OAIC financial delegations and authorisations (27 October 2016)
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
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 AccountabilityAct 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.
