information Commissioner under PGPA Act ss 15 to 19

Power/Function/Duty

Designation

To issue, and amend as required, guidelines under the Accountable Authority Instructions

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To implement a fraud control plan for the OAIC

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
To collect public moneys
Receiver of Public Moneys
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 3/4 – Finance, AHRC

Alternate Receiver of Public Moneys

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 5/6 – Finance, AHRC
To certify payments
Certifying Official
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 3/4 – Finance, AHRC

Alternate Certifying Official

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 5/6 – Finance, AHRC
To authorise payments
Authorising Official
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 5/6 – Finance, AHRC
Alternate Authorising Official
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assist. Finance Manager, AHRC

Alternate Authorising Official

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC
To manage approved advances
Receiver of Public Moneys
  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 3/4 – Finance, AHRC

Alternate Receiver of Public Moneys

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 5/6 – Finance, AHRC
To manage the OAIC’s credit card arrangements

Credit card manager

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • APS Level 5/6 – Finance, AHRC

To coordinate and investigate reports of losses of relevant money

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To be responsible for payroll preparation and payments

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Human Resources Manager, AHRC

To coordinate claims against the Commonwealth

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To coordinate reports on incidents involving Commonwealth Officials

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To coordinate Act of Grace requests

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To coordinate reports of losses of relevant property

  • Australian Privacy Commissioner
    Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager, AHRC

To dispose of relevant property

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To coordinate proposals to gift relevant property

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

Functions/Responsibility

Designation

To ensure that the accounts and records of the OAIC properly record and explain the OAIC’s transactions and financial position

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager - AHRC

To give the Auditor General the annual financial statements required by the PGPA Act and Rule.

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager - AHRC

To give the Finance Minister financial statements covering a period of less than a reporting period when required by the Finance Minister

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager - AHRC

To prepare financial statements dealing with functions transferred to the OAIC from another Commonwealth entity in any reporting period

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners
  • Finance Manager - AHRC

To be responsible for the overall accounting for OAIC property assets and their reporting in the annual financial statements

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Assistant Commissioners

To be responsible for the OAIC’s Commonwealth vehicles

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC

To be responsible for the policies and procedures for the safekeeping of keys and combinations

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC

To be responsible for the policies and procedures for the safeguarding of OAIC’s computer software and installations

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • IT Services Manager, AHRC

To be responsible for the policies and procedures regarding accountable forms

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC

To be responsible for the development and maintenance of the OAIC’s financial management information system

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC

To ensure publication of details of contracts having a value greater than $10,000

  • Australian Privacy Commissioner
  • Freedom of Information Commissioner
  • Deputy Commissioner
  • Finance Manager, AHRC

Footnotes

[1] In the Schedules, ‘PGPAA’ means the Public Governance, Performance and Accountability Act 2013, ‘PGPAR’ means the Public Governance, Performance and Accountability Rule 2014, ‘FM Delgn’ means the Public Governance, Performance and Accountability (Finance Minister to Accountable Authorities of Non-Corporate Commonwealth Entities) Delegation 2014, ‘FFSPA’ means the Financial Framework (Supplementary Powers) Act 2014.

[2] Section 43A of the Australian Human Rights Commission Act 1986 provides for the Commission to make administrative services available to the Information Commissioner.

[3] Office of the Australian Information Commissioner

[4] Australian Human Rights Commission

[5] Office of the Australian Information Commissioner, Accountable Authority Instructions (20 August 2014).