OAIC financial delegations and authorisations (6 April 2018)

Office of the Australian Information Commissioner

Instrument of Delegation

Public Governance , Performance and Accountability Act 2013

I, Angelene Falk, 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.
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.


Angelene Falk
Acting Australian Information Commissioner
6th April 2018

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.

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

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
Chief Financial Officer
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
Chief Financial Officer
Finance Manager - AHRC

PGPAA s74
PGPAR s27

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

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

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
Chief Financial Officer
Finance Manager - AHRC

Office of the Australian Information Commissioner

Australian Human Rights Commission

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
Chief Financial Officer

Limit of available OAIC funds

Limit of available OAIC funds

Assistant Commissioners

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

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)

Office Manager
Executive Assistant

$2,000
(excluding contracts & consultancies)

Refer to Limitations below
(excluding contracts & consultancies)


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

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, Office Manager, 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, Executive Officer and the Office Manager 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, Office Manager, 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, Office Manager 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, Office Manager 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.

Public Governance, Performance and Accountability Act 2013

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
Chief Financial Officer

PGPAA s53

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

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

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
Chief Financial Officer
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 Chief Financial Officer
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
Chief Financial Officer

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
Chief Financial Officer

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
Chief Financial Officer
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 I nformation Commissioner

Instrument of Authorisation

Public Governance , Performance and Accountability Act 2013

I, Angelene Falk, 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).


Angelene Falk
Acting Australian Information Commissioner
6th April 2018

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
Chief Financial Officer

To implement a fraud control plan for the OAIC

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

To collect public moneys
Receiver of Public Moneys

Alternate Receiver of Public Moneys

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
APS Level 3/4 – Finance, AHRC

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

To certify payments
Certifying Official

Alternate Certifying Official

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
APS Level 3/4 – Finance, AHRC

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

To authorise payments
Authorising Official

Alternate Authorising Official

Alternate Authorising Official

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

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
Assist. Finance Manager, AHRC

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
Finance Manager, AHRC

To manage approved advances
Receiver of Public Moneys

Alternate Receiver of Public Moneys

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
APS Level 3/4 – Finance, AHRC

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
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
Chief Financial Officer
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
Chief Financial Officer

To be responsible for payroll preparation and payments

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Chief Financial Officer
Human Resources Manager, AHRC

To coordinate claims against the Commonwealth

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

To coordinate reports on incidents involving Commonwealth Officials

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

To coordinate Act of Grace requests

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

To coordinate reports of losses of relevant property

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer
Finance Manager, AHRC

To dispose of relevant property

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

To coordinate proposals to gift relevant property

Australian Privacy Commissioner
Freedom of Information Commissioner
Deputy Commissioner
Assistant Commissioners
Chief Financial Officer

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.
2Section 43A of the Australian Human Rights Commission Act 1986 provides for the Commission to make administrative services available to the Information Commissioner.
3Office of the Australian Information Commissioner
4Australian Human Rights Commission
5Office of the Australian Information Commissioner, Accountable Authority Instructions (7 March 2018).

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