Financial Accountability Act 2009

The Act relies upon several carefully defined concepts that structure Queensland’s public financial framework. Public moneys and public property are declared to be the property of the State (s3). The consolidated fund continues in existence from the repealed Act (s16). The Treasurer must keep a consolidated fund account comprising an operating account and an investment account (s17(1)). All moneys received from accountable officers must be recorded in the operating account, including all administered receipts, repayments of advances or loans, and amounts required to be paid into the consolidated fund (s17(2)). Expenditure from the consolidated fund is limited to what is authorised under the Act, an appropriation Act, or another Act that appropriates public moneys, plus refunds of incorrect amounts (s17(3)). The Treasurer’s consolidated fund bank account must be maintained at a bank, with all public moneys received by the Treasurer paid daily to its credit (s18(1)-(2)). Withdrawals are restricted to recouping or advancing moneys to departmental financial institution accounts under an appropriation or another Act, paying amounts under section 34 (Treasurer’s advance), making investments under section 50, and refunding incorrect payments (s18(3)). Department is defined broadly to include departments of government under the Public Sector Act 2022, s10, entities for which an accountable officer is appointed under s65(2) or prescribed under s65(3), the Office of the Governor, and the Legislative Assembly and parliamentary service (s8(1)). An entity is part of a department if it represents the State, is established under an Act, or is established for a purpose connected with the government of the State, and its expenditure is payable wholly or partly out of consolidated fund payments or controlled receipts of the department (s8(3)). However, a corporation registered under the Corporations Act is excluded from the entity definition (s8(6)). A statutory body is an entity established under an Act that has control of funds and whose governing body includes at least one member appointed or approved by the Governor in Council or a Minister (s9(1)). Excluded from being a statutory body are departments, parts of departments, local governments, and entities prescribed under another Act (s9(2)). If an establishing Act states the entity is a statutory body for the Financial Accountability Act, it is a statutory body and is not part of a department despite s8(3) (s9(3)). Administered receipts are public moneys received by a department that are not controlled receipts (s7(1)). Controlled receipts are defined exhaustively and include fees or charges fixed by the accountable officer, Commonwealth financial assistance under s96 of the Constitution for recurrent expenses if the department is responsible for conditions, bequests and donations, proceeds of asset disposal that must be recorded in the department’s balance sheet, amounts paid into departmental financial institution accounts under investment provisions, reimbursements, amounts recorded as liabilities, and certain payments from the Treasurer (s7(2)). An annual appropriation Act may prescribe that a particular receipt is either an administered or controlled receipt for a financial year (s7(3)). Vote refers to the total amount appropriated for a department under an annual appropriation Act (s29(1)), and each department’s vote is allocated to headings for departmental services, administered items, and equity adjustments (s20, s33). Further 2 weeks means the period of two weeks after the end of a financial year within which certain payments from the available amount may still be made (s29(1), s37(3)). Financial and performance management standards are subordinate legislation made by the Treasurer about policies and principles to be observed in financial and performance management and may include a non-binding commentary (s57(1)-(3)). Accountable officers and statutory bodies must comply with these standards (s57(4)). The term prescribed requirements is used throughout the Act to refer to requirements set out in regulations, financial and performance management standards, or other instruments under the Act (see s7(2), s69(1), s62(1)). The accountable officer is the chief executive for most departments (s65(1)), but the Treasurer may appoint accountable officers for other public service entities or entities that represent the State, are established under an Act, or have a purpose connected with government and whose expenditure is payable from consolidated fund or departmental controlled receipts (s65(2)). The Clerk of the Parliament is the accountable officer for the Legislative Assembly and parliamentary service (s66(1)), and the official secretary for the Office of the Governor (s67(1)). The chief finance officer and head of internal audit are mandatory appointments for each department with specified minimum responsibilities including financial internal controls, budget management, and risk assessment (s77, s78).

The Act directly applies to the Premier, who must prepare and table a statement of the government’s broad community objectives (s10) and table ministerial office expense reports (s13, s15). The Treasurer has central responsibilities: preparing the charter of fiscal responsibility (s11), keeping and accounting for the consolidated fund (s16-s20), preparing quarterly and annual consolidated fund reports (s22-s23), preparing consolidated whole-of-government financial statements (s25), presenting appropriation bills (s27), making financial and performance management standards (s57), granting exemptions from standards (s59), approving exercises of powers by departments (s40-s44), investing public moneys (s50-s52), borrowing for the State (s55), and delegating powers to treasury officers or to QIC and QTC officers (s48). The under-Treasurer and the most senior officer of the department responsible for preparing the consolidated whole-of-government financial statements must sign and certify those statements (s25(3)). Accountable officers of departments bear the greatest operational burden. Their functions include achieving value for money, establishing and maintaining systems of internal control and risk management, establishing and keeping funds and accounts, ensuring annual financial statements are prepared, certified and tabled, and undertaking planning and budgeting (s61). They must prepare annual departmental budgets and give them to the appropriate Minister (s68), establish departmental accounts (s69), and if administering an Act that establishes a fund requiring special purpose accounts, establish those special purpose accounts separately (s69A). They must nominate and delegate to a chief finance officer and a head of internal audit (s77, s78). They face personal liability provisions for losses or deficiencies in public moneys advanced to or under the control of their officers or employees (s73) and for loss or destruction of public property in the care of those officers or employees (s74). Statutory bodies have similar functions under the Act (s60) and must comply with financial and performance management standards (s57(4)), prepare annual financial statements and annual reports (s62-s63), and obtain Treasurer’s approval for divesting gifted or bequeathed investments unless exempted by the Treasurer (s64). Departments are subject to restrictions on forming or becoming a member of a company (s88), on making investments or lending (s87), and on entering into derivative transactions (s85). A department that takes over administration of a derivative transaction from another department does not need new approval (s85(3)). Officers and employees of departments can be personally liable to the State for losses, deficiencies, or property damage; the loss or deficiency is a debt due to the State recoverable by action in a court (s73(2), s74(2)). A defence exists if the person proves the loss or deficiency was not caused or contributed to by a failure to fulfil duties (s73(3), s74(3)). The Auditor-General plays a key role: auditing the full year report on ministerial office expenses (s14), auditing the consolidated fund financial report (s23(4)-(5)), auditing the consolidated whole-of-government financial statements (s25(4)-(5)), and auditing annual financial statements of departments and statutory bodies under the Auditor-General Act 2009 (s62(1)(c)). The Queensland Investment Corporation and Queensland Treasury Corporation may receive delegated investment powers from the Treasurer (s48(3)(b)) and are approved counterparties for investment (s50(4)(d)). The Clerk of the Parliament and the official secretary are accountable officers for their respective entities (s66, s67). The Act also affects public service employees of the treasury department during election periods, prohibiting them from giving comments or cost estimates on policy proposals of political parties or candidates except to other treasury employees or as authorised under another Act (s89). Entities such as local governments, professional oversight bodies (e.g., Queensland Law Society, Board of Professional Engineers), universities, and statutory bodies in which a local government participates are excluded from certain parts of the Act (s9(2), s88E). The Governor in Council has roles including authorising unforeseen expenditure on the Treasurer’s recommendation (s35), approving investments in securities not otherwise listed (s50(4)(e)-(g)), and approving special payments to accountable officers (s72(2)).

The Act imposes a series of duties on Ministers, accountable officers, statutory bodies, and public officials, while also conferring certain rights and powers. The Premier must from time to time prepare and table in the Legislative Assembly a statement of the government’s broad community objectives, including arrangements for regular reporting to the community (s10(1)-(2)). The Treasurer must prepare and table a charter of fiscal responsibility detailing fiscal objectives and the supporting fiscal principles, and report regularly on outcomes against those objectives (s11(1)-(3)). The Treasurer must keep ledger accounts for the consolidated fund (s17(1)), keep a consolidated fund bank account at a bank (s18(1)), ensure all public moneys received are paid daily to that account (s18(2)), and prepare quarterly statements and the consolidated fund financial report (s22-s23). The Treasurer must prepare consolidated whole-of-government financial statements within six months after the end of each financial year (s25(1)-(2)), and these must be signed and certified by the Treasurer, under-Treasurer, and the most senior officer of the responsible department (s25(3)). The Treasurer has the power to borrow amounts for the State within Australia or overseas (s55(1)-(2)), to invest public moneys in specified securities, loans, deposits, and derivatives (s50(4)), and to make financial and performance management standards (s57(1)). The Treasurer may write off losses relating to the consolidated fund account (s21) and may delegate particular powers to treasury officers or to officers of QIC and QTC (s48(1)-(3)). The Treasurer also has the right to require information from accountable officers and statutory bodies for whole-of-government budgeting or monitoring purposes (s26(2)-(4)). Accountable officers must prepare an annual departmental budget and give it to the appropriate Minister for tabling with the State budget (s68(1)-(2)). They must establish departmental accounts in accordance with prescribed requirements (s69(1)), and if administering an Act that establishes a fund requiring special purpose accounts, establish those special purpose accounts (s69A(2)). They must nominate a chief finance officer and delegate to that officer minimum responsibilities including financial resource management, budget management, preparation of annual financial statements, and advice on financial implications and risks (s77(1)). They must similarly nominate and delegate to a head of internal audit responsibilities for assessment of systems and assistance in risk management (s78(1)). They must prepare and give the annual financial statements and a statement on internal controls to the chief finance officer each financial year (s77(2)). Accountable officers must comply with financial and performance management standards (s57(4)). They may write off losses relating to departmental accounts and authorise special payments (s72(1)-(2)). Subject to Treasurer’s approval, they may borrow for the State (s71), arrange overdrafts (s84), and enter into derivative transactions to hedge risk (s85(2)(b)). Accountable officers must pay all public moneys and non-public moneys received to the credit of a departmental financial institution account (s83(2)), and pay administered receipts to the Treasurer at periods and times decided by the Treasurer (s83(3)). They must ensure that payments from departmental financial institution accounts are only under the prescribed requirements (s83(7)-(8)). Statutory bodies have equivalent functions under s61, including achieving reasonable value for money, establishing internal controls, keeping funds and accounts, ensuring annual financial statements are prepared and audited, and undertaking appropriate planning and budgeting. They must comply with financial and performance management standards (s57(4)). They may apply to the Treasurer for specific approvals (s41). A statutory body may divest itself of a gifted or bequeathed investment only with the Treasurer’s approval, unless the Treasurer exempts it on the basis that it has appropriate divestment procedures (s64). Departments have the right to apply for Treasurer’s specific approvals (s41(1)), including for the exercise of powers under the Act such as making investments, lending, entering derivative transactions, forming companies, or arranging overdrafts. A department may also apply for amendment or repeal of a specific approval (s44(1)). Officers and employees are entitled to raise a defence to personal liability for loss or deficiency of moneys by proving the loss was not caused by their failure to fulfil duties (s73(3)), or for property damage by proving they took reasonable steps to prevent the loss or damage (s74(3)). The Clerk of the Parliament and the official secretary are accountable officers with the same duties under the Act as other accountable officers, but with recognition that this does not limit the role of the Speaker or Governor respectively (s66(2), s67(2)). The Act also creates a right of the State to recover amounts from officers and employees under sections 73 and 74, without affecting the State’s other rights of recovery, though the State cannot recover twice in relation to the same loss (s75).

The Act creates specific offences and enforcement mechanisms, though the primary enforcement tool is the personal liability provisions for public officials rather than criminal penalties. False or misleading documents: a person must not, under section 41 or 42 (applications for Treasurer’s specific approval or documents/information required by the Treasurer), give the Treasurer a document containing information the person knows is false or misleading in a material particular. The maximum penalty is 50 penalty units (s46(1)). A defence exists if the person, when giving the document, advises the Treasurer in writing how the information is false or misleading and gives the correct information if they have or can reasonably obtain it (s46(2)). False or misleading information: separately, a person must not under section 42 (the Treasurer’s power to require documents or information) give the Treasurer information the person knows is false or misleading in a material particular. The maximum penalty is also 50 penalty units (s47). This offence does not have the same express defence as the document offence, though general principles of criminal responsibility would apply. Recovery of moneys from officers and employees: if a loss or deficiency occurs in respect of public moneys advanced to an officer or employee, or while public moneys or non-public moneys are under the control of an officer or employee, the loss or deficiency is a debt due to the State and may be recovered from the officer or employee by action in a court of competent jurisdiction (s73(1)-(2)). It is a defence if the person proves the loss or deficiency was not caused or contributed to by a failure to fulfil any duty in relation to the moneys, including duties under the prescribed requirements (s73(3)). Public moneys or non-public moneys are taken to be under the control of an officer or employee if they have been received by or come into the custody of the officer or employee and have not been paid as required (s73(4)). Recovery of value of property: if loss, destruction, or damage occurs to public property or other property while in the care of an officer or employee, the value of the property lost or destroyed or the cost of repair is a debt due to the State, recoverable from the officer or employee in whose care it was, or from any other officer or employee whose negligence or misconduct caused or contributed to the loss (s74(1)-(2)). The defence requires proving the loss was not caused or contributed to by a failure to take reasonable steps to prevent it (s74(3)). Where negligence or misconduct was not the sole cause, the court may order an amount it considers just and equitable having regard to the officer’s or employee’s contribution (s74(4)-(5)). Property is taken to be in the care of an officer or employee if delivered to them and not returned to a person entitled to receive it on behalf of the State (s74(6)). The State’s right to recover under these sections does not affect any other right of recovery, but double recovery for the same loss is prohibited (s75). Regulations: the Governor in Council may make regulations under the Act, and regulations may create offences and prescribe penalties of not more than 5 penalty units (s90). This is a broad power subject to the penalty cap. Chief finance officer and head of internal audit: while not directly penalised, failure to comply with the mandatory nomination and delegation requirements (s77, s78) would likely be a breach of the Act and could lead to administrative consequences or be a matter of audit comment. Non-compliance with financial and performance management standards: accountable officers and statutory bodies must comply with the provisions of a standard that apply to them (s57(4)). Non-compliance would be a breach of the Act, but no specific penalty is prescribed for such non-compliance in this section. However, a standard is subordinate legislation (s57(5)), and if the standard itself creates an offence within the 5 penalty unit limit, that offence would be enforceable. Election period restrictions: the Act does not state a penalty for breach of s89 (treasury employees giving comments or cost estimates during the election period). The section simply provides that the employee may not give such comments or estimates. Breach would likely be dealt with under the Public Sector Act 2022 or as misconduct. Print requirement non-compliance: failure to publish information online under Part 5A does not affect the validity of a notice, instrument or other document (s88G). This means the consequence of non-compliance is not invalidity but could be a breach of the Act.

The Act both replaces and interacts with several other Queensland and Commonwealth statutes. Repeal: the Financial Administration and Audit Act 1977 is repealed (s91). References to that repealed Act in other Acts or documents may, if the context permits, be taken as references to the Financial Accountability Act 2009 (s93). The Public Sector Act 2022 is directly referenced: a department includes a department of government under that Act s10 (s8(1)(a)), and the chief executive of such a department is the accountable officer (s65(1)). The Treasurer may appoint accountable officers for public service entities mentioned in the Public Sector Act 2022 s9(b) (s65(2)(a)). A regulation may prescribe the accountable officer of an entity, and then s65(1) does not apply even if the entity is a department of government under the Public Sector Act (s65(4)). The delegation provision s76(2) overrides the Public Sector Act 2022 s282(3) by providing that a function delegated under s76(1) may not be subdelegated. The Auditor-General Act 2009 is central: the chief executive of the department in which that Act is administered prepares ministerial office expense reports (s12(1)). The auditor-general must report on the full year report of ministerial offices (s14). Annual financial statements of departments and statutory bodies must be audited as required under the Auditor-General Act 2009 (s62(1)(c)). The Human Rights Act 2019 is referenced: the annual report of an accountable officer or statutory body must include particular information relating to human rights required by that Act s97 (s63(1) note). The Electoral Act 1992 applies alongside s89, which prohibits treasury employees from giving comments or cost estimates during the election period on policy proposals of political parties or candidates, unless authorised under another Act (s89(4)). The Commonwealth Constitution s96 is relevant to the definition of controlled receipt: financial assistance for recurrent expenses granted to the State under that section is a controlled receipt if subject to conditions the department is responsible for complying with (s7(2)(b)). The Corporations Act (Cth) is referenced to exclude a corporation registered under that Act from the definition of entity in s8 for the purposes of being part of a department (s8(6)). The Government Owned Corporations Act 1993 defines the tax equivalents manual under s129, which is used to calculate tax equivalent payments for business units within departments (s70(6)). The Planning Act 2016 and its regulations are relevant to the print requirement exemption: information may be published in print if the print requirement under a planning regulation expressly applies to development for public housing (s88K(1)(e)). The Public Trustee Act 1978 s6 defines the public trustee for the purposes of the exemption for publication relating to administration of estates or unclaimed property (s88K(1)(c)-(d)). The Queensland Treasury Corporation Act is indirectly relevant: the Treasurer may delegate powers under s50 or s53(5) to officers of the Queensland Treasury Corporation (s48(3)(b)). Appropriation Acts are a key interface: the Act defines annual appropriation Acts, both ordinary and parliamentary (s6), and provides for their operation including supply before enactment (s31-s32), variation of headings (s33), lapse of appropriations (s29(3)), and contingency through the Treasurer’s advance (s34) and unforeseen expenditure (s35). Other Acts that establish funds may create special purpose accounts requiring separate accounts under s69A (inserted in 2020). Those special purpose accounts are not departmental accounts and are not part of departmental financial institution accounts (s83A). Australian Accounting Standards are incorporated by reference: the consolidated whole-of-government financial statements must be prepared under prescribed requirements and must include statements for the general government sector defined using Australian Accounting Standard AASB 1049 (s25(6)). The definition of prescribed accounting standards in s59(6) refers to documents published by the Australian Accounting Standards Board. National scheme laws are excluded from the Part 5A online publication requirement: a print requirement imposed under a national scheme law does not need to be published online under s88F (s88C(3)(c)). The repealed Act provisions continue in effect for some transitional matters: the Treasurer’s unclaimed moneys fund continued under the repealed Act s46 until 30 June 2010 (s97(1)). The Queensland future growth fund was closed and its balance transferred to the consolidated fund upon the repeal of the Future Growth Fund Act 2006 (s98). The Act also preserves the corporation sole of The Treasurer of Queensland, originally constituted under the repealed Act s43 (s53(1)).

The Act as originally enacted in 2009 has been amended by multiple later Acts. The commencement provisions (s2) provided that sections 77 and 78 (chief finance officer and head of internal audit) commenced on 1 July 2009, and the remaining provisions commenced on a date to be fixed by proclamation. The first amendment was by the Revenue and Other Legislation Amendment Act 2010 No. 26, s68, which amended s97 relating to the Treasurer’s unclaimed moneys fund (the fund closed on 1 July 2010). In 2011, the Financial Accountability and Other Legislation Amendment Act 2011 No. 24, sections 34 and 35 amended s62 (adding definitions for final financial statements, abolished departments and statutory bodies) and s66 (clarifying the Clerk of the Parliament as accountable officer and that this does not limit the Speaker’s role). The Revenue Amendment and Trade and Investment Queensland Act 2013 No. 28, s28 inserted a new Part 7, Division 3 (s98) to close the Queensland future growth fund upon repeal of the Future Growth Fund Act 2006. The Revenue and Other Legislation Amendment Act 2013 No. 39, sections 3 to 5 amended s22 (quarterly statement requirements to include comparative figures and publication on website), s48 (delegation powers updated), and s61 (functions of accountable officers and statutory bodies updated). The Parliamentary Service and Other Legislation Amendment Act 2015 No. 3, s3 amended s66 (further clarification of the Clerk’s role). The Civil Proceedings and Other Legislation Amendment Act 2015 No. 4, sections 53 to 58 made several amendments: s48 (delegation of investment powers to QIC and QTC), s53 (corporation sole powers, including derivative transactions), s78 (head of internal audit responsibilities), s85 and s86 (derivative transactions - departments may enter in own name or via agent, and reporting requirements), and inserted a new s88A (transfer of involvement in a company between departments following machinery of government change). The Transport and Other Legislation Amendment Act 2015 No. 20, s5 amended s71 (borrowings by accountable officers, adding “under a Treasurer’s approval”). The Human Rights Act 2019 No. 5, s137 amended s63 (annual reports) to include a note about information relating to human rights that must be included. The Financial Accountability and Other Legislation Amendment Act 2020 No. 29, sections 17 to 21 inserted a new s69A (special purpose accounts) and amended s69, s51 (dealing with investment earnings), s83 (departmental banking arrangements), and inserted a new s83A (special purpose financial institution accounts). The Justice and Other Legislation Amendment Act 2021 No. 12, s219 inserted a new Part 5A (sections 88B to 88L) requiring online publication in place of print for Ministers, accountable officers, and statutory bodies, with exemptions. Section 88L had an expiry of 2 June 2023. The Public Sector Act 2022 No. 34, s365 schedule 3 updated references throughout the Act from the Public Service Act 2008 to the Public Sector Act 2022, affecting sections 8, 65, and 76. The Act’s schedule of amendments also notes amendments by the 2011 Act to s66 (adding s66(2)) and s62 (adding definitions). The 2015 No. 4 Act also amended s78(1) and s86. The Act’s transitional provisions in Part 7, Division 2 address the transition from the repealed Act, including references to the repealed Act (s93), references to the Treasury investment suspense account (s94), lapse of exemptions from financial management standards (s95), closure of continuing funds (s96), and continuance of the Treasurer’s unclaimed moneys fund until 30 June 2010 (s97).

The Act itself does not refer to any specific cases or litigation. The text of the Act as provided contains no mention of any court decisions, judgments, or litigation history. The Act is primarily an administrative and financial governance statute, and disputes under it are likely to arise in the context of recovery actions by the State against officers and employees under sections 73 and 74 (recovery of moneys and property value). Those sections create statutory debts due to the State enforceable by action in a court of competent jurisdiction. The defences provided - that the loss was not caused or contributed to by the person’s failure to fulfil duties (s73(3)) or failure to take reasonable steps (s74(3)) - are likely to be litigated in circumstances where the State seeks to recover from public officials. However, the source does not cite any cases, and the analyst is not to invent cases, statistics, or doctrine. The Act has been amended several times (see Amendment history above), but no amending Act references any court decisions. The transitional provisions deal with the closure of funds and continuation of the repealed Act’s effect for specific purposes, but do not reference litigation. It is notable that the Act creates offences for false or misleading documents and information (s46, s47) with a maximum penalty of 50 penalty units. Prosecutions under these provisions would be heard in Magistrates Court and could generate case law on the meaning of “material particular” and the defence in s46(2). Similarly, the personal liability provisions may be tested in proceedings to determine the scope of “failure by the person to fulfil any of the person’s duties in relation to the moneys including the person’s duties under the prescribed requirements” (s73(3)). The provisions on electronic publication (Part 5A) were inserted in 2021 and may generate disputes about what constitutes “publication on a website” or “can be accessed using a search function on the website” (s88F(3)), though the Act provides that non-compliance does not affect validity of instruments (s88G). The analyst can only report that the source does not contain any litigation history, and no cases are cited in the Act.

Several provisions in the Act present traps for the unwary. Unforeseen expenditure requires Governor in Council decision on the recommendation of the Treasurer; it cannot be authorised by the Treasurer alone (s35(1)-(2)). The authority must be given during the financial year or within a further four weeks (s35(1)). This is a narrow window. Overdrawn accounts: if the net credit balance of the Treasurer’s consolidated fund bank account and all departmental financial institution accounts is unintentionally overdrawn, the overdrawing is authorised by section 19 and no Treasurer’s approval is needed, but it must be rectified as soon as practicable (s19(1)-(3)). This applies despite section 18 which restricts withdrawals. However, if the overdraft is intentional, it would not be authorised by s19. Lapsing of appropriations: if the total amount appropriated for a department is not paid to the department in the financial year or within the further two weeks, the unpaid amount lapses (s29(3)). This means that any unspent appropriation cannot be carried over without specific authority (e.g., s79 for machinery of government changes). The further two weeks is strictly limited. Wrongful use of controlled receipts: a department may retain its controlled receipts (s28(1)), and the consolidated fund is appropriated for application to the department’s services in an amount equal to its controlled receipts for the financial year (s28(2)). But this does not include controlled receipts mentioned in s7(2)(i) (payments from the Treasurer under appropriation Acts, supply statements, or unforeseen expenditure) (s28(3)). So amounts received from the Treasurer cannot be treated as retained controlled receipts. Personal liability for losses: any officer or employee can be personally liable for a loss or deficiency in public moneys advanced to them or under their control (s73(1)-(2)). The defence reverses the onus of proof: the person must prove the loss was not caused or contributed to by their failure to fulfil duties (s73(3)). Similarly for property loss - the defence requires proving failure to take reasonable steps (s74(3)). The definition of “under the control” is broad: moneys that have been received by or come into the custody of the officer or employee and have not been paid as required (s73(4)). This can catch lower-level employees who have custody but are not at fault. Recovery from multiple officers: for property damage caused by negligence or misconduct of an officer or employee, the State can recover from the officer in whose care the property was at the time, or from any other officer or employee whose negligence or misconduct caused or contributed (s74(2)(a)-(b)). If the negligence was not the sole cause, the court can order a just and equitable amount having regard to contribution (s74(4)-(5)). Election period restraint: section 89 applies to any public service employee of the treasury department during the election period for a general election. The prohibition on giving comments or cost estimates relating to policy proposals of a political party or candidate to anyone other than another treasury employee is absolute unless specifically authorised under another Act. This applies in the employee’s official capacity. It does not appear to require that the comments be made publicly; even private oral comments to a colleague outside the treasury department could be a breach. The penalty for breach is not stated in s89, but it would likely be misconduct under the Public Sector Act. Print requirement default to online: Part 5A (inserted 2021) requires that information that is the subject of a print requirement must be published online, not in print, unless an exemption applies (s88F(1)-(2)). The exemptions are limited: regional newspapers (s88H), public health and safety (s88I), requirement to display at a place or send to an address (s88J), and certain court/tribunal, public trustee, and planning matters (s88K). There is no general exemption for convenience or cost. The definition of “print requirement” is broad and includes any provision requiring or allowing publication in print, including newspaper advertisements (s88D). This section applies despite the State law under which the print requirement is imposed (s88F(6)). Special purpose accounts are not departmental accounts: if an Act establishes a fund requiring special purpose accounts, those accounts are not departmental accounts and the banking arrangements for them (special purpose financial institution accounts) are not departmental financial institution accounts (s69A(3), s83A(4)). This means the ordinary rules for departmental accounts (such as payment of administered receipts to the Treasurer under s83(3)) do not apply to special purpose accounts. Derivative transactions: a department may enter into a derivative transaction only if the Treasurer’s approval has been given and the transaction is to hedge against a risk to which the department is or will be exposed (s85(2)). Speculation is not permitted. The Treasurer’s corporation sole may enter into derivative transactions only to hedge against a risk to which the State is or will be exposed (s53(6)). The restrictions on investment powers in s54 apply: nothing in the Act authorises investment contrary to another Act, agreement, court order, or transaction applying to the account. Company formation: a department may form, become a parent entity, or become a member of a company only under a Treasurer’s approval, and the Treasurer may only give the approval if the department has developed a business case that satisfies the Treasurer that a company is the appropriate vehicle (s88(1)-(2)). A department that takes over such involvement from another department due to a machinery-of-government change must within four months apply for a new Treasurer’s approval and may continue as a member only under that approval (s88A). Treasurer’s advance: if an amount is included in the vote for the treasury department for purposes that may be delivered by any department, the Treasurer may pay part of that advance to a delivering department even if the delivering department’s appropriation will be exceeded (s34(1)-(3)). This cannot be used to increase the treasury department’s own vote beyond its appropriation. Write-off of losses: the Treasurer may write off losses relating to the consolidated fund account (s21). Accountable officers may write off losses relating to departmental accounts (s72(1)(a)). However, special payments to an accountable officer require Governor in Council approval (s72(2)). This suggests that a special payment to the accountable officer themselves cannot be authorised by that officer. Quarterly statements: the quarterly statement for the fourth quarter is the consolidated fund financial report and must include additional information such as lapsed appropriations and amounts written off (s23(2)). Missing the deadline for giving the report to the auditor-general can be extended only if the Treasurer considers there is a whole-of-government reason that makes it impracticable to meet the original agreed date (s24(3)). The extension must still allow audit completion within six months after the end of the financial year (s24(4)). False or misleading information: the offence in s47 (false or misleading information) does not have the same express defence as s46 (false or misleading documents). A person giving information under s42 who knows it is false or misleading in a material particular commits an offence of 50 penalty units, with no statutory defence of correction. This asymmetry is notable.

Compliance with the Financial Accountability Act 2009 requires a systematic approach by all departments and statutory bodies. The following steps are derived from the Act. 1. Appoint key officers: Each accountable officer must nominate a chief finance officer and a head of internal audit (s77(1), s78(1)). These nominations must be for appropriately qualified persons, and the accountable officer must delegate to them the minimum responsibilities prescribed: for the CFO, financial resource management, budget management, preparation of annual financial statements, advice on systems and risks, and strategic options (s77(1)(b)); for the head of internal audit, assessment and evaluation of systems and processes, and assistance in risk management (s78(1)(b)). Regulations may prescribe qualifications (s77(4), s78(2)). The accountable officer should document these delegations and ensure the CFO and head of internal audit are able to carry out the responsibilities independently. 2. Establish and maintain accounts: The accountable officer must establish departmental accounts in accordance with prescribed requirements to account for all public moneys, public property, non-public moneys, and other resources administered or controlled (s69(1)). If administering an Act that establishes a fund requiring special purpose accounts, those accounts must be established separately (s69A(2)). The banking arrangements must be with approved financial institutions (s83(1)). Public moneys received must be paid to the credit of a departmental financial institution account (s83(2)). Administered receipts must be paid to the Treasurer at periods and times decided by the Treasurer (s83(3)). Special purpose financial institution accounts must be established for special purpose accounts with approved institutions (s83A(2)). 3. Prepare budgets and reports: The accountable officer must prepare an annual departmental budget and give it to the appropriate Minister for tabling with the State budget (s68). Annual financial statements must be prepared within the time stated in a financial and performance management standard, certified as complying with prescribed requirements, audited by the auditor-general, and included in the annual report (s62(1)). The annual report must also be prepared and given to the appropriate Minister for tabling (s63(1)-(2)). The annual report must include human rights information under the Human Rights Act 2019 s97 (s63(1) note). The CFO must give the accountable officer the annual financial statements and a statement on whether financial internal controls are operating efficiently, effectively, and economically (s77(2)-(3)). 4. Comply with financial and performance management standards: Accountable officers and statutory bodies must comply with the provisions of any standard made by the Treasurer under s57 that apply to them (s57(4)). Standards are subordinate legislation. If an exemption from compliance is sought, the accountable officer must apply to the Treasurer, who must consult the auditor-general and, if applicable, the Premier before granting an exemption (s59(1)-(3)). The exemption must be in writing and must state an end date or a review date, and conditions may be imposed (s59(2), (4)). If the exemption relates to prescribed accounting standards, the department or statutory body must disclose the extent and financial implications of non-compliance in its annual financial statements (s59(5)). 5. Obtain Treasurer’s approvals where required: Before a department makes an investment, lends amounts, arranges an overdraft, enters into a derivative transaction, or forms or becomes a member of a company, it must obtain a Treasurer’s approval (s87, s84, s85, s88). For investments, if the department has an express power under another Act, approval may not be needed (s87(3)(b)). Derivative transactions require both Treasurer’s approval for the type of transaction and that the transaction is for hedging (s85(2)). Company formation requires a business case that satisfies the Treasurer that a company is the appropriate vehicle (s88(2)). The approval process under Part 3 Division 4 allows for general approvals by gazette notice (s40) or specific approvals on application (s41-s43). Departments should check whether a Treasurer’s general approval covers their proposed activity before applying for a specific approval. 6. Manage banking and cash handling: All public moneys and non-public moneys must be kept at a financial institution, subject to exceptions for investments, securities, and foreign currency transactions with Treasurer’s approval (s81(1)-(2)). Accounts can be opened only under the Act (s82). Overdrafts require Treasurer’s approval (s84). Departments must forecast daily cash flow to the treasury department to avoid unintentional overdrafts (see s19 note). 7. Ensure online publication: Ministers, accountable officers, and statutory bodies must ensure that information subject to a print requirement is published online on the relevant website, a Queensland government website (with qld.gov.au URL), the electronic version of a newspaper, or another appropriate website (s88F(1)-(2), (7)). Print publication is only allowed if an exemption applies (s88H-s88K). The print requirement is taken to have been met if the online publication complies (s88F(5)). Non-compliance does not affect the validity of the instrument (s88G). 8. Handle losses and special payments: Losses relating to departmental accounts may be written off by the accountable officer (s72(1)(a)). Special payments from departmental accounts may be authorised by the accountable officer, but a special payment to the accountable officer requires Governor in Council approval (s72(1)(b), (2)). If a loss or deficiency occurs involving an officer or employee, the accountable officer should consider recovery action under s73 or s74. 9. Report to the Treasurer and Minister: Accountability requires regular reporting. The accountable officer must provide information to the Treasurer for whole-of-government purposes when requested (s26(2)-(4)). The derivative transactions must be reported to the appropriate Minister at times and with information required by the prescribed requirements, with a copy to the Treasurer or treasury employee (s86(1)-(4)). The Treasurer’s specific approvals register must be maintained by the treasury department and by each department or statutory body granted such an approval (s45(1)-(2)). 10. Treasury employees - election period caution: If you are a public service employee of the treasury department, do not give any oral or written comments or cost estimates relating to policy proposals of a political party or candidate during the election period for a general election, except to another treasury employee or as authorised under another Act (s89(1)-(3)). This applies regardless of how informal the comment may seem. 11. Transitional matters: If the department takes over administration of a derivative transaction from another department, it does not need a new approval to enter into the transaction, but must continue reporting (s85(3), s86(5)). If the department becomes responsible for a company due to a machinery-of-government change, it must apply for Treasurer’s approval within four months and may continue as a member only under that approval (s88A(2)-(3)).