Part I: Introduction to the Commonwealth Resource Management Framework Resource Management and Budget Training September 2015 1 Contact and acknowledgement information ©Commonwealth of Australia 2015 All material produced by the Department of Finance (Finance) constitutes copyright administered by Finance. Finance reserves the right to set out the terms and conditions for the use of such material. Apart from any use permitted under the Copyright Act 1968, and those explicitly granted herein, all other rights are reserved. Unless otherwise noted, all material in this publication, except the Commonwealth Coat of Arms, and any material protected by a trademark is licensed under the Creative Commons BY SA Attribution Share Alike 4.0 Australia Licence. Details of this licence are available at: http://creativecommons.org/licenses/by-sa/4.0/. Enquiries For enquiries or suggestions about this presentation, please contact training.team@finance.gov.au 2 Resource Management and Budget Training Overview Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials Part III: Budget process and reporting • Commonwealth Resource Management Framework • Managing performance • Budget context • Risk management • Budget Framework • Australian system of government • Internal controls • Planning and budgeting • Commonwealth governance arrangements • Duties of officials • Monitoring and reporting • Using public resources • Appropriations • Spending relevant money • PGPA Act • Rules and policies • Other relevant legislation 3 Activity: Introduction to the Framework Museum of Millennium Technology 4 Resource Management Framework Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials Part III: Budget process and reporting • Commonwealth Resource Management Framework • Managing performance • Budget context • Risk management • Budget Framework • Australian system of government • Internal controls • Planning and budgeting • Commonwealth governance arrangements • Duties of officials • Monitoring and reporting • Using public resources • Appropriations • Spending relevant money • PGPA Act • Rules and policies • Other relevant legislation 5 Why is the framework important? We use and manage taxpayers money – must have regard to the public interest Accountability Improved use of resources mitigation of risks Reporting and evaluation Planning objectives and strategies Implementing and monitoring Budgeting and operational planning Planning Improved decision making Resource management cycle 6 What are public resources? Relevant property • property owned or held by the Commonwealth or a corporate Commonwealth entity • real property, assets and intellectual property Relevant money • money held as cash or in a bank account by the Commonwealth or a corporate Commonwealth entity Appropriations • authority to draw money from the Consolidated Revenue Fund 7 Resource Management Framework Constitution PGPA Act Appropriation acts Other legislation Policy Legislative instruments Entity internal controls reporting and evaluation proper use appropriations earned autonomy accountability planning objectives and strategies governance property management transparency audit efficiency PUBLIC RESOURCES spending procurement performance grants management implementing and monitoring risk management cooperation with others commitments budgeting and operational planning 8 Australian system of government Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials Part III: Budget process and reporting • Commonwealth Resource Management Framework • Managing performance • Budget context • Risk management • Budget Framework • Australian system of government • Internal controls • Planning and budgeting • Commonwealth governance arrangements • Duties of officials • Monitoring and reporting • Using public resources • Appropriations • Spending relevant money • PGPA Act • Rules and policies • Other relevant legislation 9 Tiers of government Commonwealth Government 6 state and 2 territory governments over 560 local governments 10 Commonwealth powers Commonwealth powers defined in Constitution (s51) • trade and commerce • taxation • postal and telecommunications services • foreign policy • census and statistics • weights and measures • bankruptcy and insolvency • quarantine • lighthouses, lightships, beacons and buoys • • • • • • fisheries currency copyright marriage immigration defence Most other law making powers reserved for states • health • education • planning and development 11 Commonwealth – state relations Guided by • Council of Australian Governments (COAG) o Prime Minister, state premiers and territory chief ministers o policy reforms requiring cooperation among governments • Intergovernmental Agreement on Federal Financial Relations 12 Separation of Commonwealth powers Constitution Legislative Legislative power to makes the laws exercised by • Governor General • House of Representatives • Senate Executive accountable to the Parliament Executive Executive accountable administer theto the lawsParliament made by Parliament Executive Executive power exercised by • Governor General as advised by • Prime Minister • Ministers and Parliamentary Secretaries • officials in Commonwealth entities Executive appoint the Judiciary Judiciary interpret the laws Judiciary Judicial power exercised by • High Court of Australia • Federal Court • Family Court and Federal Magistrates service Judges may be removed by the vote of both Houses of Parliament on the grounds of proved misbehaviour or incapacity 13 Commonwealth governance arrangements Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials Part III: Budget process and reporting Non-corporate Commonwealth entities • Commonwealth Resource Management Framework Corporate Commonwealth Commonwealth • Managing performance entities • Budget context companies • Australian system of government • Internal controls • Commonwealth governance arrangements • Using public resources • Appropriations • Risk management Government business • Budget Framework enterprises (GBEs) • Planning and budgeting Public Non-Financial Corporations • Duties of officials • Monitoring and reporting Public Financial Corporations • Spending relevant money • PGPA Act • Rules and policies • Other relevant legislation 14 AAOs and portfolios Agriculture Attorney-Generals Communications Defence (Veterans’ Affairs) Education & Training Employment Environment Finance Foreign Affairs and Trade Health Immigration and Border Protection Industry and Science Infrastructure and Regional Development Prime Minister and Cabinet Social Services (Human Services) Treasury Each portfolio: • at least one Department of State • other Commonwealth entities • may have Commonwealth companies 15 Flipchart www.finance.gov.au/flipchart 16 Non-corporate Commonwealth entities Part of the Commonwealth • not legally and financially separate • not a body corporate • officials employed under the Public Service Act or the entities’ enabling legislation Include • Departments of State • Parliamentary Departments • other entities listed in legislation or the PGPA Rule 17 Corporate Commonwealth entities Legally and financially separate from the Commonwealth • body corporates established by legislation for a public purpose • officials engaged under entities’ enabling legislation or the Public Service Act 18 Commonwealth companies Legally and financially separate from the Commonwealth • Commonwealth controlled companies established under the Corporations Act 2001 • does not include subsidiaries 19 Commonwealth public sector non-corporate Commonwealth entities corporate Commonwealth entities • all Commonwealth entities and companies Commonwealth companies 20 General government sector General government sector (GGS) non-corporate Commonwealth entities corporate Commonwealth entities Commonwealth companies • most Commonwealth entities and companies • provide non-market public services • funded mainly through taxes 21 Public non-financial corporations and Public financial corporations General government sector (GGS) non-corporate Commonwealth entities corporate Commonwealth entities Commonwealth companies Public non-financial corporations Public financial corporations Public non-financial corporations e.g. NBN Co Public financial corporations e.g. Reserve Bank of Australia, other borrowing authorities 22 Government business enterprises General government sector (GGS) non-corporate Commonwealth entities Commonwealth companies corporate Commonwealth entities Government business enterprises (GBEs) Public non-financial corporations • public sector • provide market services • for profit Public financial corporations 23 Commonwealth public sector •High Court of Australia General government sector 96 non-corporate Commonwealth entities • Departments of state • Parliamentary departments • Listed entities bodies corporate deemed as non-corporate • Australian Competition and Consumer Commission • Australian Prudential Regulation Authority • Australian Securities and Investments Commission 68 corporate Commonwealth entities • 59 other corporate Commonwealth entities 15 Commonwealth companies • 11 other Commonwealth companies 6 government business enterprises (GBEs) Public financial corporations Public non-financial corporations • Defence Housing Australia • Airservices Australia • Australian Hearing Services • Australian Postal Corporation • Australian Reinsurance Pool Corp • Coal Mining Industry (Long Service Leave Funding) Corp • Export Finance and Insurance Corp • Reserve Bank of Australia •Australian National University • ASC Pty Ltd • Australian Rail Track Corp Ltd • Moorebank Intermodal Co Ltd • NBN Co Ltd As at 1 August2015 24 Establishing new Commonwealth bodies non-corporate Commonwealth entities corporate Commonwealth entities Commonwealth companies 25 Activity: Australia Post 26 Appropriations Part I: Resource Management Framework • Commonwealth Resource Management Framework Part II: PGPA Act – fundamentals for officials PGPA Act Appropriation acts • Managing performance • Budget context Other legislation Entity internal controls • Budget Framework reporting and evaluation • Internal controls • Commonwealth governance arrangements • Using public resources implementing • Duties of officials Policy Legislative instruments • Risk management • Australian system of government • Appropriations Part III: Budget process and reporting Constitution earned autonomy planning objectives and strategies • accountability Planning and budgeting proper use appropriations governance property management transparency audit • RESOURCES Monitoringspending and reporting PUBLIC efficiency procurement performance grants management risk management cooperation with others • Spending relevant money and monitoring commitments budgeting and operational planning • PGPA Act • Rules and policies • Other relevant legislation 27 Revenue and receipts All revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund (CRF) s81 Constitution General taxation Non-tax revenue Consolidated Revenue Fund 28 Accessing money in the CRF Money can only be spent if supported by an appropriation made by law s83 Constitution Must be appropriated for the purposes of the Commonwealth s81 Constitution Annual appropriations acts Consolidated Revenue Fund Other acts with special appropriations 29 Annual appropriations bills Government services for the ordinary annual services of the government e.g. Appropriations Bills (No 1) & (No 3) Parliamentary services for other purposes e.g. Appropriations Bills (No 2) & (No 4) Appropriation (Parliamentary Departments) Bills (No 1) & (No 2) 30 Annual appropriations Acts Government services for the ordinary annual services of the government e.g. Appropriations Acts (No 1) & (No 3) • departmental items • administered items for other purposes e.g. Appropriations Acts (No 2) & (No 4) • any new administered outcomes (rare) • non-operating costs (departmental or administered) • other payments 31 Special appropriations Special appropriations established by legislation other than annual appropriation acts • most unlimited in amount Special accounts established by determination of the Finance Minister established by legislation • some are limited by amount • some limited by time 32 PGPA Act Part I: Resource Management Framework • Commonwealth Resource Management Framework Part II: PGPA Act – fundamentals for officials PGPA Act Appropriation acts • Managing performance • Budget context Other legislation Entity internal controls • Budget Framework reporting and evaluation • Internal controls • Commonwealth governance arrangements • Using public resources implementing • Duties of officials Policy Legislative instruments • Risk management • Australian system of government • Appropriations Part III: Budget process and reporting Constitution earned autonomy planning objectives and strategies • accountability Planning and budgeting proper use appropriations governance property management transparency audit • RESOURCES Monitoringspending and reporting PUBLIC efficiency procurement performance grants management risk management cooperation with others • Spending relevant money and monitoring commitments budgeting and operational planning • PGPA Act • Rules and policies • Other relevant legislation 33 Objects of the PGPA Act non-corporate Commonwealth entities corporate Commonwealth entities • meet high standards of governance, performance and accountability • provide meaningful information to Parliament and the public • use and manage public resources properly • work cooperatively with others to achieve common objectives Section 5 34 PGPA Act applies to... Accountable authorities • person or body that is the head of a Commonwealth entity • typically secretaries and governing bodies Officials • officers, employees or members of an entity • includes accountable authorities • excludes Ministers and judges 35 Duties of accountable authorities Responsibilities and powers to promote high standards of accountability and performance: • responsible for the financial management of the entity • meeting reporting requirements General duties: • • • • • govern the entity establish and maintain systems relating to risk and control encourage cooperation and partnering minimise red tape keep the responsible Minister and Finance Minister informed Sections 15-19 36 Duties of officials PGPA Act requires officials of Commonwealth entities to meet high standards of governance, performance and accountability Officials are required to: • • • • act with care and diligence of a reasonable person act honestly, in good faith and for proper purpose not misuse position or information disclose material personal interests Sections 25-29 37 Rules and policies Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials PGPA Act Appropriation acts • Commonwealth Resource Management Framework • Budget context Entity internal controls • Risk management reporting and • Budget Framework planning objectives proper use appropriations evaluation • Australian system of government • Internal controls • Commonwealth governance arrangements • Using public resources implementing • Appropriations Other legislation Policy Legislative instruments • Managing performance • Duties of officials Part III: Budget process Constitutionand reporting and strategies accountability •property Planning and budgeting management transparency earned autonomy governance audit PUBLIC RESOURCES efficiency spending • Monitoring and reporting procurement performance grants management and monitoring risk management cooperation with others • Spending relevant money commitments budgeting and operational planning • PGPA Act • Rules and policies • Other relevant legislation 38 Rules and instruments Under the PGPA Act, Finance Minister has made: • PGPA Rule 2014 • Commonwealth Procurement Rules (CPRs) • Commonwealth Grants Rules and Guidelines (CGRGs) • PGPA Financial Reporting Rule (FRR) These rules and instruments apply to some or all Commonwealth entities and companies 39 PGPA Rule 2014 Establishes controls on: • • • • • • • debt recovery disclosure of interests records of approvals to commit relevant money sets cash management requirements performance requirements and corporate plans information ministers must provide Parliament other matters PGPA Rule applies to non-corporate Commonwealth entities corporate Commonwealth entities Commonwealth companies 40 Commonwealth Procurement Rules (CPRs) Apply to the entire process for procuring goods and/or services Combine good practice with Australia's international obligations CPRs apply to All non-corporate Commonwealth entities Some corporate Commonwealth entities prescribed in the PGPA Rule 41 Commonwealth Grants Rules and Guidelines (CGRGs) Objective to promote proper use of public resources through collaboration with non-government sector to achieve policy outcomes Establish: • mandatory requirements • better practice principles of grants administration CGRGs apply to All non-corporate Commonwealth entities 42 PGPA Financial Reporting Rule (FRR) Sets minimum financial reporting requirements for reporting entities Promotes consistency in financial reporting across the Commonwealth FFR applies to: All non-corporate Commonwealth entities All corporate Commonwealth entities Some other bodies and statutory accounts 43 Government policies non-corporate Commonwealth entities Must act in a way that is not inconsistent with the policies of the Australian Government, e.g. • whole-of-government arrangements for goods and services • on-time payment policy for small business Section 21 Section corporate Commonwealth entities Only required to comply with policies if directed by a Finance Minister government policy order 22 44 Other relevant legislation Part I: Resource Management Framework • Commonwealth Resource Management Framework Part II: PGPA Act – fundamentals for officials PGPA Act Appropriation acts • Managing performance • Budget context Other legislation Entity internal controls • Budget Framework reporting and evaluation • Internal controls • Commonwealth governance arrangements • Using public resources implementing • Duties of officials Policy Legislative instruments • Risk management • Australian system of government • Appropriations Part III: Budget process and reporting Constitution earned autonomy planning objectives and strategies • accountability Planning and budgeting proper use appropriations governance property management transparency audit • RESOURCES Monitoringspending and reporting PUBLIC efficiency procurement performance grants management risk management cooperation with others • Spending relevant money and monitoring commitments budgeting and operational planning • PGPA Act • Rules and policies • Other relevant legislation 45 Legislation relating to spending Legislative authority to enter into arrangements or authorise payments non-corporate Commonwealth entities corporate Commonwealth entities • PGPA Act • specific legislation, e.g. Social Security (Administration) Act 1999 • Financial Framework (Supplementary Powers) Act 1997 • enabling legislation 46 Legislation relating to spending Financial Framework (Supplementary Powers) Act 1997 As a result of Williams v Cth (2012) additional legislative authority required to support spending on: • grants • payments of benefits or entitlements to a person • sponsorships and scholarships for parties outside the Commonwealth • funding of stakeholder activities • other kinds of expenditure that are not merely ‘running costs’ of an entity 47 Legislation relating to spending Taxation • Constitution provides Commonwealth taxes should not apply to Commonwealth entities • but the Government has applied GST to the Commonwealth entities (A New Tax System (Goods and Services Tax) Act 1999) Compensation payments • for acquiring land - Lands Acquisition Act 1989 48 Payments to states and territories Federal Financial Relations Act 2009 General Revenue Assistance • payments to states that can be used for any purpose (e.g. GST) National Specific Purpose Payments (SPPs) National Partnership Payments • annual and ongoing payments for states for use in key service delivery sectors such as: ― health ― education ― skills and training ― disability services ― affordable housing • payments to states for specific purposes, to: ― to support projects ― facilitate major reforms ― reward jurisdictions that deliver on nationally significant reforms 49 Accountability legislation Fiscal responsibility • Charter of Budget Honesty Act 1998 Audit and assurance • Auditor-General Act 1997 • Public Accounts and Audit Act 1951 50 Employment legislation non-corporate Commonwealth entities corporate Commonwealth entities Commonwealth companies • Public Service Act 1999 • enabling legislation • Corporations Act 2001 • State or territory framework where the company is registered 51 Penalties and sanctions Misuse of public resources Employment sanctions • Public Service Act 1999 or other relevant employment legislation Criminal sanctions • Crimes Act 1914 52 Activity 53 Wrap up Part I: Resource Management Framework • Commonwealth Resource Management Framework • Australian system of government • Commonwealth governance arrangements • Appropriations Part II: PGPA Act – Part III: Budget process fundamentals for officialsConstitution and reporting PGPA Act Appropriation acts Legislative instruments • Managing performance • Internal controls • Budget context Entity internal controls • Risk management reporting and evaluation Other legislation Policy • Budget Framework earned autonomy planning objectives and strategies • Planning and budgeting accountability proper use appropriations governance property management transparency audit • Monitoring and reporting PUBLIC RESOURCES spending procurement performance grants management • Duties of officials efficiency risk management cooperation with others • Using public resources commitments implementing • Spending relevant money and monitoring budgeting and operational planning • PGPA Act • Rules and policies • Other relevant legislation 54 Wrap up Part I: Resource Management Framework Part II: PGPA Act – fundamentals for officials Part III: Budget process and reporting • Commonwealth Resource Management Framework • Managing performance • Budget context • Risk management • Budget Framework • Australian system of government • Internal controls • Planning and budgeting • Commonwealth governance arrangements • Duties of officials • Monitoring and reporting • Using public resources • Appropriations • Spending relevant money • PGPA Act • Rules and policies • Other relevant legislation 55 Feedback and further information Commonwealth Resource Management Framework • finance.gov.au/resource-management Australian Government Budget • budget.gov.au Public Management Reform Agenda • pmra.finance.gov.au Feedback to Training.team@finance.gov.au 56