Public Governance, Performance and Accountability Amendment (Corporate Plans and Annual Performance Statements) Rule 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00592

 
Public Governance, Performance and Accountability Amendment (Corporate Plans and Annual Performance Statements) Rule 2015
I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following rule.
Dated   20 April 2015
MATHIAS HUBERT PAUL CORMANN
Minister for Finance
 
  
  
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Amendments                                                                                                                          2
Public Governance, Performance and Accountability Rule 2014                                               2
 
1  Name
                   This is the Public Governance, Performance and Accountability Amendment (Corporate Plans and Annual Performance Statements) Rule 2015.
2  Commencement
                   This instrument commences on the day after it is registered.
3  Authority
                   This instrument is made under the Public Governance, Performance and Accountability Act 2013.
4  Schedules
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Public Governance, Performance and Accountability Rule 2014
1  Division 1 of Part 2‑3 (heading)
Repeal the heading, substitute:
Division 1—Planning and budgeting
16E  Corporate plan for Commonwealth entities
Guide to this section
The purpose of this section is to set out matters that the accountable authority of a Commonwealth entity must include in the entity’s corporate plan.
The corporate plan may also include other matters and, for some Commonwealth entities, the Act (see subsections 35(3) and (5)) or the entity’s enabling legislation may require that other matters be included in the plan.
A corporate plan is prepared for a single reporting period for a Commonwealth entity. However, each plan must cover at least 4 reporting periods: the reporting period for which the plan is prepared and at least the following 3 reporting periods.
This section is made for subsections 35(1) and (2) of the Act.
Period corporate plan must cover
             (1)  The corporate plan for a Commonwealth entity must cover a period of at least 4 reporting periods for the entity, starting on the first day of the reporting period for which the plan is prepared under paragraph 35(1)(a) of the Act.
Matters that must be included in corporate plan
             (2)  The following table sets out the matters that must be included in the corporate plan:
 
Matters to be included in a Commonwealth entity’s corporate plan

Item
Topic
Matters to be included

1
Introduction
The following:
(a) a statement that the plan is prepared for paragraph 35(1)(b) of the Act;
(b) the reporting period for which the plan is prepared;
(c) the reporting periods covered by the plan.

2
Purposes
The purposes of the entity.

3
Environment
The environment in which the entity will operate for each reporting period covered by the plan.

4
Performance
For each reporting period covered by the plan, a summary of:
(a) how the entity will achieve the entity’s purposes; and
(b) how any subsidiary of the entity will contribute to achieving the entity’s purposes; and
(c) how the entity’s performance will be measured and assessed in achieving the entity’s purposes, including any measures, targets and assessments that will be used to measure and assess the entity’s performance for the purposes of preparing the entity’s annual performance statements under section 16F.

5
Capability
The key strategies and plans that the entity will implement in each reporting period covered by the plan to achieve the entity’s purposes.

6
Risk oversight and management
A summary of the risk oversight and management systems of the entity for each reporting period covered by the plan (including any measures that will be implemented to ensure compliance with the finance law).

Corporate plan must be published
             (3)  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.
             (4)  However, if the accountable authority considers that the corporate plan contains information that:
                     (a)  is confidential or commercially sensitive; or
                     (b)  could prejudice national security;
then only so much of the corporate plan that does not contain that information must be published under subsection (3).
Corporate plan must be given to Ministers
             (5)  The corporate plan, and any version of the plan referred to in subsection (4), must be given to the responsible Minister and the Finance Minister:
                     (a)  as soon as practicable after the plan is prepared; and
                     (b)  before the plan, or the version, is published under subsection (3).
Variation of corporate plan
             (6)  If the corporate plan is varied during the reporting period for which the plan is prepared and the accountable authority of the entity considers that the variation is significant, then:
                     (a)  this section applies to the plan as varied; and
                     (b)  subsection (3) applies as if it requires the plan to be published as soon as practicable after the plan is prepared (instead of it requiring the plan to be published by the last day of the second month of the reporting period for which the plan is prepared).
Corporate plan for new entity
             (7)  If the entity is established at the start of, or during, the reporting period for which the plan is prepared, then subsection (3) applies as if it requires the plan to be published as soon as practicable after the plan is prepared (instead of it requiring the plan to be published by the last day of the second month of the reporting period for which the plan is prepared).
Division 2—Performance of Commonwealth entities
16F  Annual performance statements for Commonwealth entities
Guide to this section
The purpose of this section is to set out matters that the accountable authority of a Commonwealth entity must include in the entity’s annual performance statements.
The annual performance statements may also include other matters and, for some Commonwealth entities, the entity’s enabling legislation may require that other matters be included in the performance statements.
A Commonwealth entity’s corporate plan for a reporting period sets out how the entity’s performance will be measured and assessed in achieving the entity’s purposes in the reporting period. The entity’s annual performance statements, which set out the results of that measurement and assessment, are included in the entity’s annual report for the reporting period. The measurement and assessment relate only to that particular reporting period, even though the corporate plan sets out how the entity’s performance will be measured and assessed for at least 4 reporting periods.
This section is made for subsection 38(2) and paragraph 39(2)(b) of the Act.
Measuring and assessing entity’s performance
             (1)  In preparing the annual performance statements for a Commonwealth entity for a reporting period, the accountable authority of the entity must measure and assess the entity’s performance in achieving the entity’s purposes in the reporting period in accordance with the method of measuring and assessing the entity’s performance in the reporting period that was set out in the entity’s corporate plan that was prepared for the reporting period.
Note:          Annual performance statements for a Commonwealth entity must be prepared for a reporting period for the entity and included in the entity’s annual report for that reporting period (see subsection 39(1) of the Act).
Matters that must be included in annual performance statements
             (2)  The following table sets out the matters that must be included in the annual performance statements for a Commonwealth entity:
 
Matters to be included in a Commonwealth entity’s annual performance statements

Item
Topic
Matters to be included

1
Statements
The following:
(a) a statement that the performance statements are prepared for paragraph 39(1)(a) of the Act;
(b) a statement specifying the reporting period for which the performance statements are prepared;
(c) a statement that, in the opinion of the accountable authority of the entity, the performance statements:
(i) accurately present the entity’s performance in the reporting period; and
(ii) comply with subsection 39(2) of the Act.

2
Results
The results of the measurement and assessment referred to in subsection (1) of this section of the entity’s performance in the reporting period in achieving its purposes.

3
Analysis
An analysis of the factors that may have contributed to the entity’s performance in achieving its purposes in the reporting period, including any changes to:
(a) the entity’s purposes, activities or organisational capability; or
(b) the environment in which the entity operated;
that may have had a significant impact on the entity’s performance in the reporting period.

Division 3—Audit Committee for Commonwealth entities
2  Division 2 of Part 2‑3 (heading)
Repeal the heading, substitute:
Division 4—Special reporting requirements
3  Before section 28
Insert:
27A  Corporate plan for Commonwealth companies
Guide to this section
The purpose of this section is to provide that the requirements in section 16E of this rule relating to corporate plans for Commonwealth entities also apply to corporate plans for Commonwealth companies.
This section is made for section 95 of the Act.
             (1)  Section 16E of this rule (which is about corporate plans for Commonwealth entities) applies to a Commonwealth company in the same way as it applies to a Commonwealth entity.
             (2)  For the purposes of subsection (1):
                     (a)  a reference in section 16E to the accountable authority of the entity is taken to be a reference to the governing body of the company; and
                     (b)  a reference in paragraph (c) of item 4 of the table in subsection 16E(2) to the entity’s annual performance statements for each reporting period covered by the plan is taken to be a reference to the company’s annual report for each reporting period covered by the plan.
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