Financial and Performance Management Standard 2019
In ForceQLD
Jurisdiction
Queensland
Act Number
182 of 2019
Collection
regulation
Plain English Summary
6/10 complexity
This Standard sets mandatory financial and performance management duties for Queensland government departments and statutory bodies. Mechanically, it requires accountable officers to establish and maintain governance, internal controls, planning and resource-management systems (revenue, expense, assets, cash, liabilities, contingencies, financial information and risk), internal audit and reporting arrangements, and rules for contract performance guarantees; it also prescribes timing and content for financial statements and annual reports (see sec.4, sec.11, sec.38–41). Departments bear compliance costs; accountable officers and the Treasurer make key decisions and face recurring administrative and audit obligations.
The Financial and Performance Management Standard 2019 prescribes the systems, processes and documentary material departments and statutory bodies must establish and maintain to deliver accountable financial and performance management. Mechanically, the standard does the following (selected, high‑level actions drawn from the text):
Gives a statutory purpose: to provide a framework enabling an accountable officer or statutory body to achieve reasonable value for money by establishing and maintaining systems, practices and controls for efficient, effective and economical financial and performance management (sec.4).
Requires an accountability architecture: a governance framework (sec.6), an internal control structure (sec.7), strategic and operational plans (sec.8) and a performance management system (sec.10).
Mandates a suite of resource‑management systems: revenue, expense, asset, cash, liability, contingency, financial information and risk management systems (sec.11); and requires regular review and reference to the financial accountability handbook (sec.11(2)-(3)).
Imposes financial documentation obligations: a financial management practice manual (sec.12), certification statements on annual and final financial statements (secs.38-39, 44-45), retention of records for special payments and losses (secs.15-17), and detailed rules on financial information systems (sec.22).
Creates internal assurance architecture: internal audit functions and charters, strategic and annual audit plans, reporting and consultation with authorised auditors and audit committees (secs.24-30).
Sets contract security rules: a standalone division setting minimum form and governance for contract performance guarantees (secs.31-35), including permitted providers and form of guarantees (secs.31, 33-35).
Current sections
Direct links to the current provisions in Financial and Performance Management Standard 2019.
95
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This standard may be cited as the Financial and Performance Management Standard 2019 .
sec.2
Commencement
sec.2 Commencement
This standard commences on 1 September 2019.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this standard.
sec.4
Purpose of standard
sec.4 Purpose of standard
The purpose of this standard is to provide a framework for a department’s accountable officer or a statutory body to achieve reasonable value for money by establishing and maintaining systems, practices and controls for the efficient, effective and economical financial and performance management of the department or statutory body.
A department’s accountable officer or a statutory body—
is not limited by this standard; and
must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body.
A department’s accountable officer or a statutory body may include matters in a system other than matters mentioned in this standard as elements of the system.
(sec.4-ssec.1) The purpose of this standard is to provide a framework for a department’s accountable officer or a statutory body to achieve reasonable value for money by establishing and maintaining systems, practices and controls for the efficient, effective and economical financial and performance management of the department or statutory body.
(sec.4-ssec.2) A department’s accountable officer or a statutory body— is not limited by this standard; and must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body. A department’s accountable officer or a statutory body may include matters in a system other than matters mentioned in this standard as elements of the system.
(a) is not limited by this standard; and
(b) must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body.
sec.5
Relationship with other documents
sec.5 Relationship with other documents
This section applies if a provision of this standard provides that, in particular circumstances, a department’s accountable officer, a statutory body or the Treasurer must have regard to another document.
The accountable officer, statutory body or Treasurer complies with the provision by—
considering the contents of the document; and
deciding whether the contents apply in the circumstances; and
if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents.
A copy of a document mentioned in this standard that is made, published or tabled in the Legislative Assembly by the Treasurer or the treasury department may be obtained from the head office of the treasury department in Brisbane or from the treasury department’s website.
(sec.5-ssec.1) This section applies if a provision of this standard provides that, in particular circumstances, a department’s accountable officer, a statutory body or the Treasurer must have regard to another document.
(sec.5-ssec.2) The accountable officer, statutory body or Treasurer complies with the provision by— considering the contents of the document; and deciding whether the contents apply in the circumstances; and if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents. A copy of a document mentioned in this standard that is made, published or tabled in the Legislative Assembly by the Treasurer or the treasury department may be obtained from the head office of the treasury department in Brisbane or from the treasury department’s website.
(a) considering the contents of the document; and
(b) deciding whether the contents apply in the circumstances; and
(c) if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents.
pt.2
Governance
Governance
pt.2-div.1
Governance frameworks and internal control structures
Governance frameworks and internal control structures
sec.6
Governance frameworks
sec.6 Governance frameworks
A department’s accountable officer or a statutory body must ensure a governance framework appropriate for the department or statutory body is established and maintained.
Governance, for a department or statutory body, is the way the department or statutory body manages the performance of its functions and operations.
Governance—
incorporates—
the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
includes the concepts of—
openness, integrity and accountability; and
due care; and
public defensibility; and
includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(sec.6-ssec.1) A department’s accountable officer or a statutory body must ensure a governance framework appropriate for the department or statutory body is established and maintained.
(sec.6-ssec.2) Governance, for a department or statutory body, is the way the department or statutory body manages the performance of its functions and operations.
(sec.6-ssec.3) Governance— incorporates— the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and includes the concepts of— openness, integrity and accountability; and due care; and public defensibility; and includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(a) incorporates— (i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and (ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
(ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(b) includes the concepts of— (i) openness, integrity and accountability; and (ii) due care; and (iii) public defensibility; and
(i) openness, integrity and accountability; and
(ii) due care; and
(iii) public defensibility; and
(c) includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
(ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(i) openness, integrity and accountability; and
(ii) due care; and
(iii) public defensibility; and
sec.7
Internal control structures
sec.7 Internal control structures
A department’s accountable officer or a statutory body must establish and maintain a cost-effective structure (an internal control structure ) to provide for the internal controls of the department or statutory body.
The internal control structure must—
strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and
include—
an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
If a risk management committee, internal audit function or audit committee is established for the department or statutory body, the internal control structure must provide for the efficient, effective and economical operation of the committee or function.
See also sections 23 , 24 and 30 .
In establishing and maintaining the internal control structure, the accountable officer or statutory body must have regard to—
the financial accountability handbook; and
the QGEA.
The internal control structure must be described in the financial management practice manual of the department or statutory body.
To the extent practicable, the internal control structure must provide for an appropriate separation of duties between officers of the department or the statutory body.
(sec.7-ssec.1) A department’s accountable officer or a statutory body must establish and maintain a cost-effective structure (an internal control structure ) to provide for the internal controls of the department or statutory body.
(sec.7-ssec.2) The internal control structure must— strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and include— an organisational structure and delegations that support the objectives and operations of the department or statutory body; and provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(sec.7-ssec.3) If a risk management committee, internal audit function or audit committee is established for the department or statutory body, the internal control structure must provide for the efficient, effective and economical operation of the committee or function. See also sections 23 , 24 and 30 .
(sec.7-ssec.4) In establishing and maintaining the internal control structure, the accountable officer or statutory body must have regard to— the financial accountability handbook; and the QGEA.
(sec.7-ssec.5) The internal control structure must be described in the financial management practice manual of the department or statutory body.
(sec.7-ssec.6) To the extent practicable, the internal control structure must provide for an appropriate separation of duties between officers of the department or the statutory body.
(a) strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and
(b) include— (i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and (ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and (iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
(ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
(iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
(ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
(iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(a) the financial accountability handbook; and
(b) the QGEA.
pt.2-div.2
Planning
Planning
sec.8
Strategic and operational plans
sec.8 Strategic and operational plans
A department’s accountable officer or a statutory body must develop—
a strategic plan for the department or statutory body; and
an operational plan for—
the whole of the department or statutory body; or
the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate.
business units, service areas, divisions
The strategic plan must cover a period of 4 years but may be reviewed or amended during the period.
The operational plan must cover a period of not more than 1 year.
In developing the strategic plan or operational plan, the accountable officer or statutory body must comply with the document called ‘Agency planning requirements’ prepared by the Department of the Premier and Cabinet.
A copy of the document is available on the Department of the Premier and Cabinet’s website.
The accountable officer or statutory body is responsible for implementing the strategic plan and operational plan for the department or statutory body.
This section does not apply to a department’s accountable officer in relation to an operation of the department that has been commercialised if the operation, or the department on behalf of the operation, has entered into an annual performance contract in accordance with the commercialisation document.
(sec.8-ssec.1) A department’s accountable officer or a statutory body must develop— a strategic plan for the department or statutory body; and an operational plan for— the whole of the department or statutory body; or the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. business units, service areas, divisions
(sec.8-ssec.2) The strategic plan must cover a period of 4 years but may be reviewed or amended during the period.
(sec.8-ssec.3) The operational plan must cover a period of not more than 1 year.
(sec.8-ssec.4) In developing the strategic plan or operational plan, the accountable officer or statutory body must comply with the document called ‘Agency planning requirements’ prepared by the Department of the Premier and Cabinet. A copy of the document is available on the Department of the Premier and Cabinet’s website.
(sec.8-ssec.5) The accountable officer or statutory body is responsible for implementing the strategic plan and operational plan for the department or statutory body.
(sec.8-ssec.6) This section does not apply to a department’s accountable officer in relation to an operation of the department that has been commercialised if the operation, or the department on behalf of the operation, has entered into an annual performance contract in accordance with the commercialisation document.
(a) a strategic plan for the department or statutory body; and
(b) an operational plan for— (i) the whole of the department or statutory body; or (ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory body— business units, service areas, divisions
(i) the whole of the department or statutory body; or
(ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory body— business units, service areas, divisions
(i) the whole of the department or statutory body; or
(ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory body— business units, service areas, divisions
pt.2-div.3
Performance management
Performance management
sec.9
Performance to be managed in accordance with policy document
sec.9 Performance to be managed in accordance with policy document
A department’s accountable officer or a statutory body must manage the performance of the department or statutory body in accordance with the document called ‘Queensland government performance management framework policy’ prepared by the Department of the Premier and Cabinet.
A copy of the document is available on the Department of the Premier and Cabinet’s website.
sec.10
Performance management systems
sec.10 Performance management systems
A department’s accountable officer or a statutory body must establish and maintain a system (a performance management system ) for—
obtaining information ( performance information ) to enable the accountable officer or statutory body to determine whether the department or statutory body is—
achieving the objectives stated in its strategic plan efficiently, effectively and economically; and
delivering the services stated in its operational plan to the standard stated in the plan; and
evaluating the achievement of the department’s or statutory body’s objectives.
Without limiting subsection (1) , the performance management system must—
identify, and state the roles and responsibilities of, persons responsible for the giving of performance information; and
require the persons to give the performance information to—
the accountable officer or statutory body at least once every 3 months; and
the appropriate Minister for the department or statutory body at least annually, and when the appropriate Minister asks for the performance information; and
assess the appropriateness of the department’s or statutory body’s objectives and the extent to which they have been achieved; and
assess the appropriateness of the services delivered by the department or statutory body to achieve its objectives and how efficiently, effectively and economically the services have been delivered; and
identify and assess potential ways to improve the efficiency, effectiveness and economy of the operations of the department or statutory body.
Subsection (2) (c) to (e) does not apply to a performance management system for the Queensland Audit Office.
In this section—
objectives , of a department or statutory body, means the objectives stated in the department’s or statutory body’s strategic plan.
Queensland Audit Office means the Queensland Audit Office established under the Auditor-General Act 2009 , section 6 (3) .
services , for a department or statutory body, means the services stated in the department’s or statutory body’s operational plan.
(sec.10-ssec.1) A department’s accountable officer or a statutory body must establish and maintain a system (a performance management system ) for— obtaining information ( performance information ) to enable the accountable officer or statutory body to determine whether the department or statutory body is— achieving the objectives stated in its strategic plan efficiently, effectively and economically; and delivering the services stated in its operational plan to the standard stated in the plan; and evaluating the achievement of the department’s or statutory body’s objectives.
(sec.10-ssec.2) Without limiting subsection (1) , the performance management system must— identify, and state the roles and responsibilities of, persons responsible for the giving of performance information; and require the persons to give the performance information to— the accountable officer or statutory body at least once every 3 months; and the appropriate Minister for the department or statutory body at least annually, and when the appropriate Minister asks for the performance information; and assess the appropriateness of the department’s or statutory body’s objectives and the extent to which they have been achieved; and assess the appropriateness of the services delivered by the department or statutory body to achieve its objectives and how efficiently, effectively and economically the services have been delivered; and identify and assess potential ways to improve the efficiency, effectiveness and economy of the operations of the department or statutory body.
(sec.10-ssec.3) Subsection (2) (c) to (e) does not apply to a performance management system for the Queensland Audit Office.
(sec.10-ssec.4) In this section— objectives , of a department or statutory body, means the objectives stated in the department’s or statutory body’s strategic plan. Queensland Audit Office means the Queensland Audit Office established under the Auditor-General Act 2009 , section 6 (3) . services , for a department or statutory body, means the services stated in the department’s or statutory body’s operational plan.
(a) obtaining information ( performance information ) to enable the accountable officer or statutory body to determine whether the department or statutory body is— (i) achieving the objectives stated in its strategic plan efficiently, effectively and economically; and (ii) delivering the services stated in its operational plan to the standard stated in the plan; and
(i) achieving the objectives stated in its strategic plan efficiently, effectively and economically; and
(ii) delivering the services stated in its operational plan to the standard stated in the plan; and
(b) evaluating the achievement of the department’s or statutory body’s objectives.
(i) achieving the objectives stated in its strategic plan efficiently, effectively and economically; and
(ii) delivering the services stated in its operational plan to the standard stated in the plan; and
(a) identify, and state the roles and responsibilities of, persons responsible for the giving of performance information; and
(b) require the persons to give the performance information to— (i) the accountable officer or statutory body at least once every 3 months; and (ii) the appropriate Minister for the department or statutory body at least annually, and when the appropriate Minister asks for the performance information; and
(i) the accountable officer or statutory body at least once every 3 months; and
(ii) the appropriate Minister for the department or statutory body at least annually, and when the appropriate Minister asks for the performance information; and
(c) assess the appropriateness of the department’s or statutory body’s objectives and the extent to which they have been achieved; and
(d) assess the appropriateness of the services delivered by the department or statutory body to achieve its objectives and how efficiently, effectively and economically the services have been delivered; and
(e) identify and assess potential ways to improve the efficiency, effectiveness and economy of the operations of the department or statutory body.
(i) the accountable officer or statutory body at least once every 3 months; and
(ii) the appropriate Minister for the department or statutory body at least annually, and when the appropriate Minister asks for the performance information; and
pt.2-div.4
Resource management
Resource management
sec.11
Systems for managing resources
sec.11 Systems for managing resources
A department’s accountable officer or a statutory body must establish and maintain the following systems (each a resource management system ) for efficiently, effectively and economically managing the resources of the department or statutory body—
a revenue management system;
an expense management system;
an asset management system;
a cash management system;
a liability management system;
a contingency management system;
a financial information management system;
a risk management system.
See also sections 13 , 14 and 18 to 23 .
The accountable officer or statutory body must regularly review each of the department’s or statutory body’s resource management systems to ensure the systems remain appropriate for managing the resources of the department or statutory body.
In establishing, maintaining or reviewing a resource management system, the accountable officer or statutory body must have regard to the financial accountability handbook.
(sec.11-ssec.1) A department’s accountable officer or a statutory body must establish and maintain the following systems (each a resource management system ) for efficiently, effectively and economically managing the resources of the department or statutory body— a revenue management system; an expense management system; an asset management system; a cash management system; a liability management system; a contingency management system; a financial information management system; a risk management system. See also sections 13 , 14 and 18 to 23 .
(sec.11-ssec.2) The accountable officer or statutory body must regularly review each of the department’s or statutory body’s resource management systems to ensure the systems remain appropriate for managing the resources of the department or statutory body.
(sec.11-ssec.3) In establishing, maintaining or reviewing a resource management system, the accountable officer or statutory body must have regard to the financial accountability handbook.
(a) a revenue management system;
(b) an expense management system;
(c) an asset management system;
(d) a cash management system;
(e) a liability management system;
(f) a contingency management system;
(g) a financial information management system;
(h) a risk management system.
sec.12
Financial management practice manuals
sec.12 Financial management practice manuals
A department’s accountable officer or a statutory body must prepare and maintain a financial management practice manual for use in the financial management of the department or statutory body.
The financial management practice manual—
must be prepared and maintained in accordance with a policy or procedure used by the department or statutory body to manage its resources under its resource management systems; and
may be in the form of separate policies, guidelines and other relevant material in hard copy or electronic format; and
may be in the form of processes that are built electronically into the resource management systems and must be followed by the department or statutory body.
See also section 7 (5) .
A person involved in the financial management of a department or statutory body must, subject to the Act or another law that applies to the financial management of the department or statutory body, comply with the financial management practice manual of the department or statutory body.
If a Minister is the appropriate Minister for more than 1 statutory body—
the appropriate Minister or a relevant entity for the statutory bodies may prepare and maintain a financial management practice manual (a standard manual ) for use in the financial management of the statutory bodies; and
the standard manual applies in relation to the statutory bodies unless the appropriate Minister decides it is not appropriate for it to apply.
In this section—
relevant entity , for statutory bodies, means—
the department administering the Act or Acts under which the statutory bodies were established; or
a statutory body assisting the appropriate Minister for the statutory bodies in administering the Act or Acts under which the statutory bodies were established.
(sec.12-ssec.1) A department’s accountable officer or a statutory body must prepare and maintain a financial management practice manual for use in the financial management of the department or statutory body.
(sec.12-ssec.2) The financial management practice manual— must be prepared and maintained in accordance with a policy or procedure used by the department or statutory body to manage its resources under its resource management systems; and may be in the form of separate policies, guidelines and other relevant material in hard copy or electronic format; and may be in the form of processes that are built electronically into the resource management systems and must be followed by the department or statutory body. See also section 7 (5) .
(sec.12-ssec.3) A person involved in the financial management of a department or statutory body must, subject to the Act or another law that applies to the financial management of the department or statutory body, comply with the financial management practice manual of the department or statutory body.
(sec.12-ssec.4) If a Minister is the appropriate Minister for more than 1 statutory body— the appropriate Minister or a relevant entity for the statutory bodies may prepare and maintain a financial management practice manual (a standard manual ) for use in the financial management of the statutory bodies; and the standard manual applies in relation to the statutory bodies unless the appropriate Minister decides it is not appropriate for it to apply.
(sec.12-ssec.5) In this section— relevant entity , for statutory bodies, means— the department administering the Act or Acts under which the statutory bodies were established; or a statutory body assisting the appropriate Minister for the statutory bodies in administering the Act or Acts under which the statutory bodies were established.
(a) must be prepared and maintained in accordance with a policy or procedure used by the department or statutory body to manage its resources under its resource management systems; and
(b) may be in the form of separate policies, guidelines and other relevant material in hard copy or electronic format; and
(c) may be in the form of processes that are built electronically into the resource management systems and must be followed by the department or statutory body.
(a) the appropriate Minister or a relevant entity for the statutory bodies may prepare and maintain a financial management practice manual (a standard manual ) for use in the financial management of the statutory bodies; and
(b) the standard manual applies in relation to the statutory bodies unless the appropriate Minister decides it is not appropriate for it to apply.
(a) the department administering the Act or Acts under which the statutory bodies were established; or
(b) a statutory body assisting the appropriate Minister for the statutory bodies in administering the Act or Acts under which the statutory bodies were established.
sec.13
Revenue management
sec.13 Revenue management
A department’s accountable officer or a statutory body—
must manage the revenue of the department or statutory body in accordance with the revenue management system established for the department or statutory body under section 11 (1) (a) ; and
may, subject to subsection (2) , fix charges for goods or services provided by the department or statutory body.
In deciding charges for goods or services provided by the department or statutory body, the accountable officer or statutory body must have regard to the document called ‘Principles for fees and charges’ published by the treasury department.
A copy of the document is available on the treasury department’s website.
Without limiting section 11 , the revenue management system must provide for—
the prompt identification, collection, management and recording of information about revenue; and
the timely writing-off of revenue.
(sec.13-ssec.1) A department’s accountable officer or a statutory body— must manage the revenue of the department or statutory body in accordance with the revenue management system established for the department or statutory body under section 11 (1) (a) ; and may, subject to subsection (2) , fix charges for goods or services provided by the department or statutory body.
(sec.13-ssec.2) In deciding charges for goods or services provided by the department or statutory body, the accountable officer or statutory body must have regard to the document called ‘Principles for fees and charges’ published by the treasury department. A copy of the document is available on the treasury department’s website.
(sec.13-ssec.3) Without limiting section 11 , the revenue management system must provide for— the prompt identification, collection, management and recording of information about revenue; and the timely writing-off of revenue.
(a) must manage the revenue of the department or statutory body in accordance with the revenue management system established for the department or statutory body under section 11 (1) (a) ; and
(b) may, subject to subsection (2) , fix charges for goods or services provided by the department or statutory body.
(a) the prompt identification, collection, management and recording of information about revenue; and
(b) the timely writing-off of revenue.
sec.14
Expense management
sec.14 Expense management
A department’s accountable officer or a statutory body must, in accordance with the expense management system established for the department or statutory body under section 11 (1) (b) , manage the expenses of the department or statutory body to achieve reasonable value for money.
Without limiting section 11 —
the expense management system must provide for—
the prompt identification, approval, management and recording of expenses; and
the timely paying of expenses; and
in establishing and maintaining the expense management system, the accountable officer or statutory body must comply with the following documents to the extent they apply to the accountable officer’s department or the statutory body—
the document called ‘Queensland procurement policy’ published by the Department of Housing and Public Works;
the document called ‘Queensland ministerial handbook’ published by the Department of the Premier and Cabinet.
A copy of each document is available on the relevant department’s website.
A department’s accountable officer must, in relation to the expenses of the department, implement systems for credit card facilities in accordance with the document called ‘Treasurer’s guidelines for the use of the Queensland government corporate purchasing card’ made by the Treasurer.
A copy of the document is available on the treasury department’s website.
In this section—
expenses , of a department or statutory body, include the costs to the department or statutory body of remunerating the employees of the department or statutory body.
(sec.14-ssec.1) A department’s accountable officer or a statutory body must, in accordance with the expense management system established for the department or statutory body under section 11 (1) (b) , manage the expenses of the department or statutory body to achieve reasonable value for money.
(sec.14-ssec.2) Without limiting section 11 — the expense management system must provide for— the prompt identification, approval, management and recording of expenses; and the timely paying of expenses; and in establishing and maintaining the expense management system, the accountable officer or statutory body must comply with the following documents to the extent they apply to the accountable officer’s department or the statutory body— the document called ‘Queensland procurement policy’ published by the Department of Housing and Public Works; the document called ‘Queensland ministerial handbook’ published by the Department of the Premier and Cabinet. A copy of each document is available on the relevant department’s website.
(sec.14-ssec.3) A department’s accountable officer must, in relation to the expenses of the department, implement systems for credit card facilities in accordance with the document called ‘Treasurer’s guidelines for the use of the Queensland government corporate purchasing card’ made by the Treasurer. A copy of the document is available on the treasury department’s website.
(sec.14-ssec.4) In this section— expenses , of a department or statutory body, include the costs to the department or statutory body of remunerating the employees of the department or statutory body.
(a) the expense management system must provide for— (i) the prompt identification, approval, management and recording of expenses; and (ii) the timely paying of expenses; and
(i) the prompt identification, approval, management and recording of expenses; and
(ii) the timely paying of expenses; and
(b) in establishing and maintaining the expense management system, the accountable officer or statutory body must comply with the following documents to the extent they apply to the accountable officer’s department or the statutory body— (i) the document called ‘Queensland procurement policy’ published by the Department of Housing and Public Works; (ii) the document called ‘Queensland ministerial handbook’ published by the Department of the Premier and Cabinet. Note— A copy of each document is available on the relevant department’s website.
(i) the document called ‘Queensland procurement policy’ published by the Department of Housing and Public Works;
(ii) the document called ‘Queensland ministerial handbook’ published by the Department of the Premier and Cabinet.
(i) the prompt identification, approval, management and recording of expenses; and
(ii) the timely paying of expenses; and
(i) the document called ‘Queensland procurement policy’ published by the Department of Housing and Public Works;
(ii) the document called ‘Queensland ministerial handbook’ published by the Department of the Premier and Cabinet.
sec.15
Records of special payments
sec.15 Records of special payments
A department’s accountable officer or a statutory body must keep a record of each special payment of the department or statutory body that is more than $5,000.
The record—
must include the following details about the special payment—
the day of the payment;
the recipient of the payment;
the reason for the payment;
the approval given for the payment; and
may include other details about the payment the accountable officer or statutory body considers relevant.
(sec.15-ssec.1) A department’s accountable officer or a statutory body must keep a record of each special payment of the department or statutory body that is more than $5,000.
(sec.15-ssec.2) The record— must include the following details about the special payment— the day of the payment; the recipient of the payment; the reason for the payment; the approval given for the payment; and may include other details about the payment the accountable officer or statutory body considers relevant.
(a) must include the following details about the special payment— (i) the day of the payment; (ii) the recipient of the payment; (iii) the reason for the payment; (iv) the approval given for the payment; and
(i) the day of the payment;
(ii) the recipient of the payment;
(iii) the reason for the payment;
(iv) the approval given for the payment; and
(b) may include other details about the payment the accountable officer or statutory body considers relevant.
(i) the day of the payment;
(ii) the recipient of the payment;
(iii) the reason for the payment;
(iv) the approval given for the payment; and
sec.16
Losses from offences or corrupt conduct
sec.16 Losses from offences or corrupt conduct
This section applies if a department’s accountable officer or a statutory body—
becomes aware of a loss of the department’s or statutory body’s property; and
considers the loss may be a result of—
an offence under the Criminal Code or another Act; or
corrupt conduct of an officer of the department or statutory body; or
conduct of a contractor, or a consultant, of the department or statutory body that would be corrupt conduct if it were the conduct of an officer of the department or statutory body.
The accountable officer or statutory body must keep a record of the following details about the loss—
a description of the property, including its value;
the reason for the loss;
an action taken in relation to the loss, including, for example—
an action taken to remedy a weakness in the internal control of the department or statutory body; or
an action taken to obtain reimbursement;
details of an approval for writing off the loss.
If the loss is a material loss, the accountable officer or statutory body must, as soon as practicable but not later than 6 months after the accountable officer or statutory body becomes aware of the loss, notify—
the appropriate Minister for the department or statutory body; and
the auditor-general; and
for a loss to which subsection (1) (b) (i) applies—a police officer; and
for a loss to which subsection (1) (b) (ii) applies—the Crime and Corruption Commission.
In this section—
contractor , of a department or statutory body, means a person who performs services for the department or statutory body under—
a contract between the person and the department or statutory body; or
an arrangement between the department or statutory body and another person.
corrupt conduct see the Crime and Corruption Act 2001 , section 15 .
(sec.16-ssec.1) This section applies if a department’s accountable officer or a statutory body— becomes aware of a loss of the department’s or statutory body’s property; and considers the loss may be a result of— an offence under the Criminal Code or another Act; or corrupt conduct of an officer of the department or statutory body; or conduct of a contractor, or a consultant, of the department or statutory body that would be corrupt conduct if it were the conduct of an officer of the department or statutory body.
(sec.16-ssec.2) The accountable officer or statutory body must keep a record of the following details about the loss— a description of the property, including its value; the reason for the loss; an action taken in relation to the loss, including, for example— an action taken to remedy a weakness in the internal control of the department or statutory body; or an action taken to obtain reimbursement; details of an approval for writing off the loss.
(sec.16-ssec.3) If the loss is a material loss, the accountable officer or statutory body must, as soon as practicable but not later than 6 months after the accountable officer or statutory body becomes aware of the loss, notify— the appropriate Minister for the department or statutory body; and the auditor-general; and for a loss to which subsection (1) (b) (i) applies—a police officer; and for a loss to which subsection (1) (b) (ii) applies—the Crime and Corruption Commission.
(sec.16-ssec.4) In this section— contractor , of a department or statutory body, means a person who performs services for the department or statutory body under— a contract between the person and the department or statutory body; or an arrangement between the department or statutory body and another person. corrupt conduct see the Crime and Corruption Act 2001 , section 15 .
(a) becomes aware of a loss of the department’s or statutory body’s property; and
(b) considers the loss may be a result of— (i) an offence under the Criminal Code or another Act; or (ii) corrupt conduct of an officer of the department or statutory body; or (iii) conduct of a contractor, or a consultant, of the department or statutory body that would be corrupt conduct if it were the conduct of an officer of the department or statutory body.
(i) an offence under the Criminal Code or another Act; or
(ii) corrupt conduct of an officer of the department or statutory body; or
(iii) conduct of a contractor, or a consultant, of the department or statutory body that would be corrupt conduct if it were the conduct of an officer of the department or statutory body.
(i) an offence under the Criminal Code or another Act; or
(ii) corrupt conduct of an officer of the department or statutory body; or
(iii) conduct of a contractor, or a consultant, of the department or statutory body that would be corrupt conduct if it were the conduct of an officer of the department or statutory body.
(a) a description of the property, including its value;
(b) the reason for the loss;
(c) an action taken in relation to the loss, including, for example— (i) an action taken to remedy a weakness in the internal control of the department or statutory body; or (ii) an action taken to obtain reimbursement;
(i) an action taken to remedy a weakness in the internal control of the department or statutory body; or
(ii) an action taken to obtain reimbursement;
(d) details of an approval for writing off the loss.
(i) an action taken to remedy a weakness in the internal control of the department or statutory body; or
(ii) an action taken to obtain reimbursement;
(a) the appropriate Minister for the department or statutory body; and
(b) the auditor-general; and
(c) for a loss to which subsection (1) (b) (i) applies—a police officer; and
(d) for a loss to which subsection (1) (b) (ii) applies—the Crime and Corruption Commission.
(a) a contract between the person and the department or statutory body; or
(b) an arrangement between the department or statutory body and another person.
sec.17
Other losses
sec.17 Other losses
This section applies if a department’s accountable officer or a statutory body becomes aware of a material loss of the department’s or statutory body’s property, other than a loss in relation to which section 16 (1) applies.
The accountable officer or statutory body must keep a record of the following details about the material loss—
a description of the property, including its value;
the reason for the loss;
an action taken in relation to the loss, including, for example, action taken to obtain reimbursement;
details of an approval for writing off the loss.
(sec.17-ssec.1) This section applies if a department’s accountable officer or a statutory body becomes aware of a material loss of the department’s or statutory body’s property, other than a loss in relation to which section 16 (1) applies.
(sec.17-ssec.2) The accountable officer or statutory body must keep a record of the following details about the material loss— a description of the property, including its value; the reason for the loss; an action taken in relation to the loss, including, for example, action taken to obtain reimbursement; details of an approval for writing off the loss.
(a) a description of the property, including its value;
(b) the reason for the loss;
(c) an action taken in relation to the loss, including, for example, action taken to obtain reimbursement;
(d) details of an approval for writing off the loss.
sec.18
Asset management
sec.18 Asset management
A department’s accountable officer or a statutory body must manage the assets of the department or statutory body in accordance with the asset management system established for the department or statutory body under section 11 (1) (c) .
Without limiting section 11 , the asset management system must provide for the following—
the identification, acquisition, management, disposal, valuation, recording and writing-off of assets;
regular maintenance of the assets;
for a significant asset to be completed by the department or statutory body—
conducting an evaluation of the decision to complete the asset before completing the asset; and
once the asset is completed—reviewing the performance of the asset to ensure the objectives of the department or statutory body in completing the asset were met.
The accountable officer or statutory body must, in identifying, acquiring, maintaining, disposing of, valuing, revaluing, recording or writing-off an asset, comply with the document called ‘Non-current asset policies for the Queensland public sector’ published by the treasury department.
A copy of the document is available on the treasury department’s website.
In preparing an evaluation of a decision to complete an asset, the accountable officer or statutory body must have regard to the document called ‘Project assessment framework’ published by the treasury department.
A copy of the document is available on the treasury department’s website.
A department’s accountable officer or a statutory body must give the Treasurer a copy of an evaluation or review mentioned in subsection (2) (c) as soon as practicable after the Treasurer asks the accountable officer or statutory body for the copy.
In this section—
complete , a significant asset, means acquire, maintain or improve the asset.
significant asset , of a department or statutory body, means an asset which, in the opinion of the department’s accountable officer or the statutory body—
has a high dollar value; or
plays a key role in the delivery of a service by the department or statutory body; or
could, if the asset failed, expose the department or statutory body to an unsatisfactory level of risk.
(sec.18-ssec.1) A department’s accountable officer or a statutory body must manage the assets of the department or statutory body in accordance with the asset management system established for the department or statutory body under section 11 (1) (c) .
(sec.18-ssec.2) Without limiting section 11 , the asset management system must provide for the following— the identification, acquisition, management, disposal, valuation, recording and writing-off of assets; regular maintenance of the assets; for a significant asset to be completed by the department or statutory body— conducting an evaluation of the decision to complete the asset before completing the asset; and once the asset is completed—reviewing the performance of the asset to ensure the objectives of the department or statutory body in completing the asset were met.
(sec.18-ssec.3) The accountable officer or statutory body must, in identifying, acquiring, maintaining, disposing of, valuing, revaluing, recording or writing-off an asset, comply with the document called ‘Non-current asset policies for the Queensland public sector’ published by the treasury department. A copy of the document is available on the treasury department’s website.
(sec.18-ssec.4) In preparing an evaluation of a decision to complete an asset, the accountable officer or statutory body must have regard to the document called ‘Project assessment framework’ published by the treasury department. A copy of the document is available on the treasury department’s website.
(sec.18-ssec.5) A department’s accountable officer or a statutory body must give the Treasurer a copy of an evaluation or review mentioned in subsection (2) (c) as soon as practicable after the Treasurer asks the accountable officer or statutory body for the copy.
(sec.18-ssec.6) In this section— complete , a significant asset, means acquire, maintain or improve the asset. significant asset , of a department or statutory body, means an asset which, in the opinion of the department’s accountable officer or the statutory body— has a high dollar value; or plays a key role in the delivery of a service by the department or statutory body; or could, if the asset failed, expose the department or statutory body to an unsatisfactory level of risk.
(a) the identification, acquisition, management, disposal, valuation, recording and writing-off of assets;
(b) regular maintenance of the assets;
(c) for a significant asset to be completed by the department or statutory body— (i) conducting an evaluation of the decision to complete the asset before completing the asset; and (ii) once the asset is completed—reviewing the performance of the asset to ensure the objectives of the department or statutory body in completing the asset were met.
(i) conducting an evaluation of the decision to complete the asset before completing the asset; and
(ii) once the asset is completed—reviewing the performance of the asset to ensure the objectives of the department or statutory body in completing the asset were met.
(i) conducting an evaluation of the decision to complete the asset before completing the asset; and
(ii) once the asset is completed—reviewing the performance of the asset to ensure the objectives of the department or statutory body in completing the asset were met.
(a) has a high dollar value; or
(b) plays a key role in the delivery of a service by the department or statutory body; or
(c) could, if the asset failed, expose the department or statutory body to an unsatisfactory level of risk.
sec.19
Cash management
sec.19 Cash management
A department’s accountable officer or a statutory body must manage the department’s or statutory body’s cash in accordance with the cash management system established for the department or statutory body under section 11 (1) (d) .
Without limiting section 11 , the cash management system must provide for—
the prompt—
identification, collection, payment and investment of cash; and
recording of transactions involving cash; and
if the cash management system is for a department—the provision of timely and reliable cash flow forecasts to the treasury department.
(sec.19-ssec.1) A department’s accountable officer or a statutory body must manage the department’s or statutory body’s cash in accordance with the cash management system established for the department or statutory body under section 11 (1) (d) .
(sec.19-ssec.2) Without limiting section 11 , the cash management system must provide for— the prompt— identification, collection, payment and investment of cash; and recording of transactions involving cash; and if the cash management system is for a department—the provision of timely and reliable cash flow forecasts to the treasury department.
(a) the prompt— (i) identification, collection, payment and investment of cash; and (ii) recording of transactions involving cash; and
(i) identification, collection, payment and investment of cash; and
(ii) recording of transactions involving cash; and
(b) if the cash management system is for a department—the provision of timely and reliable cash flow forecasts to the treasury department.
(i) identification, collection, payment and investment of cash; and
(ii) recording of transactions involving cash; and
sec.20
Liability management
sec.20 Liability management
A department’s accountable officer or a statutory body must manage the liabilities of the department or statutory body in accordance with the liability management system established for the department or statutory body under section 11 (1) (e) .
Without limiting section 11 , the liability management system must provide for—
the identification, incurring, measurement, management, satisfaction and recording of liabilities; and
the prompt identification, monitoring, recording and reporting of commitments for capital expenditure.
In managing the liabilities, the accountable officer or statutory body must comply with the document called ‘Queensland leasing approval policy for public sector entities’ published by the treasury department.
A copy of the document is available on the treasury department’s website.
(sec.20-ssec.1) A department’s accountable officer or a statutory body must manage the liabilities of the department or statutory body in accordance with the liability management system established for the department or statutory body under section 11 (1) (e) .
(sec.20-ssec.2) Without limiting section 11 , the liability management system must provide for— the identification, incurring, measurement, management, satisfaction and recording of liabilities; and the prompt identification, monitoring, recording and reporting of commitments for capital expenditure.
(sec.20-ssec.3) In managing the liabilities, the accountable officer or statutory body must comply with the document called ‘Queensland leasing approval policy for public sector entities’ published by the treasury department. A copy of the document is available on the treasury department’s website.
(a) the identification, incurring, measurement, management, satisfaction and recording of liabilities; and
(b) the prompt identification, monitoring, recording and reporting of commitments for capital expenditure.
sec.21
Contingency management
sec.21 Contingency management
A department’s accountable officer or a statutory body must manage the department’s or statutory body’s contingencies in accordance with the contingency management system established for the department or statutory body under section 11 (1) (f) .
Without limiting section 11 , the contingency management system must provide for—
the prompt identification, monitoring and recording of contingencies; and
reporting, at least annually, to the accountable officer or statutory body about the contingencies.
In this section—
contingencies , of a department or statutory body, means the department’s or statutory body’s contingent assets and contingent liabilities.
(sec.21-ssec.1) A department’s accountable officer or a statutory body must manage the department’s or statutory body’s contingencies in accordance with the contingency management system established for the department or statutory body under section 11 (1) (f) .
(sec.21-ssec.2) Without limiting section 11 , the contingency management system must provide for— the prompt identification, monitoring and recording of contingencies; and reporting, at least annually, to the accountable officer or statutory body about the contingencies.
(sec.21-ssec.3) In this section— contingencies , of a department or statutory body, means the department’s or statutory body’s contingent assets and contingent liabilities.
(a) the prompt identification, monitoring and recording of contingencies; and
(b) reporting, at least annually, to the accountable officer or statutory body about the contingencies.
sec.22
Financial information management
sec.22 Financial information management
A department’s accountable officer or a statutory body must manage the department’s or statutory body’s financial information in accordance with the financial information management system for the department or statutory body.
Without limiting section 11 —
the financial information management system must provide for—
the recording of events with financial impacts; and
the recording, storage, keeping, retrieval, destruction and transfer of financial information; and
the financial information management system must support the preparation of annual financial statements; and
in establishing, maintaining or reviewing the financial information management system, the accountable officer or statutory body must have regard to the QGEA; and
in establishing or maintaining the financial information management system, the accountable officer or statutory body must ensure—
the Public Records Act 2002 is complied with; and
the financial information is secure.
Before establishing, or materially changing, the financial information management system, the accountable officer or statutory body must consult with—
the head of internal audit for the department or statutory body; and
the authorised auditor for the department or statutory body; and
the person responsible for the keeping and management of records for the department or statutory body; and
if the system is for a department—the chief finance officer for the department; and
if the system is for a statutory body—the person responsible for the financial administration of the statutory body.
In this section—
financial information , of a department or statutory body, means information that is part of, or used for, the financial records of the department or statutory body.
(sec.22-ssec.1) A department’s accountable officer or a statutory body must manage the department’s or statutory body’s financial information in accordance with the financial information management system for the department or statutory body.
(sec.22-ssec.2) Without limiting section 11 — the financial information management system must provide for— the recording of events with financial impacts; and the recording, storage, keeping, retrieval, destruction and transfer of financial information; and the financial information management system must support the preparation of annual financial statements; and in establishing, maintaining or reviewing the financial information management system, the accountable officer or statutory body must have regard to the QGEA; and in establishing or maintaining the financial information management system, the accountable officer or statutory body must ensure— the Public Records Act 2002 is complied with; and the financial information is secure.
(sec.22-ssec.3) Before establishing, or materially changing, the financial information management system, the accountable officer or statutory body must consult with— the head of internal audit for the department or statutory body; and the authorised auditor for the department or statutory body; and the person responsible for the keeping and management of records for the department or statutory body; and if the system is for a department—the chief finance officer for the department; and if the system is for a statutory body—the person responsible for the financial administration of the statutory body.
(sec.22-ssec.4) In this section— financial information , of a department or statutory body, means information that is part of, or used for, the financial records of the department or statutory body.
(a) the financial information management system must provide for— (i) the recording of events with financial impacts; and (ii) the recording, storage, keeping, retrieval, destruction and transfer of financial information; and
(i) the recording of events with financial impacts; and
(ii) the recording, storage, keeping, retrieval, destruction and transfer of financial information; and
(b) the financial information management system must support the preparation of annual financial statements; and
(c) in establishing, maintaining or reviewing the financial information management system, the accountable officer or statutory body must have regard to the QGEA; and
(d) in establishing or maintaining the financial information management system, the accountable officer or statutory body must ensure— (i) the Public Records Act 2002 is complied with; and (ii) the financial information is secure.
(i) the Public Records Act 2002 is complied with; and
(ii) the financial information is secure.
(i) the recording of events with financial impacts; and
(ii) the recording, storage, keeping, retrieval, destruction and transfer of financial information; and
(i) the Public Records Act 2002 is complied with; and
(ii) the financial information is secure.
(a) the head of internal audit for the department or statutory body; and
(b) the authorised auditor for the department or statutory body; and
(c) the person responsible for the keeping and management of records for the department or statutory body; and
(d) if the system is for a department—the chief finance officer for the department; and
(e) if the system is for a statutory body—the person responsible for the financial administration of the statutory body.
sec.23
Risk management
sec.23 Risk management
A department’s accountable officer or a statutory body must manage the strategic and operational risks of the department or statutory body in accordance with the risk management system for the department or statutory body.
Without limiting section 11 , the risk management system must provide for—
mitigation of the risk to the department or statutory body and the State from unacceptable costs or losses associated with the operations of the department or statutory body; and
management of the risks that may affect the ability of the department or statutory body to continue to provide government services.
The accountable officer or statutory body may establish a risk management committee to help with the management of risks under subsection (1) .
In establishing the risk management committee, the accountable officer or statutory body must have regard to the audit committee guidelines document.
In managing the strategic and operational risks of the department or statutory body relating to digital, information or communication technology, the accountable officer or statutory body must have regard to the QGEA.
(sec.23-ssec.1) A department’s accountable officer or a statutory body must manage the strategic and operational risks of the department or statutory body in accordance with the risk management system for the department or statutory body.
(sec.23-ssec.2) Without limiting section 11 , the risk management system must provide for— mitigation of the risk to the department or statutory body and the State from unacceptable costs or losses associated with the operations of the department or statutory body; and management of the risks that may affect the ability of the department or statutory body to continue to provide government services.
(sec.23-ssec.3) The accountable officer or statutory body may establish a risk management committee to help with the management of risks under subsection (1) .
(sec.23-ssec.4) In establishing the risk management committee, the accountable officer or statutory body must have regard to the audit committee guidelines document.
(sec.23-ssec.5) In managing the strategic and operational risks of the department or statutory body relating to digital, information or communication technology, the accountable officer or statutory body must have regard to the QGEA.
(a) mitigation of the risk to the department or statutory body and the State from unacceptable costs or losses associated with the operations of the department or statutory body; and
(b) management of the risks that may affect the ability of the department or statutory body to continue to provide government services.
pt.2-div.5
Internal audit and audit committees
Internal audit and audit committees
sec.24
Internal audit function
sec.24 Internal audit function
A department’s accountable officer must establish an internal audit function to carry out assurance activities for the department.
A statutory body must establish an internal audit function to carry out assurance activities for the statutory body if—
the statutory body is directed by the appropriate Minister to establish the function; or
the statutory body considers it is appropriate to establish the function.
A department, or a statutory body that establishes an internal audit function, must—
establish, implement and maintain systems for ensuring its internal audit function operates efficiently, effectively and economically; and
use its internal audit function to carry out assurance activities.
(sec.24-ssec.1) A department’s accountable officer must establish an internal audit function to carry out assurance activities for the department.
(sec.24-ssec.2) A statutory body must establish an internal audit function to carry out assurance activities for the statutory body if— the statutory body is directed by the appropriate Minister to establish the function; or the statutory body considers it is appropriate to establish the function.
(sec.24-ssec.3) A department, or a statutory body that establishes an internal audit function, must— establish, implement and maintain systems for ensuring its internal audit function operates efficiently, effectively and economically; and use its internal audit function to carry out assurance activities.
(a) the statutory body is directed by the appropriate Minister to establish the function; or
(b) the statutory body considers it is appropriate to establish the function.
(a) establish, implement and maintain systems for ensuring its internal audit function operates efficiently, effectively and economically; and
(b) use its internal audit function to carry out assurance activities.
sec.25
Charter of internal audit function
sec.25 Charter of internal audit function
The internal audit function of a department or statutory body must operate under a charter (an internal audit charter ) stating the objectives, roles and responsibilities of the function.
The internal audit charter must—
be consistent with the auditing and ethical standards set by the professional entities that govern the conduct of auditing in the State; and
be approved by the department’s accountable officer or the statutory body; and
be readily available to the officers of the department or statutory body.
(sec.25-ssec.1) The internal audit function of a department or statutory body must operate under a charter (an internal audit charter ) stating the objectives, roles and responsibilities of the function.
(sec.25-ssec.2) The internal audit charter must— be consistent with the auditing and ethical standards set by the professional entities that govern the conduct of auditing in the State; and be approved by the department’s accountable officer or the statutory body; and be readily available to the officers of the department or statutory body.
(a) be consistent with the auditing and ethical standards set by the professional entities that govern the conduct of auditing in the State; and
(b) be approved by the department’s accountable officer or the statutory body; and
(c) be readily available to the officers of the department or statutory body.
sec.26
Planning by internal audit function
sec.26 Planning by internal audit function
The internal audit function of a department or statutory body must carry out planning appropriate to the size and functions of the department or statutory body.
The planning must include the preparation of—
a strategic audit plan that provides an overall strategy for the internal audit function for a period of at least 1 year; and
an annual audit plan, for each year, that sets out the audits to be carried out by the internal audit function during the year.
The strategic audit plan and the annual audit plan of a department or statutory body must be approved by the department’s accountable officer or the statutory body.
(sec.26-ssec.1) The internal audit function of a department or statutory body must carry out planning appropriate to the size and functions of the department or statutory body.
(sec.26-ssec.2) The planning must include the preparation of— a strategic audit plan that provides an overall strategy for the internal audit function for a period of at least 1 year; and an annual audit plan, for each year, that sets out the audits to be carried out by the internal audit function during the year.
(sec.26-ssec.3) The strategic audit plan and the annual audit plan of a department or statutory body must be approved by the department’s accountable officer or the statutory body.
(a) a strategic audit plan that provides an overall strategy for the internal audit function for a period of at least 1 year; and
(b) an annual audit plan, for each year, that sets out the audits to be carried out by the internal audit function during the year.
sec.27
Reports by internal audit function
sec.27 Reports by internal audit function
The internal audit function of a department or statutory body must—
give the person in charge of an audited area a copy of the proposed report on the audit for the area; and
include, in the final report on the audit, comments by the person about the proposed report.
The internal audit function must give the final report on the audit to—
for a department—the department’s accountable officer and its audit committee; or
for a statutory body—the statutory body and, if the statutory body has established an audit committee, its audit committee.
(sec.27-ssec.1) The internal audit function of a department or statutory body must— give the person in charge of an audited area a copy of the proposed report on the audit for the area; and include, in the final report on the audit, comments by the person about the proposed report.
(sec.27-ssec.2) The internal audit function must give the final report on the audit to— for a department—the department’s accountable officer and its audit committee; or for a statutory body—the statutory body and, if the statutory body has established an audit committee, its audit committee.
(a) give the person in charge of an audited area a copy of the proposed report on the audit for the area; and
(b) include, in the final report on the audit, comments by the person about the proposed report.
(a) for a department—the department’s accountable officer and its audit committee; or
(b) for a statutory body—the statutory body and, if the statutory body has established an audit committee, its audit committee.
sec.28
Consideration of reports
sec.28 Consideration of reports
A department’s accountable officer or a statutory body must—
consider a report given to the accountable officer or statutory body under section 27 ; and
take the actions the accountable officer or statutory body considers necessary because of the report.
(a) consider a report given to the accountable officer or statutory body under section 27 ; and
(b) take the actions the accountable officer or statutory body considers necessary because of the report.
sec.29
Relationship with authorised auditors
sec.29 Relationship with authorised auditors
The head of internal audit for a department or statutory body must consult with the authorised auditor for the department or statutory body—
during the preparation of a strategic audit plan or annual audit plan under section 26 ; and
at other times the head of internal audit considers appropriate.
(a) during the preparation of a strategic audit plan or annual audit plan under section 26 ; and
(b) at other times the head of internal audit considers appropriate.
sec.30
Audit committees
sec.30 Audit committees
A department’s accountable officer must, and a statutory body may, establish an audit committee for the department or statutory body.
If an audit committee is established, the accountable officer or statutory body must prepare terms of reference for the committee.
In establishing an audit committee, the accountable officer or statutory body must have regard to the audit committee guidelines document.
The audit committee for a statutory body must include members of the statutory body or, if the statutory body has a governing body, members of the governing body.
The audit committee for a department or statutory body must, as soon as practicable after the end of each financial year, give the department’s accountable officer or the statutory body a report about the committee’s operations for the year.
(sec.30-ssec.1) A department’s accountable officer must, and a statutory body may, establish an audit committee for the department or statutory body.
(sec.30-ssec.2) If an audit committee is established, the accountable officer or statutory body must prepare terms of reference for the committee.
(sec.30-ssec.3) In establishing an audit committee, the accountable officer or statutory body must have regard to the audit committee guidelines document.
(sec.30-ssec.4) The audit committee for a statutory body must include members of the statutory body or, if the statutory body has a governing body, members of the governing body.
(sec.30-ssec.5) The audit committee for a department or statutory body must, as soon as practicable after the end of each financial year, give the department’s accountable officer or the statutory body a report about the committee’s operations for the year.
pt.2-div.6
Contract performance guarantees
Contract performance guarantees
sec.31
Definitions for division
sec.31 Definitions for division
In this division—
approved security provider means—
a financial institution rated by—
Fitch Ratings with a long-term credit rating not less than A-; or
Moody’s Investors Service with a long-term credit rating not less than A3; or
Standard & Poor’s with a long-term credit rating not less than A-; or
an insurance company rated by—
Fitch Ratings with an insurance claims-paying ability rating not less than A-; or
Moody’s Investors Service with an insurance financial strength rating not less than A3; or
Standard & Poor’s with an insurer financial strength rating not less than A-; or
the Queensland Treasury Corporation; or
a guarantee provider approved by the Treasurer or a nominated officer under section 35 as an approved security provider.
contractor means a person who enters into a contract with a department’s accountable officer or a statutory body.
contract performance guarantee means a security given by a contractor, or for a contractor by an approved security provider, for the performance of 1 or more of the contractor’s obligations under a contract with a department’s accountable officer or a statutory body.
guarantee provider means an entity carrying on a business of providing contract performance guarantees.
insurance company means a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business.
monetary security deposit means a deposit of funds that is immediately available in the form of 1 or more of the following—
cash;
a cheque drawn by a financial institution on itself;
bank cheque
a telegraph transfer;
a direct deposit;
an electronic transfer.
(a) a financial institution rated by— (i) Fitch Ratings with a long-term credit rating not less than A-; or (ii) Moody’s Investors Service with a long-term credit rating not less than A3; or (iii) Standard & Poor’s with a long-term credit rating not less than A-; or
(i) Fitch Ratings with a long-term credit rating not less than A-; or
(ii) Moody’s Investors Service with a long-term credit rating not less than A3; or
(iii) Standard & Poor’s with a long-term credit rating not less than A-; or
(b) an insurance company rated by— (i) Fitch Ratings with an insurance claims-paying ability rating not less than A-; or (ii) Moody’s Investors Service with an insurance financial strength rating not less than A3; or (iii) Standard & Poor’s with an insurer financial strength rating not less than A-; or
(i) Fitch Ratings with an insurance claims-paying ability rating not less than A-; or
(ii) Moody’s Investors Service with an insurance financial strength rating not less than A3; or
(iii) Standard & Poor’s with an insurer financial strength rating not less than A-; or
(c) the Queensland Treasury Corporation; or
(d) a guarantee provider approved by the Treasurer or a nominated officer under section 35 as an approved security provider.
(i) Fitch Ratings with a long-term credit rating not less than A-; or
(ii) Moody’s Investors Service with a long-term credit rating not less than A3; or
(iii) Standard & Poor’s with a long-term credit rating not less than A-; or
(i) Fitch Ratings with an insurance claims-paying ability rating not less than A-; or
(ii) Moody’s Investors Service with an insurance financial strength rating not less than A3; or
(iii) Standard & Poor’s with an insurer financial strength rating not less than A-; or
(a) cash;
(b) a cheque drawn by a financial institution on itself; Example— bank cheque
(c) a telegraph transfer;
(d) a direct deposit;
(e) an electronic transfer.
sec.32
Contract performance guarantee systems
sec.32 Contract performance guarantee systems
A department’s accountable officer or a statutory body must establish and maintain a system (a contract performance guarantee system ) for—
deciding which contracts entered into by or for the accountable officer or statutory body must require the giving of a contract performance guarantee; and
managing the contract performance guarantees given to the accountable officer or statutory body; and
identifying, as soon as practicable, whether an approved security provider who has given a contract performance guarantee to the accountable officer or statutory body has stopped being an approved security provider.
The contract performance guarantee system must, in relation to a contract for which a contract performance guarantee is given to the accountable officer or statutory body by an approved security provider, provide for—
the contract to include a condition that requires the contractor to give to the accountable officer or statutory body, or arrange the giving of, either or both of the following within 30 days of the contractor receiving a notice mentioned in paragraph (b) —
a contract performance guarantee in the form of a monetary security deposit;
a contract performance guarantee by another approved security provider; and
the accountable officer or statutory body to give to the contractor a notice stating the following if the provider stops being an approved security provider—
the provider has stopped being an approved security provider;
if the contract is subject to a condition mentioned in paragraph (a) —that the contractor is required to comply with the condition; and
the accountable officer or statutory body to take reasonable steps to ensure that, if the contract is subject to a condition mentioned in paragraph (a) , the contractor complies with the condition.
In establishing or maintaining the contract performance guarantee system, the accountable officer or statutory body must have regard to the financial accountability handbook.
If the accountable officer or statutory body carries out an activity mentioned in subsection (1) or (2) , the accountable officer or statutory body must carry out the activity in accordance with the contract performance guarantee system for the department or statutory body.
(sec.32-ssec.1) A department’s accountable officer or a statutory body must establish and maintain a system (a contract performance guarantee system ) for— deciding which contracts entered into by or for the accountable officer or statutory body must require the giving of a contract performance guarantee; and managing the contract performance guarantees given to the accountable officer or statutory body; and identifying, as soon as practicable, whether an approved security provider who has given a contract performance guarantee to the accountable officer or statutory body has stopped being an approved security provider.
(sec.32-ssec.2) The contract performance guarantee system must, in relation to a contract for which a contract performance guarantee is given to the accountable officer or statutory body by an approved security provider, provide for— the contract to include a condition that requires the contractor to give to the accountable officer or statutory body, or arrange the giving of, either or both of the following within 30 days of the contractor receiving a notice mentioned in paragraph (b) — a contract performance guarantee in the form of a monetary security deposit; a contract performance guarantee by another approved security provider; and the accountable officer or statutory body to give to the contractor a notice stating the following if the provider stops being an approved security provider— the provider has stopped being an approved security provider; if the contract is subject to a condition mentioned in paragraph (a) —that the contractor is required to comply with the condition; and the accountable officer or statutory body to take reasonable steps to ensure that, if the contract is subject to a condition mentioned in paragraph (a) , the contractor complies with the condition.
(sec.32-ssec.3) In establishing or maintaining the contract performance guarantee system, the accountable officer or statutory body must have regard to the financial accountability handbook.
(sec.32-ssec.4) If the accountable officer or statutory body carries out an activity mentioned in subsection (1) or (2) , the accountable officer or statutory body must carry out the activity in accordance with the contract performance guarantee system for the department or statutory body.
(a) deciding which contracts entered into by or for the accountable officer or statutory body must require the giving of a contract performance guarantee; and
(b) managing the contract performance guarantees given to the accountable officer or statutory body; and
(c) identifying, as soon as practicable, whether an approved security provider who has given a contract performance guarantee to the accountable officer or statutory body has stopped being an approved security provider.
(a) the contract to include a condition that requires the contractor to give to the accountable officer or statutory body, or arrange the giving of, either or both of the following within 30 days of the contractor receiving a notice mentioned in paragraph (b) — (i) a contract performance guarantee in the form of a monetary security deposit; (ii) a contract performance guarantee by another approved security provider; and
(i) a contract performance guarantee in the form of a monetary security deposit;
(ii) a contract performance guarantee by another approved security provider; and
(b) the accountable officer or statutory body to give to the contractor a notice stating the following if the provider stops being an approved security provider— (i) the provider has stopped being an approved security provider; (ii) if the contract is subject to a condition mentioned in paragraph (a) —that the contractor is required to comply with the condition; and
(i) the provider has stopped being an approved security provider;
(ii) if the contract is subject to a condition mentioned in paragraph (a) —that the contractor is required to comply with the condition; and
(c) the accountable officer or statutory body to take reasonable steps to ensure that, if the contract is subject to a condition mentioned in paragraph (a) , the contractor complies with the condition.
(i) a contract performance guarantee in the form of a monetary security deposit;
(ii) a contract performance guarantee by another approved security provider; and
(i) the provider has stopped being an approved security provider;
(ii) if the contract is subject to a condition mentioned in paragraph (a) —that the contractor is required to comply with the condition; and
sec.33
Form and amount of contract performance guarantees
sec.33 Form and amount of contract performance guarantees
A contract performance guarantee given to a department’s accountable officer or a statutory body in relation to a contract must be in the form, and for the amount, the accountable officer or statutory body considers to be adequate and suitable security for the performance of the contractor’s obligations under the contract.
sec.34
Other requirements for contract performance guarantees
sec.34 Other requirements for contract performance guarantees
A contract performance guarantee given by a contractor to a department’s accountable officer or a statutory body must—
be a monetary security deposit; and
make the deposited funds immediately available to the accountable officer or statutory body.
A contract performance guarantee given for a contractor by an approved security provider must—
be irrevocable and unconditional; and
be payable in whole or in part, immediately on demand, without reference to another entity; and
be available until all obligations secured by the guarantee have been performed.
(sec.34-ssec.1) A contract performance guarantee given by a contractor to a department’s accountable officer or a statutory body must— be a monetary security deposit; and make the deposited funds immediately available to the accountable officer or statutory body.
(sec.34-ssec.2) A contract performance guarantee given for a contractor by an approved security provider must— be irrevocable and unconditional; and be payable in whole or in part, immediately on demand, without reference to another entity; and be available until all obligations secured by the guarantee have been performed.
(a) be a monetary security deposit; and
(b) make the deposited funds immediately available to the accountable officer or statutory body.
(a) be irrevocable and unconditional; and
(b) be payable in whole or in part, immediately on demand, without reference to another entity; and
(c) be available until all obligations secured by the guarantee have been performed.
sec.35
Treasurer’s approval of guarantee providers
sec.35 Treasurer’s approval of guarantee providers
The Treasurer or a nominated officer for this section may, by notice given to a guarantee provider, approve the guarantee provider as an approved security provider.
Before giving the approval, the Treasurer or nominated officer must have regard to the following—
whether the guarantee provider is a body regulated by the APRA under the Australian Prudential Regulation Authority Act 1998 (Cwlth) ;
the guarantee provider’s credit rating;
the nature and history of the guarantee provider’s business;
the guarantee provider’s financial position.
In this section—
APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998 (Cwlth) , section 7 .
(sec.35-ssec.1) The Treasurer or a nominated officer for this section may, by notice given to a guarantee provider, approve the guarantee provider as an approved security provider.
(sec.35-ssec.2) Before giving the approval, the Treasurer or nominated officer must have regard to the following— whether the guarantee provider is a body regulated by the APRA under the Australian Prudential Regulation Authority Act 1998 (Cwlth) ; the guarantee provider’s credit rating; the nature and history of the guarantee provider’s business; the guarantee provider’s financial position.
(sec.35-ssec.3) In this section— APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998 (Cwlth) , section 7 .
(a) whether the guarantee provider is a body regulated by the APRA under the Australian Prudential Regulation Authority Act 1998 (Cwlth) ;
(b) the guarantee provider’s credit rating;
(c) the nature and history of the guarantee provider’s business;
(d) the guarantee provider’s financial position.
pt.3
Reporting
Reporting
pt.3-div.1
Preliminary
Preliminary
sec.36
Final period for final financial statements— Act , s 62
sec.36 Final period for final financial statements— Act , s 62
This section states, for section 62 (2) of the Act , definition final period , the final period for an abolished department or an abolished statutory body.
Subsection (3) applies if annual financial statements for the abolished department’s or abolished statutory body’s last financial year are certified and audited before its abolition day.
The final period for the abolished department or abolished statutory body is the period from the day immediately after the abolished department’s or abolished statutory body’s last financial year to its abolition day.
If subsection (3) does not apply, the final period for the abolished department or abolished statutory body is 1 of the following periods decided by the former chief finance officer of the abolished department or the former responsible person for the abolished statutory body—
the period from the beginning of the abolished department’s or abolished statutory body’s last financial year to its abolition day;
the period mentioned in subsection (3) .
In deciding the final period under subsection (4) , the former chief finance officer of the abolished department, or the person responsible for the financial administration of the abolished statutory body, must have regard to the extent to which annual financial statements for the department’s or statutory body’s last financial year have been—
prepared under section 38 or 39 ; and
audited by the authorised auditor for the abolished department or abolished statutory body.
In this section—
abolition day , for an abolished department or abolished statutory body, means the day the abolished department or abolished statutory body is abolished.
certified and audited —
for the annual financial statements of a department—means the statements have been certified under section 38 (3) and the authorised auditor for the department has given a report about the statements to the department’s accountable officer; or
for the annual financial statements of a statutory body—means the statements have been certified under section 39 (3) and (4) and the authorised auditor for the statutory body has given a report about the statements to the statutory body.
last financial year , for an abolished department or abolished statutory body, means the department’s or statutory body’s financial year last ended before its abolition day.
(sec.36-ssec.1) This section states, for section 62 (2) of the Act , definition final period , the final period for an abolished department or an abolished statutory body.
(sec.36-ssec.2) Subsection (3) applies if annual financial statements for the abolished department’s or abolished statutory body’s last financial year are certified and audited before its abolition day.
(sec.36-ssec.3) The final period for the abolished department or abolished statutory body is the period from the day immediately after the abolished department’s or abolished statutory body’s last financial year to its abolition day.
(sec.36-ssec.4) If subsection (3) does not apply, the final period for the abolished department or abolished statutory body is 1 of the following periods decided by the former chief finance officer of the abolished department or the former responsible person for the abolished statutory body— the period from the beginning of the abolished department’s or abolished statutory body’s last financial year to its abolition day; the period mentioned in subsection (3) .
(sec.36-ssec.5) In deciding the final period under subsection (4) , the former chief finance officer of the abolished department, or the person responsible for the financial administration of the abolished statutory body, must have regard to the extent to which annual financial statements for the department’s or statutory body’s last financial year have been— prepared under section 38 or 39 ; and audited by the authorised auditor for the abolished department or abolished statutory body.
(sec.36-ssec.6) In this section— abolition day , for an abolished department or abolished statutory body, means the day the abolished department or abolished statutory body is abolished. certified and audited — for the annual financial statements of a department—means the statements have been certified under section 38 (3) and the authorised auditor for the department has given a report about the statements to the department’s accountable officer; or for the annual financial statements of a statutory body—means the statements have been certified under section 39 (3) and (4) and the authorised auditor for the statutory body has given a report about the statements to the statutory body. last financial year , for an abolished department or abolished statutory body, means the department’s or statutory body’s financial year last ended before its abolition day.
(a) the period from the beginning of the abolished department’s or abolished statutory body’s last financial year to its abolition day;
(b) the period mentioned in subsection (3) .
(a) prepared under section 38 or 39 ; and
(b) audited by the authorised auditor for the abolished department or abolished statutory body.
(a) for the annual financial statements of a department—means the statements have been certified under section 38 (3) and the authorised auditor for the department has given a report about the statements to the department’s accountable officer; or
(b) for the annual financial statements of a statutory body—means the statements have been certified under section 39 (3) and (4) and the authorised auditor for the statutory body has given a report about the statements to the statutory body.
sec.37
Final period for final reports— Act , s 63
sec.37 Final period for final reports— Act , s 63
For section 63 (3) of the Act , definition final period , the final period for an abolished department or an abolished statutory body is the period to which the abolished department’s or abolished statutory body’s final financial statements relate.
pt.3-div.2
Annual financial statements
Annual financial statements
sec.38
Preparation of annual financial statements for departments— Act , s 62
sec.38 Preparation of annual financial statements for departments— Act , s 62
This section prescribes, for section 62 (1) of the Act , requirements for preparing annual financial statements for a department, other than final financial statements.
For the requirements for preparing final financial statements for an abolished department, see section 44 .
A department’s accountable officer must, for each financial year, prepare the department’s annual financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
The accountable officer and the chief finance officer for a department must certify on the annual financial statements whether, in their opinion—
the prescribed requirements for establishing and maintaining the department’s resource management systems have been complied with in all material respects; and
the statements present a true and fair view, in accordance with the prescribed accounting standards, of—
the department’s transactions for the financial year; and
the department’s financial position at the end of the financial year.
A department’s accountable officer must, within the period stated in section 41 , give the annual financial statements to the authorised auditor for the department for audit.
(sec.38-ssec.1) This section prescribes, for section 62 (1) of the Act , requirements for preparing annual financial statements for a department, other than final financial statements. For the requirements for preparing final financial statements for an abolished department, see section 44 .
(sec.38-ssec.2) A department’s accountable officer must, for each financial year, prepare the department’s annual financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
(sec.38-ssec.3) The accountable officer and the chief finance officer for a department must certify on the annual financial statements whether, in their opinion— the prescribed requirements for establishing and maintaining the department’s resource management systems have been complied with in all material respects; and the statements present a true and fair view, in accordance with the prescribed accounting standards, of— the department’s transactions for the financial year; and the department’s financial position at the end of the financial year.
(sec.38-ssec.4) A department’s accountable officer must, within the period stated in section 41 , give the annual financial statements to the authorised auditor for the department for audit.
(a) the prescribed requirements for establishing and maintaining the department’s resource management systems have been complied with in all material respects; and
(b) the statements present a true and fair view, in accordance with the prescribed accounting standards, of— (i) the department’s transactions for the financial year; and (ii) the department’s financial position at the end of the financial year.
(i) the department’s transactions for the financial year; and
(ii) the department’s financial position at the end of the financial year.
(i) the department’s transactions for the financial year; and
(ii) the department’s financial position at the end of the financial year.
sec.39
Preparation of annual financial statements for statutory bodies— Act , s 62
sec.39 Preparation of annual financial statements for statutory bodies— Act , s 62
This section prescribes, for section 62 (1) of the Act , requirements for preparing annual financial statements for a statutory body, other than final financial statements.
For the requirements for preparing final financial statements for an abolished statutory body, see section 45 .
A statutory body must, for each financial year, prepare the statutory body’s annual financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
The chairperson of, and the person responsible for the financial administration of, a statutory body must certify on the annual financial statements whether, in their opinion, the prescribed requirements for establishing and maintaining the statutory body’s resource management systems have been complied with in all material respects.
Also, the persons mentioned in subsection (3) must certify on the annual financial statements whether, in their opinion—
for general purpose financial statements—the statements present a true and fair view, in accordance with the prescribed accounting standards, of the statutory body’s transactions for the financial year and financial position at the end of the financial year; and
for other annual financial statements—the statements present a true and fair view of the statutory body’s transactions for the financial year and financial position at the end of the financial year.
A statutory body must, within the period stated in section 41 , give the annual financial statements to the authorised auditor for the statutory body for audit.
(sec.39-ssec.1) This section prescribes, for section 62 (1) of the Act , requirements for preparing annual financial statements for a statutory body, other than final financial statements. For the requirements for preparing final financial statements for an abolished statutory body, see section 45 .
(sec.39-ssec.2) A statutory body must, for each financial year, prepare the statutory body’s annual financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
(sec.39-ssec.3) The chairperson of, and the person responsible for the financial administration of, a statutory body must certify on the annual financial statements whether, in their opinion, the prescribed requirements for establishing and maintaining the statutory body’s resource management systems have been complied with in all material respects.
(sec.39-ssec.4) Also, the persons mentioned in subsection (3) must certify on the annual financial statements whether, in their opinion— for general purpose financial statements—the statements present a true and fair view, in accordance with the prescribed accounting standards, of the statutory body’s transactions for the financial year and financial position at the end of the financial year; and for other annual financial statements—the statements present a true and fair view of the statutory body’s transactions for the financial year and financial position at the end of the financial year.
(sec.39-ssec.5) A statutory body must, within the period stated in section 41 , give the annual financial statements to the authorised auditor for the statutory body for audit.
(a) for general purpose financial statements—the statements present a true and fair view, in accordance with the prescribed accounting standards, of the statutory body’s transactions for the financial year and financial position at the end of the financial year; and
(b) for other annual financial statements—the statements present a true and fair view of the statutory body’s transactions for the financial year and financial position at the end of the financial year.
sec.40
Annual financial statements for newly formed departments and statutory bodies
sec.40 Annual financial statements for newly formed departments and statutory bodies
A newly formed department’s accountable officer must, under section 38 , prepare the department’s annual financial statements (the department’s first annual financial statements ) for the period from the relevant day until the end of the financial year in which the department was formed.
A newly formed statutory body must, under section 39 , prepare the statutory body’s annual financial statements (the statutory body’s first annual financial statements ) for the period from the statutory body’s formation day until the end of the financial year in which the statutory body was established.
Subsection (4) applies if the relevant day for the department, or the formation day for the statutory body, is within 4 months before the end of the financial year for the department or statutory body.
The Treasurer or a nominated officer for this section may give approval for the department or statutory body to prepare its first annual financial statements for the period—
starting on the department’s relevant day, or the statutory body’s formation day; and
ending on the last day of the financial year after the financial year in which the department or statutory body was formed or established.
Before giving an approval under subsection (4) , the Treasurer or nominated officer must consult with the auditor-general.
If the Treasurer or a nominated officer gives an approval under subsection (4) , the appropriate Minister for the department or statutory body must table in the Legislative Assembly a notice stating—
the department or statutory body was formed or established; and
the annual financial statements from the relevant day or formation day to the end of the financial year will be prepared and tabled as part of the annual financial statements for the next financial year.
In this section—
relevant day , for a newly formed department, means—
if the public business of another department is redistributed to the newly formed department on a day other than the first day of a month and the other department is not abolished—the first day of the month immediately after the month in which the redistribution happened; or
otherwise—the department’s formation day.
(sec.40-ssec.1) A newly formed department’s accountable officer must, under section 38 , prepare the department’s annual financial statements (the department’s first annual financial statements ) for the period from the relevant day until the end of the financial year in which the department was formed.
(sec.40-ssec.2) A newly formed statutory body must, under section 39 , prepare the statutory body’s annual financial statements (the statutory body’s first annual financial statements ) for the period from the statutory body’s formation day until the end of the financial year in which the statutory body was established.
(sec.40-ssec.3) Subsection (4) applies if the relevant day for the department, or the formation day for the statutory body, is within 4 months before the end of the financial year for the department or statutory body.
(sec.40-ssec.4) The Treasurer or a nominated officer for this section may give approval for the department or statutory body to prepare its first annual financial statements for the period— starting on the department’s relevant day, or the statutory body’s formation day; and ending on the last day of the financial year after the financial year in which the department or statutory body was formed or established.
(sec.40-ssec.5) Before giving an approval under subsection (4) , the Treasurer or nominated officer must consult with the auditor-general.
(sec.40-ssec.6) If the Treasurer or a nominated officer gives an approval under subsection (4) , the appropriate Minister for the department or statutory body must table in the Legislative Assembly a notice stating— the department or statutory body was formed or established; and the annual financial statements from the relevant day or formation day to the end of the financial year will be prepared and tabled as part of the annual financial statements for the next financial year.
(sec.40-ssec.7) In this section— relevant day , for a newly formed department, means— if the public business of another department is redistributed to the newly formed department on a day other than the first day of a month and the other department is not abolished—the first day of the month immediately after the month in which the redistribution happened; or otherwise—the department’s formation day.
(a) starting on the department’s relevant day, or the statutory body’s formation day; and
(b) ending on the last day of the financial year after the financial year in which the department or statutory body was formed or established.
(a) the department or statutory body was formed or established; and
(b) the annual financial statements from the relevant day or formation day to the end of the financial year will be prepared and tabled as part of the annual financial statements for the next financial year.
(a) if the public business of another department is redistributed to the newly formed department on a day other than the first day of a month and the other department is not abolished—the first day of the month immediately after the month in which the redistribution happened; or
(b) otherwise—the department’s formation day.
sec.41
Timing for giving annual financial statements to authorised auditor
sec.41 Timing for giving annual financial statements to authorised auditor
This section applies to the annual financial statements for a financial year that—
a department’s accountable officer must prepare and give to the authorised auditor for the department under section 38 ; or
a statutory body must prepare and give to the authorised auditor for the statutory body under section 39 .
The accountable officer or statutory body must give the annual financial statements to the authorised auditor by a day agreed between the accountable officer or statutory body and the authorised auditor.
The day agreed must allow the audit of the annual financial statements, and the report of the authorised auditor about the statements, to be finished no later than 2 months after the end of the financial year to which the statements relate.
Subsection (5) applies if the Treasurer or under-Treasurer believes—
an event that impacts multiple departments, multiple statutory bodies or multiple departments and statutory bodies has happened; and
a State budget is not presented until the financial year to which it relates
the event makes it impracticable for the accountable officer or statutory body to give the annual financial statements to the authorised auditor by a day that would allow the audit and report to be finished within the period mentioned in subsection (3) .
The Treasurer, the under-Treasurer or a nominated officer for this section may, after consulting with the auditor-general, decide a later day by which the accountable officer or statutory body must give the annual financial statements to the authorised auditor.
The later day must allow the audit of the annual financial statements, and the report about the statements, to be finished no later than 6 months after the end of the financial year to which the statements relate.
If the Treasurer, the under-Treasurer or a nominated officer makes a decision under subsection (5) , the Treasurer, under-Treasurer or nominated officer must give notice of the decision to the accountable officer or statutory body and the auditor-general.
An accountable officer or statutory body given a notice under subsection (7) must give the annual financial statements to the authorised auditor by the later day stated in the notice.
In this section—
annual financial statements includes first annual financial statements, but does not include final financial statements.
(sec.41-ssec.1) This section applies to the annual financial statements for a financial year that— a department’s accountable officer must prepare and give to the authorised auditor for the department under section 38 ; or a statutory body must prepare and give to the authorised auditor for the statutory body under section 39 .
(sec.41-ssec.2) The accountable officer or statutory body must give the annual financial statements to the authorised auditor by a day agreed between the accountable officer or statutory body and the authorised auditor.
(sec.41-ssec.3) The day agreed must allow the audit of the annual financial statements, and the report of the authorised auditor about the statements, to be finished no later than 2 months after the end of the financial year to which the statements relate.
(sec.41-ssec.4) Subsection (5) applies if the Treasurer or under-Treasurer believes— an event that impacts multiple departments, multiple statutory bodies or multiple departments and statutory bodies has happened; and a State budget is not presented until the financial year to which it relates the event makes it impracticable for the accountable officer or statutory body to give the annual financial statements to the authorised auditor by a day that would allow the audit and report to be finished within the period mentioned in subsection (3) .
(sec.41-ssec.5) The Treasurer, the under-Treasurer or a nominated officer for this section may, after consulting with the auditor-general, decide a later day by which the accountable officer or statutory body must give the annual financial statements to the authorised auditor.
(sec.41-ssec.6) The later day must allow the audit of the annual financial statements, and the report about the statements, to be finished no later than 6 months after the end of the financial year to which the statements relate.
(sec.41-ssec.7) If the Treasurer, the under-Treasurer or a nominated officer makes a decision under subsection (5) , the Treasurer, under-Treasurer or nominated officer must give notice of the decision to the accountable officer or statutory body and the auditor-general.
(sec.41-ssec.8) An accountable officer or statutory body given a notice under subsection (7) must give the annual financial statements to the authorised auditor by the later day stated in the notice.
(sec.41-ssec.9) In this section— annual financial statements includes first annual financial statements, but does not include final financial statements.
(a) a department’s accountable officer must prepare and give to the authorised auditor for the department under section 38 ; or
(b) a statutory body must prepare and give to the authorised auditor for the statutory body under section 39 .
(a) an event that impacts multiple departments, multiple statutory bodies or multiple departments and statutory bodies has happened; and Example of an event— a State budget is not presented until the financial year to which it relates
(b) the event makes it impracticable for the accountable officer or statutory body to give the annual financial statements to the authorised auditor by a day that would allow the audit and report to be finished within the period mentioned in subsection (3) .
sec.42
Release of annual financial statements
sec.42 Release of annual financial statements
A department’s accountable officer or a statutory body must not, before the annual report that includes the department’s or statutory body’s annual financial statements is tabled in the Legislative Assembly under section 63 (2) of the Act —
give the annual financial statements, or a copy of them, to a person other than—
the authorised auditor for the department or statutory body, the auditor-general or a person acting for the auditor-general; or
the appropriate Minister for the department or statutory body, or a person acting for the appropriate Minister; or
an officer or employee of the department or statutory body; or
for statements for a statutory body—a member of the statutory body; or
another person engaged by the department or statutory body to help in the preparation of the statements; or
otherwise release the annual financial statements.
However, the accountable officer or statutory body does not contravene subsection (1) by giving the annual financial statements, or a copy of them, to—
a person under an authority given by the appropriate Minister for the department or statutory body; or
the Treasurer under section 26 of the Act ; or
another person if the accountable officer or statutory body is required or permitted under another law to give the statements or a copy to the person.
In this section—
annual financial statements includes final financial statements.
annual report includes a final report.
(sec.42-ssec.1) A department’s accountable officer or a statutory body must not, before the annual report that includes the department’s or statutory body’s annual financial statements is tabled in the Legislative Assembly under section 63 (2) of the Act — give the annual financial statements, or a copy of them, to a person other than— the authorised auditor for the department or statutory body, the auditor-general or a person acting for the auditor-general; or the appropriate Minister for the department or statutory body, or a person acting for the appropriate Minister; or an officer or employee of the department or statutory body; or for statements for a statutory body—a member of the statutory body; or another person engaged by the department or statutory body to help in the preparation of the statements; or otherwise release the annual financial statements.
(sec.42-ssec.2) However, the accountable officer or statutory body does not contravene subsection (1) by giving the annual financial statements, or a copy of them, to— a person under an authority given by the appropriate Minister for the department or statutory body; or the Treasurer under section 26 of the Act ; or another person if the accountable officer or statutory body is required or permitted under another law to give the statements or a copy to the person.
(sec.42-ssec.3) In this section— annual financial statements includes final financial statements. annual report includes a final report.
(a) give the annual financial statements, or a copy of them, to a person other than— (i) the authorised auditor for the department or statutory body, the auditor-general or a person acting for the auditor-general; or (ii) the appropriate Minister for the department or statutory body, or a person acting for the appropriate Minister; or (iii) an officer or employee of the department or statutory body; or (iv) for statements for a statutory body—a member of the statutory body; or (v) another person engaged by the department or statutory body to help in the preparation of the statements; or
(i) the authorised auditor for the department or statutory body, the auditor-general or a person acting for the auditor-general; or
(ii) the appropriate Minister for the department or statutory body, or a person acting for the appropriate Minister; or
(iii) an officer or employee of the department or statutory body; or
(iv) for statements for a statutory body—a member of the statutory body; or
(v) another person engaged by the department or statutory body to help in the preparation of the statements; or
(b) otherwise release the annual financial statements.
(i) the authorised auditor for the department or statutory body, the auditor-general or a person acting for the auditor-general; or
(ii) the appropriate Minister for the department or statutory body, or a person acting for the appropriate Minister; or
(iii) an officer or employee of the department or statutory body; or
(iv) for statements for a statutory body—a member of the statutory body; or
(v) another person engaged by the department or statutory body to help in the preparation of the statements; or
(a) a person under an authority given by the appropriate Minister for the department or statutory body; or
(b) the Treasurer under section 26 of the Act ; or
(c) another person if the accountable officer or statutory body is required or permitted under another law to give the statements or a copy to the person.
sec.43
Statutory bodies to consider authorised auditors’ reports and comments, observations and suggestions
sec.43 Statutory bodies to consider authorised auditors’ reports and comments, observations and suggestions
At the first ordinary meeting held by a statutory body after it receives, from the authorised auditor for the statutory body, its annual financial statements and the authorised auditor’s report on the statements, the statutory body must consider the statements and the report.
If the report contains comments, observations or suggestions about anything arising out of an audit, the statutory body must—
consider the comments, observations or suggestions; and
if the statutory body believes it is appropriate to take a particular action in response to the comments, observations or suggestions—take the action.
(sec.43-ssec.1) At the first ordinary meeting held by a statutory body after it receives, from the authorised auditor for the statutory body, its annual financial statements and the authorised auditor’s report on the statements, the statutory body must consider the statements and the report.
(sec.43-ssec.2) If the report contains comments, observations or suggestions about anything arising out of an audit, the statutory body must— consider the comments, observations or suggestions; and if the statutory body believes it is appropriate to take a particular action in response to the comments, observations or suggestions—take the action.
(a) consider the comments, observations or suggestions; and
(b) if the statutory body believes it is appropriate to take a particular action in response to the comments, observations or suggestions—take the action.
sec.44
Final financial statements for abolished departments— Act , s 62
sec.44 Final financial statements for abolished departments— Act , s 62
This section prescribes, for section 62 (1) of the Act , requirements for preparing final financial statements for an abolished department.
An abolished department’s former accountable officer must prepare the abolished department’s final financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
The former accountable officer and the former chief finance officer for an abolished department must certify on the final financial statements whether, in their opinion—
the prescribed requirements for establishing and maintaining the abolished department’s resource management systems have been complied with in all material respects; and
the statements present a true and fair view, in accordance with the prescribed accounting standards, of—
the abolished department’s transactions for the final period; and
the abolished department’s financial position at the end of the final period.
The former accountable officer must give the final financial statements to the auditor-general by a day agreed between the officer and the auditor-general.
(sec.44-ssec.1) This section prescribes, for section 62 (1) of the Act , requirements for preparing final financial statements for an abolished department.
(sec.44-ssec.2) An abolished department’s former accountable officer must prepare the abolished department’s final financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
(sec.44-ssec.3) The former accountable officer and the former chief finance officer for an abolished department must certify on the final financial statements whether, in their opinion— the prescribed requirements for establishing and maintaining the abolished department’s resource management systems have been complied with in all material respects; and the statements present a true and fair view, in accordance with the prescribed accounting standards, of— the abolished department’s transactions for the final period; and the abolished department’s financial position at the end of the final period.
(sec.44-ssec.4) The former accountable officer must give the final financial statements to the auditor-general by a day agreed between the officer and the auditor-general.
(a) the prescribed requirements for establishing and maintaining the abolished department’s resource management systems have been complied with in all material respects; and
(b) the statements present a true and fair view, in accordance with the prescribed accounting standards, of— (i) the abolished department’s transactions for the final period; and (ii) the abolished department’s financial position at the end of the final period.
(i) the abolished department’s transactions for the final period; and
(ii) the abolished department’s financial position at the end of the final period.
(i) the abolished department’s transactions for the final period; and
(ii) the abolished department’s financial position at the end of the final period.
sec.45
Final financial statements for abolished statutory bodies— Act , s 62
sec.45 Final financial statements for abolished statutory bodies— Act , s 62
This section prescribes, for section 62 (1) of the Act , requirements for preparing final financial statements for an abolished statutory body.
The administering department for an abolished statutory body must prepare the abolished statutory body’s final financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
The former chairperson of, and the former responsible person for, an abolished statutory body must certify on the final financial statements whether, in their opinion—
the prescribed requirements for establishing and maintaining the abolished statutory body’s resource management systems have been complied with in all material respects; and
the statements present a true and fair view, in accordance with the prescribed accounting standards, of—
the abolished statutory body’s transactions for the final period; and
the abolished statutory body’s financial position at the end of the final period.
The former appropriate Minister for the abolished statutory body must give the statements to the auditor-general by a day agreed between the former appropriate Minister and the auditor-general.
In this section—
former chairperson , of an abolished statutory body, means—
if the person who was the chairperson of the statutory body immediately before it was abolished is available to act—that person; or
otherwise—the person approved by the Treasurer or a nominated officer for this provision.
(sec.45-ssec.1) This section prescribes, for section 62 (1) of the Act , requirements for preparing final financial statements for an abolished statutory body.
(sec.45-ssec.2) The administering department for an abolished statutory body must prepare the abolished statutory body’s final financial statements in accordance with the minimum reporting requirements stated in the financial reporting requirements document.
(sec.45-ssec.3) The former chairperson of, and the former responsible person for, an abolished statutory body must certify on the final financial statements whether, in their opinion— the prescribed requirements for establishing and maintaining the abolished statutory body’s resource management systems have been complied with in all material respects; and the statements present a true and fair view, in accordance with the prescribed accounting standards, of— the abolished statutory body’s transactions for the final period; and the abolished statutory body’s financial position at the end of the final period.
(sec.45-ssec.4) The former appropriate Minister for the abolished statutory body must give the statements to the auditor-general by a day agreed between the former appropriate Minister and the auditor-general.
(sec.45-ssec.5) In this section— former chairperson , of an abolished statutory body, means— if the person who was the chairperson of the statutory body immediately before it was abolished is available to act—that person; or otherwise—the person approved by the Treasurer or a nominated officer for this provision.
(a) the prescribed requirements for establishing and maintaining the abolished statutory body’s resource management systems have been complied with in all material respects; and
(b) the statements present a true and fair view, in accordance with the prescribed accounting standards, of— (i) the abolished statutory body’s transactions for the final period; and (ii) the abolished statutory body’s financial position at the end of the final period.
(i) the abolished statutory body’s transactions for the final period; and
(ii) the abolished statutory body’s financial position at the end of the final period.
(i) the abolished statutory body’s transactions for the final period; and
(ii) the abolished statutory body’s financial position at the end of the final period.
(a) if the person who was the chairperson of the statutory body immediately before it was abolished is available to act—that person; or
(b) otherwise—the person approved by the Treasurer or a nominated officer for this provision.
pt.3-div.3
Annual reports and final reports
Annual reports and final reports
sec.46
Preparation of annual reports generally— Act , s 63
sec.46 Preparation of annual reports generally— Act , s 63
This section states, for section 63 (1) of the Act , the way a department’s accountable officer or a statutory body must prepare an annual report of the department or statutory body, other than a final report.
A department’s accountable officer or a statutory body must, for each financial year, prepare an annual report in accordance with the annual report requirements document.
The annual report must contain a copy of the following for the department or statutory body—
the annual financial statements, audited by the authorised auditor for the department or statutory body;
the certification of the annual financial statements;
the authorised auditor’s report about the annual financial statements;
information on the performance of the department or statutory body required under the annual report requirements document.
An accountable officer or statutory body may prepare an annual report, including the annual financial statements contained in the report, in electronic form if—
copies of the report are also available in paper form; and
the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
(sec.46-ssec.1) This section states, for section 63 (1) of the Act , the way a department’s accountable officer or a statutory body must prepare an annual report of the department or statutory body, other than a final report.
(sec.46-ssec.2) A department’s accountable officer or a statutory body must, for each financial year, prepare an annual report in accordance with the annual report requirements document.
(sec.46-ssec.3) The annual report must contain a copy of the following for the department or statutory body— the annual financial statements, audited by the authorised auditor for the department or statutory body; the certification of the annual financial statements; the authorised auditor’s report about the annual financial statements; information on the performance of the department or statutory body required under the annual report requirements document.
(sec.46-ssec.4) An accountable officer or statutory body may prepare an annual report, including the annual financial statements contained in the report, in electronic form if— copies of the report are also available in paper form; and the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
(a) the annual financial statements, audited by the authorised auditor for the department or statutory body;
(b) the certification of the annual financial statements;
(c) the authorised auditor’s report about the annual financial statements;
(d) information on the performance of the department or statutory body required under the annual report requirements document.
(a) copies of the report are also available in paper form; and
(b) the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
sec.47
Provision and tabling of annual reports— Act , s 63
sec.47 Provision and tabling of annual reports— Act , s 63
This section states—
for section 63 (1) of the Act —when a department’s accountable officer or a statutory body must give an annual report to the appropriate Minister for the department or statutory body; and
for section 63 (2) of the Act —when the annual report must be tabled in the Legislative Assembly.
A department’s accountable officer or a statutory body must give an annual report for a financial year to the appropriate Minister for the department or statutory body by a day agreed between the accountable officer or statutory body and the appropriate Minister.
The day agreed must allow the annual report to be tabled in the Legislative Assembly within 3 months after the end of the financial year (the tabling period ).
The appropriate Minister may extend or further extend, for the financial year, the tabling period by notice given to the department’s accountable officer or the statutory body.
However, if the appropriate Minister extends the tabling period to a period of more than 6 months after the end of the financial year, the appropriate Minister must, within 14 days after giving the extension, table in the Legislative Assembly a notice stating—
the report is being tabled late; and
the length of the delay; and
the reasons for the delay.
The appropriate Minister must table the annual report in the Legislative Assembly within the tabling period mentioned in subsection (3) or extended under subsection (4) .
This section does not apply in relation to a final report.
(sec.47-ssec.1) This section states— for section 63 (1) of the Act —when a department’s accountable officer or a statutory body must give an annual report to the appropriate Minister for the department or statutory body; and for section 63 (2) of the Act —when the annual report must be tabled in the Legislative Assembly.
(sec.47-ssec.2) A department’s accountable officer or a statutory body must give an annual report for a financial year to the appropriate Minister for the department or statutory body by a day agreed between the accountable officer or statutory body and the appropriate Minister.
(sec.47-ssec.3) The day agreed must allow the annual report to be tabled in the Legislative Assembly within 3 months after the end of the financial year (the tabling period ).
(sec.47-ssec.4) The appropriate Minister may extend or further extend, for the financial year, the tabling period by notice given to the department’s accountable officer or the statutory body.
(sec.47-ssec.5) However, if the appropriate Minister extends the tabling period to a period of more than 6 months after the end of the financial year, the appropriate Minister must, within 14 days after giving the extension, table in the Legislative Assembly a notice stating— the report is being tabled late; and the length of the delay; and the reasons for the delay.
(sec.47-ssec.6) The appropriate Minister must table the annual report in the Legislative Assembly within the tabling period mentioned in subsection (3) or extended under subsection (4) .
(sec.47-ssec.7) This section does not apply in relation to a final report.
(a) for section 63 (1) of the Act —when a department’s accountable officer or a statutory body must give an annual report to the appropriate Minister for the department or statutory body; and
(b) for section 63 (2) of the Act —when the annual report must be tabled in the Legislative Assembly.
(a) the report is being tabled late; and
(b) the length of the delay; and
(c) the reasons for the delay.
sec.48
Consolidated reports
sec.48 Consolidated reports
This section applies if a Minister is the appropriate Minister for a number of statutory bodies having the same financial year.
The appropriate Minister may prepare a consolidated report comprising the annual reports of each of the statutory bodies for a particular financial year.
If the appropriate Minister prepares a consolidated report, section 47 (6) does not apply in relation to the tabling of the report or the annual reports of the statutory bodies.
Instead, the appropriate Minister must—
table the consolidated report in the Legislative Assembly within 1 month after receiving the last of the annual reports for the statutory bodies; or
incorporate the consolidated report in—
the annual report of the department administered by the appropriate Minister; or
the annual report of a statutory body helping the Minister in administering the Act or Acts under which the statutory bodies are established.
If the appropriate Minister acts under subsection (4) (b) (ii) , the Minister must, despite section 47 (6) , table the statutory body’s annual report in the Legislative Assembly within 1 month after receiving the last of the annual reports for the statutory bodies.
If the Minister tables in the Legislative Assembly a consolidated report more than 4 months after the end of the statutory bodies’ financial year, the Minister must also table a notice stating—
the report is being tabled late; and
the length of the delay; and
the reasons for the delay.
(sec.48-ssec.1) This section applies if a Minister is the appropriate Minister for a number of statutory bodies having the same financial year.
(sec.48-ssec.2) The appropriate Minister may prepare a consolidated report comprising the annual reports of each of the statutory bodies for a particular financial year.
(sec.48-ssec.3) If the appropriate Minister prepares a consolidated report, section 47 (6) does not apply in relation to the tabling of the report or the annual reports of the statutory bodies.
(sec.48-ssec.4) Instead, the appropriate Minister must— table the consolidated report in the Legislative Assembly within 1 month after receiving the last of the annual reports for the statutory bodies; or incorporate the consolidated report in— the annual report of the department administered by the appropriate Minister; or the annual report of a statutory body helping the Minister in administering the Act or Acts under which the statutory bodies are established.
(sec.48-ssec.5) If the appropriate Minister acts under subsection (4) (b) (ii) , the Minister must, despite section 47 (6) , table the statutory body’s annual report in the Legislative Assembly within 1 month after receiving the last of the annual reports for the statutory bodies.
(sec.48-ssec.6) If the Minister tables in the Legislative Assembly a consolidated report more than 4 months after the end of the statutory bodies’ financial year, the Minister must also table a notice stating— the report is being tabled late; and the length of the delay; and the reasons for the delay.
(a) table the consolidated report in the Legislative Assembly within 1 month after receiving the last of the annual reports for the statutory bodies; or
(b) incorporate the consolidated report in— (i) the annual report of the department administered by the appropriate Minister; or (ii) the annual report of a statutory body helping the Minister in administering the Act or Acts under which the statutory bodies are established.
(i) the annual report of the department administered by the appropriate Minister; or
(ii) the annual report of a statutory body helping the Minister in administering the Act or Acts under which the statutory bodies are established.
(i) the annual report of the department administered by the appropriate Minister; or
(ii) the annual report of a statutory body helping the Minister in administering the Act or Acts under which the statutory bodies are established.
(a) the report is being tabled late; and
(b) the length of the delay; and
(c) the reasons for the delay.
sec.49
Annual reports of newly formed departments or statutory bodies
sec.49 Annual reports of newly formed departments or statutory bodies
A newly formed department’s accountable officer must, under section 46 , prepare the newly formed department’s annual report (the department’s first annual report ) for the period from the department’s formation day until the end of the financial year in which the department was formed.
A newly formed statutory body must, under section 46 , prepare the statutory body’s annual report (the statutory body’s first annual report ) for the period from the statutory body’s formation day until the end of the financial year in which the statutory body was established.
Subsection (4) applies if the formation day for the department or statutory body is within 4 months before the end of a financial year for the department or statutory body.
The Treasurer or a nominated officer for this section may give approval for the department or statutory body to prepare its first annual report for the period from the department’s or statutory body’s formation day until the end of the financial year after the financial year in which the department or statutory body was formed or established.
Before giving an approval under subsection (4) , the Treasurer or nominated officer must consult with—
the auditor-general; and
the Premier.
If the Treasurer or a nominated officer gives an approval under subsection (4) , the appropriate Minister for the newly formed department or newly formed statutory body must table in the Legislative Assembly a notice stating—
the department or statutory body was formed or established; and
the annual report from the formation day to the end of the financial year will be prepared and tabled as part of the annual report for the next financial year.
(sec.49-ssec.1) A newly formed department’s accountable officer must, under section 46 , prepare the newly formed department’s annual report (the department’s first annual report ) for the period from the department’s formation day until the end of the financial year in which the department was formed.
(sec.49-ssec.2) A newly formed statutory body must, under section 46 , prepare the statutory body’s annual report (the statutory body’s first annual report ) for the period from the statutory body’s formation day until the end of the financial year in which the statutory body was established.
(sec.49-ssec.3) Subsection (4) applies if the formation day for the department or statutory body is within 4 months before the end of a financial year for the department or statutory body.
(sec.49-ssec.4) The Treasurer or a nominated officer for this section may give approval for the department or statutory body to prepare its first annual report for the period from the department’s or statutory body’s formation day until the end of the financial year after the financial year in which the department or statutory body was formed or established.
(sec.49-ssec.5) Before giving an approval under subsection (4) , the Treasurer or nominated officer must consult with— the auditor-general; and the Premier.
(sec.49-ssec.6) If the Treasurer or a nominated officer gives an approval under subsection (4) , the appropriate Minister for the newly formed department or newly formed statutory body must table in the Legislative Assembly a notice stating— the department or statutory body was formed or established; and the annual report from the formation day to the end of the financial year will be prepared and tabled as part of the annual report for the next financial year.
(a) the auditor-general; and
(b) the Premier.
(a) the department or statutory body was formed or established; and
(b) the annual report from the formation day to the end of the financial year will be prepared and tabled as part of the annual report for the next financial year.
sec.50
Final reports of abolished departments or statutory bodies— Act , s 63
sec.50 Final reports of abolished departments or statutory bodies— Act , s 63
This section states, for section 63 of the Act —
the way an abolished department’s former accountable officer, or the administering department for an abolished statutory body, must prepare a final report of the department or statutory body; and
when the former accountable officer or administering department must give the final report to the former appropriate Minister for the department or statutory body; and
when the final report must be tabled in the Legislative Assembly.
An abolished department’s former accountable officer, or the administering department for an abolished statutory body, must, within 1 month after the auditor-general gives a report about the final financial statements of the abolished department or abolished statutory body to the former appropriate Minister—
prepare the final report for the abolished department or abolished statutory body; and
give the final report to the former appropriate Minister for the abolished department or abolished statutory body.
In preparing the final report, the former accountable officer or administering department must comply with the annual report requirements document.
The final report must contain a copy of the following for the abolished department or abolished statutory body—
the final financial statements, audited by the auditor-general;
the certification of the final financial statements;
the report of the auditor-general about the final financial statements;
information on the performance of the department or statutory body required under the annual report requirements document.
The former accountable officer or administering department may prepare the final report, including the final financial statements contained in the report, in electronic form if—
copies of the report are also available in paper form; and
the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
The former appropriate Minister must table the final report in the Legislative Assembly within 14 days after receiving it.
If the former appropriate Minister tables the final report more than 14 days after receiving it, the former appropriate Minister must also table in the Legislative Assembly a notice stating—
the report is being tabled late; and
the length of the delay; and
the reasons for the delay.
(sec.50-ssec.1) This section states, for section 63 of the Act — the way an abolished department’s former accountable officer, or the administering department for an abolished statutory body, must prepare a final report of the department or statutory body; and when the former accountable officer or administering department must give the final report to the former appropriate Minister for the department or statutory body; and when the final report must be tabled in the Legislative Assembly.
(sec.50-ssec.2) An abolished department’s former accountable officer, or the administering department for an abolished statutory body, must, within 1 month after the auditor-general gives a report about the final financial statements of the abolished department or abolished statutory body to the former appropriate Minister— prepare the final report for the abolished department or abolished statutory body; and give the final report to the former appropriate Minister for the abolished department or abolished statutory body.
(sec.50-ssec.3) In preparing the final report, the former accountable officer or administering department must comply with the annual report requirements document.
(sec.50-ssec.4) The final report must contain a copy of the following for the abolished department or abolished statutory body— the final financial statements, audited by the auditor-general; the certification of the final financial statements; the report of the auditor-general about the final financial statements; information on the performance of the department or statutory body required under the annual report requirements document.
(sec.50-ssec.5) The former accountable officer or administering department may prepare the final report, including the final financial statements contained in the report, in electronic form if— copies of the report are also available in paper form; and the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
(sec.50-ssec.6) The former appropriate Minister must table the final report in the Legislative Assembly within 14 days after receiving it.
(sec.50-ssec.7) If the former appropriate Minister tables the final report more than 14 days after receiving it, the former appropriate Minister must also table in the Legislative Assembly a notice stating— the report is being tabled late; and the length of the delay; and the reasons for the delay.
(a) the way an abolished department’s former accountable officer, or the administering department for an abolished statutory body, must prepare a final report of the department or statutory body; and
(b) when the former accountable officer or administering department must give the final report to the former appropriate Minister for the department or statutory body; and
(c) when the final report must be tabled in the Legislative Assembly.
(a) prepare the final report for the abolished department or abolished statutory body; and
(b) give the final report to the former appropriate Minister for the abolished department or abolished statutory body.
(a) the final financial statements, audited by the auditor-general;
(b) the certification of the final financial statements;
(c) the report of the auditor-general about the final financial statements;
(d) information on the performance of the department or statutory body required under the annual report requirements document.
(a) copies of the report are also available in paper form; and
(b) the electronic form of the report clearly states that copies of the report are also available in paper form and how the copies may be obtained.
(a) the report is being tabled late; and
(b) the length of the delay; and
(c) the reasons for the delay.
pt.3-div.4
Provision about tabling documents
Provision about tabling documents
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This standard may be cited as the Financial and Performance Management Standard 2019 .
sec.2 Commencement
sec.2 Commencement
This standard commences on 1 September 2019.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this standard.
sec.4 Purpose of standard
sec.4 Purpose of standard
The purpose of this standard is to provide a framework for a department’s accountable officer or a statutory body to achieve reasonable value for money by establishing and maintaining systems, practices and controls for the efficient, effective and economical financial and performance management of the department or statutory body.
A department’s accountable officer or a statutory body—
is not limited by this standard; and
must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body.
A department’s accountable officer or a statutory body may include matters in a system other than matters mentioned in this standard as elements of the system.
(sec.4-ssec.1) The purpose of this standard is to provide a framework for a department’s accountable officer or a statutory body to achieve reasonable value for money by establishing and maintaining systems, practices and controls for the efficient, effective and economical financial and performance management of the department or statutory body.
(sec.4-ssec.2) A department’s accountable officer or a statutory body— is not limited by this standard; and must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body. A department’s accountable officer or a statutory body may include matters in a system other than matters mentioned in this standard as elements of the system.
(a) is not limited by this standard; and
(b) must adopt a proactive approach in monitoring the appropriateness of the systems, operations and overall financial position and performance of the department or statutory body.
sec.5 Relationship with other documents
sec.5 Relationship with other documents
This section applies if a provision of this standard provides that, in particular circumstances, a department’s accountable officer, a statutory body or the Treasurer must have regard to another document.
The accountable officer, statutory body or Treasurer complies with the provision by—
considering the contents of the document; and
deciding whether the contents apply in the circumstances; and
if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents.
A copy of a document mentioned in this standard that is made, published or tabled in the Legislative Assembly by the Treasurer or the treasury department may be obtained from the head office of the treasury department in Brisbane or from the treasury department’s website.
(sec.5-ssec.1) This section applies if a provision of this standard provides that, in particular circumstances, a department’s accountable officer, a statutory body or the Treasurer must have regard to another document.
(sec.5-ssec.2) The accountable officer, statutory body or Treasurer complies with the provision by— considering the contents of the document; and deciding whether the contents apply in the circumstances; and if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents. A copy of a document mentioned in this standard that is made, published or tabled in the Legislative Assembly by the Treasurer or the treasury department may be obtained from the head office of the treasury department in Brisbane or from the treasury department’s website.
Establishes reporting, audit and tabling regimes: timing for delivering statements to authorised auditors (sec.41), limits on pre‑tabling release of annual financial statements (sec.42), contents of annual reports (secs.46-47) and special rules for abolished or newly formed entities (secs.36-37, 40, 44-45, 49-50).
Repeals the 2009 standard and enacts transitional rules preserving existing instruments and approvals (secs.59-76, esp. secs.61-75).
The standard repeatedly links to external policy documents (for example the financial accountability handbook, QGEA, the Queensland Government performance management framework policy, and other Treasury and Department of the Premier and Cabinet material) and prescribes when those documents must be applied, or at least ‘have regard to’ (see sec.5, and specific references throughout, for example secs.7(4), 8(4), 11(3), 18(3)-(4), 22(2)-(3), 23(4)-(5), 32(3), 58). The text therefore functions partly as a hub: it prescribes high‑level mandatory systems, and delegates much technical detail to external documents.
The standard’s stated policy rationale is the achievement of reasonable value for money through defined systems and controls (sec.4). That stated aim is expressed as a requirement on accountable officers and statutory bodies to adopt a proactive approach to monitoring appropriateness of systems, operations and overall financial position and performance (sec.4(2)). The standard converts that policy aim into prescriptive duties, reporting obligations and process rules that create administrative costs (implementation, training, record keeping, audit engagement) and operational choices (what gets centralised; what is outsourced; what instruments to use for guarantees). The text does not itself create criminal penalties; it instead builds enforcement through reporting, certification, audit and ministerial oversight (see Part 3 and the internal audit/audit committee architecture in Part 2 Div 5).
Who pays, who decides and what changed mechanically: accountable officers and statutory bodies pay the implementation and compliance costs; the Treasurer, under‑Treasurer, appropriate Ministers and the auditor‑general make or influence many supervisory decisions (see secs.35, 41(5)-(7), 47(4)-(6), 55, 56). The mechanical change from the 2009 standard is repeal (sec.59) and replacement of obligations, with transitional provisions preserving existing instruments and approvals (secs.61-75).
Main concepts
The standard organises its requirements around a small number of recurring legal and managerial concepts. Each concept is defined or operationalised in a section and then cross‑referred throughout the instrument. Key concepts and their statutory anchors are:
Governance framework (sec.6). Governance is defined as the way a department or statutory body manages its functions and operations and expressly incorporates cultural and operational aspects, the ethics principles for public officials under the Public Sector Ethics Act 1994 s4, and concepts such as openness, integrity, accountability, due care and public defensibility. Governance explicitly includes establishing and maintaining a performance management system, a risk management system and an internal control structure (sec.6(3), (4)).
Internal control structure (sec.7). Required to be cost‑effective and to “strongly emphasise accountability, best practice management of the resources … and internal control.” It must include organisational structure and delegations, resourcing and training provisions, and separation of duties “to the extent practicable” (sec.7(1)-(6)). The internal control structure must be described in the financial management practice manual (sec.7(5)).
Strategic and operational plans (sec.8). A strategic plan is 4 years (subject to review), an operational plan is not more than 1 year, and both must comply with the Department of the Premier and Cabinet’s ‘Agency planning requirements’ (sec.8).
Performance management system (sec.10). A system to collect performance information to test whether objectives stated in the strategic plan are being achieved “efficiently, effectively and economically.” It must identify persons responsible for providing performance information, require quarterly reporting to the accountable officer (and annual reporting to the Minister, with additional reporting on demand), require assessment of objectives/services and identify potential efficiencies (sec.10(1)-(2)). Some subsections do not apply to the Queensland Audit Office (sec.10(3)).
Resource management systems (sec.11). Eight discrete systems are mandated: revenue, expense, asset, cash, liability, contingency, financial information and risk management (sec.11(1)). Each has detailed minimum functions later in the standard (for example sec.13 on revenue, sec.14 on expense, secs.18-22 on asset/cash/liability/contingency/financial information).
Financial management practice manual (sec.12). Departments and statutory bodies must prepare and maintain a manual in whatever form suits their resource management systems; the manual is binding on persons involved in financial management subject to applicable law (sec.12(1)-(3)). Ministers may prepare a standard manual that applies across multiple statutory bodies unless the Minister decides otherwise (sec.12(4)).
Internal audit and audit committees (secs.24-30). Departments must establish internal audit functions; statutory bodies must if directed by Minister or if they consider it appropriate. Internal audit operates under a charter, must prepare strategic and annual audit plans, provide reports and consult the authorised auditor, while departments must establish audit committees (secs.24-30).
Contract performance guarantees (secs.31-35). Detailed definitions of approved security provider (ratings thresholds or Treasurer approval), requirements for contract performance guarantee systems, form and amount of guarantees, irrevocability and immediate payment terms, and Treasurer’s approval process for guarantee providers (secs.31-35).
Reporting and tabling (Parts 3 and 4). Ties preparation and timing of annual and final financial statements to prescribed reporting requirements and to the financial reporting requirements document; obliges certification by accountable officers/chief finance officers and sets timelines for giving statements to authorised auditors, tabling reports in the Legislative Assembly and constraints on releasing statements pre‑tabling (secs.36-51).
The standard uses two drafting signals to allocate legal weight: “must” creates binding obligations; “must have regard to” indicates decision‑makers must consider specified documents but not necessarily follow them rigidly. Examples: the internal control structure must have regard to the financial accountability handbook and QGEA (sec.7(4)); the strategic and operational plans must comply with ‘Agency planning requirements’ (sec.8(4)).
Other definitional or semi‑definitional terms to note: “significant asset” is defined by the accountable officer or statutory body by reference to value, role in service delivery or risk (sec.18(6)); “approved security provider” is defined by professional rating thresholds or explicit Treasurer approval (sec.31).
Lastly, the standard is modular: many operational details are offloaded to named external policy documents (QGEA, financial accountability handbook, Queensland procurement policy, Project assessment framework, Non‑current asset policies, and performance management, audit committee and other guidelines). The standard specifies when those external documents must be complied with, must be considered, or simply must be available (secs.5, 7(4), 8(4), 11(3), 12(2), 14(2)(b), 18(3)-(4), 22(2)-(3), 23(4), 32(3), 58).
Who it affects
The standard allocates duties and decision rights to a compact set of actors; it also creates measurable obligations for third parties engaged by departments and statutory bodies.
Primary duty‑holders
Accountable officers of departments. The accountable officer is the principal duty‑holder throughout: they must establish governance frameworks (sec.6), internal control structures (sec.7), strategic and operational plans (sec.8), resource management systems (sec.11), financial management practice manuals (sec.12), internal audit functions (sec.24), and audit committees (sec.30). They must prepare and certify annual financial statements (sec.38) and arrange for performance management and the information flows required by sec.10.
Statutory bodies. Statutory bodies have parallel obligations where specified: establishing and maintaining governance frameworks, resource management systems, financial management practice manuals and internal audit functions where directed or considered appropriate (secs.6, 7, 11, 12, 24). The chairperson and the person responsible for financial administration must provide certifications on the statutory body’s annual financial statements (sec.39).
Ministerial and Treasury actors
Appropriate Minister. Receives annual reports and can extend tabling periods (sec.47). The Minister may also direct a statutory body to establish an internal audit function (sec.24(2)). The Minister is the addressee for certain notifications such as material losses (sec.16(3)).
Treasurer and under‑Treasurer. The Treasurer has explicit decision powers: approve guarantee providers (sec.35), receive copies of asset evaluations (sec.18(5)), and be given reports in certain circumstances (sec.5(2)). The under‑Treasurer must approve departmental insurance contracts except where exemptions apply (sec.55).
Auditor‑general and authorised auditors. The authorised auditor audits annual financial statements and provides reports to the department or statutory body; the standard prescribes timing for delivering statements to authorised auditors (sec.41), and the auditor‑general receives final financial statements for abolished entities (secs.44-45, 50).
Other affected parties
Employees and officers. Must comply with the department’s financial management practice manual (sec.12(3)). The internal control structure must provide for employment of qualified and competent officers and training (sec.7(2)(b)).
Contractors and guarantee providers. Contractors entering into contracts with a department or statutory body may be required to give contract performance guarantees (sec.32). Approved security providers must meet specified rating thresholds or be approved by the Treasurer (sec.31, 35). If a provider ceases to be approved, the contractor may be required, within 30 days of notice, to arrange replacement by monetary deposit or another approved provider (sec.32(2)(a)-(b)).
External service providers and insurers. Certain insurance contracts require under‑Treasurer approval (sec.55), except specified types such as CTP, workers’ compensation and travel or motor vehicle liability insurance. External service providers that give assurance about controls must be disclosed in the chief finance officer’s statement (sec.54(1)(e)).
Diffuse stakeholders
Parliament and the public. The standard prescribes content and tabling of annual and final reports in the Legislative Assembly (secs.46-51). Sec.51 governs tabling when the Legislative Assembly is not sitting.
Who decides
Many operational choices are left to accountable officers and statutory bodies (for example the amount and form of guarantees, sec.33), subject to constrained discretion exercised via “must have regard to” or “must comply with” mandatory external documents, and oversight by the Treasurer, Ministers and auditors (secs.5, 12(4), 18(5), 35, 41(5)-(7), 47).
Net effect on private parties
Contractors face liquidity and credit constraints from monetary security deposit requirements and approved provider rules (secs.32-34). Guarantee providers face a formal approval gate operated by the Treasurer (sec.35). Auditors, internal audit heads and finance officers have legally prescribed consultation and reporting roles (secs.22(3), 26, 29). The standard thus reshapes procurement and contracting risk allocation by inserting cash‑or‑approved guarantees and formal criteria for provider acceptability.
Key duties and rights
The standard prescribes duties across governance, planning, resource management, assurance and reporting. It also establishes limited rights or discretions for Ministers, the Treasurer and accountable officers. Below are the principal duties and the decisions that can be made under the instrument, with section references.
Governance and systems duties
Establish and maintain an appropriate governance framework (sec.6(1)). Governance includes ethics principles in the Public Sector Ethics Act 1994 s4 and requires a performance management, risk management and internal control structure (sec.6(3)-(4)).
Establish and maintain an internal control structure emphasising accountability and best practice, including organisational structure, delegations, training and separation of duties (sec.7(1)-(6)). The internal control structure must be described in the financial management practice manual (sec.7(5)).
Develop a strategic plan (4 years) and an operational plan (no more than one year) in compliance with the agency planning requirements (sec.8(1)-(5)). The accountable officer is responsible for implementation (sec.8(5)).
Establish and maintain a performance management system to obtain performance information, with quarterly reporting to the accountable officer and at least annual reporting to the appropriate Minister (sec.10(1)-(2)).
Resource management duties
Establish and regularly review the mandated resource management systems (revenue, expense, asset, cash, liability, contingency, financial information and risk) (sec.11(1)-(3)).
Prepare and maintain a financial management practice manual; require staff involved in financial management to comply with it (sec.12(1)-(3)).
Manage revenue according to the revenue management system and, subject to sec.13(2), fix charges having regard to the Treasury ‘Principles for fees and charges’ document (sec.13(1)-(3)).
Manage expenses to achieve reasonable value for money and comply, where applicable, with Queensland procurement policy and ministerial handbook; implement credit card systems according to Treasurer’s guidelines (sec.14(1)-(3)).
Maintain records of special payments over $5,000 with specified details (sec.15).
Keep records and notify relevant authorities for losses suspected to arise from offences or corrupt conduct; material losses must be notified to the Minister and auditor‑general and, depending on the nature, to police or the Crime and Corruption Commission within specified times (sec.16(1)-(3)).
Manage assets in accordance with the asset management system, including evaluation before completion of significant assets and post‑completion performance reviews; comply with Non‑current asset policies and the Project assessment framework for evaluations (sec.18(1)-(5)).
Manage cash, liabilities and contingencies to specified minimum functional standards (secs.19-21).
Manage financial information systems to support preparation of annual financial statements, to comply with Public Records Act 2002 and to ensure security; consult specified parties before establishing or materially changing the system (sec.22(1)-(3)).
Assurance and audit duties
Departments must establish internal audit functions; statutory bodies must if directed or if they consider it appropriate (sec.24(1)-(3)). Internal audit operates under a charter consistent with professional auditing and ethical standards and approved by the accountable officer or statutory body (sec.25).
Internal audit must prepare strategic and annual audit plans appropriate to size and function, and have those plans approved (sec.26).
Internal audit reports must provide the audited area a copy of proposed reports and include comments from the area; final reports are given to the accountable officer and audit committee (sec.27).
Accountable officers and statutory bodies must consider internal audit reports and take actions they consider necessary (sec.28).
Heads of internal audit must consult with authorised auditors when preparing audit plans (sec.29).
Departments must, and statutory bodies may, establish audit committees; committee terms of reference must be prepared and must have regard to audit committee guidelines; audit committees must report annually on operations (sec.30).
Contract performance guarantee duties and discretions
Establish contract performance guarantee systems to decide which contracts require guarantees and to manage guarantees (sec.32(1)). The system must include a condition that requires contractors to provide a monetary deposit or another approved provider’s guarantee within 30 days after notice if the provider ceases to be approved (sec.32(2)).
The accountable officer or statutory body decides the form and amount of a contract performance guarantee it considers “adequate and suitable security” (sec.33).
Monetary security deposits must be immediately available; guarantees provided by approved security providers must be irrevocable, unconditional, payable immediately on demand and available until obligations are performed (sec.34).
The Treasurer (or nominated officer) may approve guarantee providers after considering APRA regulation, credit rating, business history and financial position (sec.35).
Reporting and financial statement duties
Prepare annual financial statements in accordance with the financial reporting requirements document and certify compliance with resource management systems and that statements present a true and fair view in accordance with prescribed accounting standards (secs.38-39).
Deliver annual financial statements to authorised auditors by a day agreed with the auditor that allows audit and reporting to be finished no later than two months after year end, subject to extensions by Treasurer/under‑Treasurer in exceptional events up to six months (sec.41).
Do not release annual financial statements prior to the annual report tabling, except to specified persons or under specific ministerial/Treasurer authorisations (sec.42).
Prepare annual reports in accordance with the annual report requirements document and include audited annual financial statements, certifications and authorised auditor reports (sec.46).
Provide annual reports to the appropriate Minister by a day that allows tabling within three months; Ministers can extend tabling periods and must table notice if extension exceeds six months (sec.47).
Rights, discretions and ministerial functions
Statutory bodies may choose to establish internal audit functions unless directed by the Minister (sec.24(2)).
Accountable officers and statutory bodies have discretion to decide which contracts require guarantees and the adequate form/amount of guarantees (secs.32, 33), subject to the obligation to act within their own system and have regard to the financial accountability handbook (sec.32(3)).
Treasurer, under‑Treasurer and nominated officers hold approval and timing discretions (secs.35, 41(5)-(7), 55, 70-71 in transitional provisions).
The standard contains many “must” obligations; it does not, however, specify criminal penalties within its text. Enforcement operates through audit, ministerial oversight, requirements to notify oversight bodies for certain losses (sec.16), and the broader machinery of the Act under which the standard sits.
Penalties and enforcement
The text of the standard does not create express criminal offences or specify pecuniary penalties in the document itself. Instead, the standard establishes enforcement and compliance mechanisms that rely on administrative oversight, audit, statutory certification and reporting, and existing sectoral enforcement channels. The principal enforcement mechanisms set out in the standard are:
Audit and certification
Annual and final financial statements must be prepared in accordance with prescribed financial reporting requirements and certified by senior officers (secs.38-39, 44-45). That certification is a formal, observable act that creates reputational and administrative consequences. The authorised auditor and auditor‑general audit and report on statements (secs.38(4), 39(5), 44(4)-45(4)).
The head of internal audit, internal audit reports and audit committees feed assurance into accountable officers and statutory bodies; internal audit must operate under a charter consistent with auditing and ethical standards (secs.24-30). Internal audit reports must be considered and acted upon (sec.28).
Ministerial and Treasury oversight
The appropriate Minister receives annual reports and has the power to extend tabling periods, with statutory notice requirements if extensions exceed six months (sec.47). The Treasurer and under‑Treasurer control approvals in specific domains: the Treasurer approves guarantee providers (sec.35), may require asset evaluation copies (sec.18(5)); the under‑Treasurer must approve insurance contracts for departments except specified categories (sec.55).
Timing and exceptional events: the Treasurer or under‑Treasurer may, after consulting the auditor‑general, set later days for giving annual financial statements to the authorised auditor if an event affecting multiple entities disrupts normal audit timelines (sec.41(5)-(7)).
Reporting obligations and notifications
For losses that may arise from offences or corrupt conduct, if a loss is material the accountable officer or statutory body must notify the appropriate Minister, the auditor‑general and, depending on the suspicion, the police or the Crime and Corruption Commission within a specified period (sec.16(3)). That invokes external investigatory bodies whose own statutory powers can produce enforcement consequences.
Records of special payments over $5,000 must be kept with prescribed details (sec.15). The requirement to keep records creates a paper trail that auditors and oversight bodies can inspect.
Tabling and public exposure
Annual financial statements must be included in the annual report tabled in the Legislative Assembly and there are constraints on pre‑tabling release (sec.42). Failure to meet tabling timelines triggers ministerial public notices where extensions exceed statutory thresholds (sec.47(5)). Public tabling is an enforcement channel by which Parliament, media and public stakeholders can scrutinise compliance.
Administrative sanctions and remedies (not specified in the standard)
The standard does not itself set out fines, suspensions or removal powers; those enforcement outcomes, where relevant, would be derived from the enabling Act or other statutes (for example the Act under which the standard is made) or from oversight bodies acting under their own powers. The standard does, however, require engagement with bodies that can exercise coercive or corrective powers, notably police and the Crime and Corruption Commission in relation to suspected corrupt conduct (sec.16(3)(d)).
Practical enforcement risk
The standard creates multiple administrative triggers that can lead to external scrutiny: audit qualifications, statutory notifications for material losses, failure to table reports or to obtain required certifications, and internal audit findings that are not actioned (secs.16, 27-28, 38-39, 44-45, 47). These triggers expose accountable officers and statutory body members to reputational, parliamentary and investigatory scrutiny.
Where the standard refers to sanctions outside its text
Several provisions require compliance with other laws or documents that themselves contain enforcement mechanisms. For example, governance must incorporate ethics principles in the Public Sector Ethics Act 1994 s4 (sec.6(3)); management of financial information must comply with the Public Records Act 2002 (sec.22(2)(e)); and approvals for some insurance contracts interact with Commonwealth‑regulated insurers (sec.55 referencing Insurance Act 1973 (Cth)). Enforcement arising from contraventions of those Acts would follow the enforcement regimes of the respective Acts.
Summary
The standard enforces compliance primarily by creating documentary, audit and notification obligations that feed oversight bodies (auditor‑general, authorised auditors, Ministers, Treasurer, police/CCC) rather than by creating separate penal sanctions in the standard itself. The practical enforcement architecture is therefore administrative and investigatory rather than criminal or pecuniary within the standard’s text.
How it interacts with other laws
The standard repeatedly cross‑references state and federal statutes, audit and records regimes, and a network of policy instruments. These interactions allocate substantive legal influence to external statutes and policy documents and set layered compliance obligations.
Statutory cross‑references (Queensland and federal)
Public Sector Ethics Act 1994 (Qld): Governance must incorporate the ethics principles for public officials under s4 of that Act (sec.6(3)), embedding statutory ethical standards inside the governance definition.
Auditor‑General Act 2009 (Qld): The standard refers to the Queensland Audit Office established under the Auditor‑General Act 2009 (sec.10(4)), and uses the auditor‑general / authorised auditor construct throughout the annual and final statements regime (secs.38-45). Audit timing and requirements therefore interact directly with the Auditor‑General Act and the auditor’s statutory powers.
Public Records Act 2002 (Qld): Financial information management systems must ensure compliance with the Public Records Act 2002 (sec.22(2)(e)). Records retention and destruction obligations under that Act therefore bind how financial information systems are designed and operated.
Crime and Corruption Act 2001 (Qld): The standard defines “corrupt conduct” by reference to the Crime and Corruption Act 2001 (sec.16(4)). Where losses are suspected to involve corrupt conduct, reporting to the Crime and Corruption Commission is mandated (sec.16(3)(d)), engaging that Act’s investigative powers.
Criminal Code and other Acts: Losses that may reflect a criminal offence must be recorded and, if material, notified to police (sec.16(1)-(3)). The standard does not re‑create criminal law but creates reporting obligations that trigger criminal or corruption investigations under other statutes.
Insurance Act 1973 (Cth) and APRA‑related statutes: The Treasurer’s approval of guarantee providers and the standard’s definitions reference APRA regulation and the Insurance Act 1973 (Cth) through sec.35 and sec.31’s definitions of “insurance company” and “approved security provider.” This links Commonwealth prudential regulatory concepts into the state standard’s provider approval gate.
Motor Accident Insurance Act 1994 (Qld) and Workers’ Compensation and Rehabilitation Act 2003 (Qld): The standard carves out permitted insurance contracts that do not need under‑Treasurer approval, referencing those Acts (sec.55(2)(b)(i)-(ii)).
Interaction with administrative practice instruments and guidelines
The standard integrates or requires regard to multiple named policy documents and guidance instruments. Examples:
Financial accountability handbook is referenced repeatedly as a mandatory point of regard for internal control structures and resource management systems (secs.7(4), 11(3), 32(3)).
QGEA (Queensland Government Enterprise Architecture) is referenced for internal control structures and financial information and ICT risk management (secs.7(4), 22(2)(d), 23(5)).
Agency planning requirements, Queensland government performance management framework policy, Queensland procurement policy, Queensland ministerial handbook, Treasurer’s guidelines for corporate purchasing card, Non‑current asset policies, Project assessment framework and audit committee guidelines are all named in relevant sections (secs.8(4), 9(1), 14(2)(b), 14(3), 18(3)-(4), 23(4)).
The consequence is a two‑tier compliance model: the standard prescribes minimum architecture and delegates many technical requirements to specified external documents; where the standard says “must comply with” (for example sec.8(4), sec.14(2)(b), sec.18(3)), compliance with those documents is obligatory; where the standard says “must have regard to” (for example sec.7(4), sec.11(3)), the accountable officer must consider them but retains some discretion.
Parliamentary procedure and tabling regimes
The standard interacts with Parliament and tabling statutes. It prescribes the content and timing for tabling in the Legislative Assembly (secs.46-51). Sec.51 also references the Parliament of Queensland Act 2001 s59 by excluding documents subject to that section from its own tabling rules, thereby interacting with Parliament’s procedural rules.
Transitional and interpretive Acts
The standard repeals the Financial and Performance Management Standard 2009 (sec.59) and provides transitional provisions preserving existing instruments, approvals and committees (secs.61-75). It also states that the Acts Interpretation Act 1954 s20 applies except where a contrary intention is expressed (sec.76), aligning statutory construction rules with typical interpretation principles.
Consequences of these interactions
The standard is not a closed regulatory code: it imports normative content from multiple other statutory and policy instruments. Practically, that multiplies compliance obligations and creates dependence on evolving external documents (Treasury publications, DPC guidance, APRA ratings), so accountable officers must track changes in multiple sources because the standard either requires compliance with them or requires they be considered (secs.5, 7(4), 11(3), 12(2), 18(3), 22(2), 23(5), 32(3), 58).
Some obligations will result in engagement with investigative or enforcement agencies under other statutes (police, Crime and Corruption Commission, auditor‑general) where the standard’s reporting triggers those agencies’ statutory powers (sec.16(3)).
Amendment history
The standard contains two dedicated, short amendment‑history points within its text; the primary mechanical information is the date of commencement and the repeal of the 2009 instrument.
Commencement: The standard commenced on 1 September 2019 (sec.2).
Repeal of prior instrument: The Financial and Performance Management Standard 2009, SL No. 104, is expressly repealed (sec.59). The transitional Part (Part 5 Div 2, secs.60-76) preserves continuity by taking existing instruments, approvals, committees, and process starts under the old standard and treating them as established under the corresponding provisions of the new standard (secs.61-75). Examples:
Existing internal control structures, strategic and operational plans, systems, financial management practice manuals, internal audit functions and charters, and audit plans in effect immediately before commencement continue in effect and are taken to have been established under the corresponding new provisions (sec.61).
A charge fixed under the repealed s17(1)(b) continues and is taken to have been fixed under sec.13(1)(b) of the new standard (sec.62).
Existing approvals of security providers given under the repealed standard continue in effect and are taken to have been given under sec.35 (sec.67).
The transitional divisions provide specific treatments for contract performance guarantees, audit committees, risk committees, timing decisions and other administrative continuities (secs.64-74).
No further amendments appear in the provided text. The standard does not record subsequent amending instruments within the text supplied. Any later amendments would appear in subsequent legislative instruments or consolidated versions published by the responsible authority; they are not included in the material you supplied.
Practical effect of the repeal and transitional approach
The transitional rules are detailed and operational: they avoid immediate rework of systems, plans and approvals, but require bodies to align with the new standard over time, for example by documenting their internal control structure in the financial management practice manual (sec.7(5)) and ensuring systems have the functions now prescribed (sec.11).
Ministers, the Treasurer and accountable officers retain discretion to decide when to align formally; however the standard creates new mandatory processes (for example the formal quarterly performance information requirement in sec.10(2)(b)(i)) that must be adhered to from commencement unless a transitional carve‑out applies under the specific transitional provision.
Litigation history
The supplied text contains no references to judicial or tribunal decisions, and it cites no cases. The standard itself is an administrative instrument rather than a judicial pronouncement; the document does not include or summarise litigation, decisions, or a body of interpretive authority.
What the absence of litigated examples in the text implies for practitioners
No binding judicial constructions are supplied in the instrument. Where ambiguity exists (for example in undefined terms such as “material loss” used in secs.16-17), interpretation will rely on ordinary statutory construction principles, the context of the enabling Act and any later case law.
Key provisions that commonly give rise to disputes in the public finance context , for example, the appropriate standard of “reasonable value for money” (sec.4), the scope of mandatory versus discretionary duties (the difference between “must comply with” and “must have regard to”), the sufficiency of internal control arrangements (secs.6-7) or audit‑related disputes about timing and the sufficiency of disclosures (secs.38-41, 46-47) , will be subject to administrative review and, potentially, judicial review in appropriate circumstances. Those review avenues and remedies are not spelled out in the standard itself but arise from the administrative law framework and the enabling Act.
The contract performance guarantee regime (secs.31-35) creates operational relationships with private providers where contractual disputes (for example over enforcement of an unconditional demand under an irrevocable guarantee) could produce litigation. The standard prescribes the form and some payment characteristics (immediate on demand, irrevocable, unconditional) but enforcement of such a guarantee in specific facts will turn on contract law principles and any applicable federal prudential regulation for guarantee providers. The standard references APRA and insurer authorisation as inputs into Treasurer approvals (sec.35), but it does not displace normal contractual and insolvency law principles.
Practical advice for those preparing for possible disputes
Preserve contemporaneous records: the standard requires record keeping for special payments and losses (secs.15-17); those records will be central to any subsequent review or litigation.
Observe certification and reporting timelines strictly: the standard creates many timing‑linked duties (secs.38-41, 46-47, 50); failures here produce parliamentary exposure and may be evidence of non‑compliance in review processes.
Note the distinction between mandatory compliance and “have regard to” obligations: courts and tribunals often examine whether a decision‑maker properly considered mandatory materials. Where the standard uses “must comply with” (for example sec.8(4) about agency planning requirements) compliance is a stronger, tribunal‑facing obligation compared with “must have regard to” (for example sec.7(4)).
Because the act text does not provide litigation history, practitioners must monitor later case law and administrative determinations for interpretive developments on these points.
Gotchas
The standard contains numerous drafting features that may trip up practitioners if they are relied on only at a high level. Below are specific “gotchas” drawn from the text with precise section pointers and practical consequences.
“Have regard to” versus “must comply with”
The standard uses both phrases. “Must comply with” (for example sec.8(4): strategic and operational plans must comply with ‘Agency planning requirements’; sec.14(2)(b): expense management must comply with Queensland procurement policy and ministerial handbook to the extent they apply) imposes a stricter legal obligation than “must have regard to” (for example sec.7(4): internal control structure must have regard to the financial accountability handbook and QGEA). Consequence: you cannot assume discretionary flexibility where the standard uses “must comply with.”
Quarterly performance information to accountable officer; annual (and on demand) reporting to Minister
The performance management system requires persons to give performance information to the accountable officer at least once every three months and to the Minister at least annually and when asked (sec.10(2)(b)). Consequence: an operational reporting rhythm is mandated; ad hoc reporting to Ministers is explicitly contemplated.
Pre‑tabling release restrictions
A department or statutory body must not give annual financial statements to almost anyone prior to the annual report being tabled, with limited exceptions (authorised auditor, appropriate Minister, officers, members, agents engaged to prepare statements, persons under an authority from the appropriate Minister, Treasurer under s26 of the Act, or where another law permits) (sec.42). Consequence: premature disclosure can breach the standard; counsel and communications teams must coordinate timing.
Timing traps and extension mechanics
Accountable officers must give annual financial statements to the authorised auditor by an agreed day that allows completion of audit and reporting within two months of financial year end; the Treasurer/under‑Treasurer may extend this to six months in systemic events, but only after consulting the auditor‑general and with notice requirements (sec.41). Similarly, Ministers can extend tabling periods but must table a notice where extension exceeds six months (sec.47). Consequence: rely on formal notices rather than informal approvals; ensure consultation with auditor‑general where systemic events occur.
Contract performance guarantee practicalities
Monetary security deposits must be immediately available (sec.34(1)); guarantees from approved providers must be irrevocable, unconditional and payable on demand without reference to another entity (sec.34(2)). If an approved security provider stops being approved, contractors must provide replacement security within 30 days of notice or a monetary deposit (sec.32(2)(a)-(b)). Consequence: contractors may face liquidity strains and administrative steps; procurement and contracts teams must build clauses and monitoring processes into contracts.
Treasurer’s approval gate for guarantee providers
Approved security provider status is tightly defined by rating thresholds (Fitch, Moody’s, S&P) or Treasurer approval (sec.31, 35). Consequence: smaller guarantee providers will need explicit Treasurer approval; procuring bodies must monitor provider ratings and have processes to detect changes in approval status (sec.32(1)(c)).
Materiality language without statutory definition
The standard uses “material loss” (secs.16-17) but does not define “material” within the standard. Consequence: materiality will be assessed contextually; departments must adopt and document a materiality threshold in their financial management practice manual to reduce ambiguity.
Differing obligations for departments and statutory bodies
Some duties apply mandatorily to departments but only optionally or upon Minister direction to statutory bodies (for example internal audit functions in sec.24). Consequence: statutory bodies must check whether Ministerial direction applies; governance structures may differ accordingly.
Interplay with external documents
Many obligations require compliance with or regard to external documents (financial accountability handbook, QGEA, Project assessment framework, Non‑current asset policies, Queensland procurement policy, etc.). Consequence: changes or updates in those external documents can alter compliance requirements; responsible officers must track versions and amendment dates.
Special payments over $5,000, records of losses and actions taken, and the chief finance officer’s statement (sec.54) are all specific record obligations (secs.15-17, 54). Consequence: incomplete or inaccurate records are discoverable in audits and investigations.
Restrictions on release do not cover all situations
Sec.42 lists exceptions, but releasing statements under a different law or under Ministerial/Treasurer authority is allowed. Consequence: ensure legal advice is obtained before any non‑standard disclosure.
Final statements and abolished entities
The standard contains detailed rules for final statements and final reports where departments or statutory bodies are abolished (secs.36-37, 44-45, 50). Consequence: in machinery‑of‑government changes, strict timelines and certification requirements apply; assign responsibility for those final accounts clearly and early.
In practice, the safe operational response is to (a) document thresholds (materiality, significant asset), (b) adopt a formal monitoring regime for external documents and provider ratings, (c) codify internal timelines to meet audit and tabling requirements, and (d) ensure that financial management practice manuals and internal audit plans explicitly address the red flags noted above.
How to comply
Compliance with the standard requires both structural and operational steps. Below is a practical roadmap tying specific legal requirements to concrete actions and controls.
Governance and documentation
Establish and document a governance framework consistent with sec.6. Map how ethics principles under the Public Sector Ethics Act 1994 s4 are applied and record that governance includes performance, risk and internal control systems (sec.6(3)-(4)).
Produce and maintain a financial management practice manual that documents the internal control structure, delegations, processes and responsibilities as required by secs.7(5) and 12(1)-(3). Ensure it is accessible to relevant officers and is the primary reference for financial management compliance.
Internal control and separation of duties
Implement an internal control structure that emphasises accountability and provides, to the extent practicable, separation of duties (sec.7(1)-(6)). Document the organisational structure, delegations and training processes. Include procedures for monitoring investments in controlled entities where applicable (sec.7(2)(c)).
Strategic and operational planning
Prepare a four‑year strategic plan and one‑year operational plan that comply with the Agency planning requirements (sec.8(1)-(4)). Establish a review cadence and assign responsibility for implementation to the accountable officer (sec.8(5)).
Performance management
Build or upgrade a performance management system that collects performance information required by sec.10. Assign named persons responsible for providing performance information, set quarterly reporting to the accountable officer and annual reporting to the Minister, and document assessment processes for objectives and services (sec.10(2)(a)-(e)).
Resource management systems
For each of the eight resource management systems (sec.11), identify required functions and current gaps:
Revenue: prompt identification and recording; process to write off revenue (sec.13(3)).
Expense: prompt approval and payment processes; procurement compliance where applicable (sec.14(2)-(3)).
Asset: identification, valuation, maintenance, disposal and evaluation for significant assets; follow Non‑current asset policies (sec.18(2)-(4)).
Cash: cash flow processes and, for departments, timely cash flow forecasts to Treasury (sec.19).
Liability: identification and reporting of liabilities and capital commitments; comply with leasing policy (sec.20).
Contingency: identification, monitoring and annual reporting of contingent assets and liabilities (sec.21).
Financial information: records and ICT controls that support annual financial statements, compliance with Public Records Act and security requirements; consult internal audit, authorised auditor and records manager before material changes (sec.22(2)-(3)).
Risk management: design a risk system that addresses strategic and operational risks, with particular regard to ICT risks and audit committee guidelines (sec.23).
Internal audit and audit committee
Establish an internal audit function where required (sec.24(1)-(3)). Draft and approve an internal audit charter consistent with professional auditing and ethical standards (sec.25). Prepare strategic and annual audit plans and obtain accountable officer approval (sec.26). Establish an audit committee (departments must do so; statutory bodies may) with terms of reference aligned to audit committee guidelines, and ensure the committee reports annually (sec.30).
Contract performance guarantees
Develop a contract performance guarantee policy and system that (a) decides which contracts require guarantees, (b) manages existing guarantees, and (c) monitors whether an approved security provider ceases to be approved (sec.32(1)-(3)).
Ensure contract clauses require contractors to replace guarantees within 30 days if their provider ceases to be approved (sec.32(2)(a)). Ensure monetary deposits are immediately available in acceptable forms (sec.31 definition, sec.34(1)).
Maintain a list of approved security providers and monitor ratings against the thresholds in sec.31. If using a guarantee provider not meeting rating thresholds, obtain Treasurer or nominated officer approval (sec.35).
Financial statements, audit timing and reporting
Prepare annual financial statements in accordance with the financial reporting requirements document; obtain the required certifications by accountable officers and chief finance officers (secs.38-39).
Agree the date for delivery of statements to the authorised auditor in time to permit audit completion within two months of year end, or secure the Treasurer/under‑Treasurer extension where the exceptional event criteria in sec.41(4)-(6) apply. Maintain evidence of consultation with the auditor‑general if seeking extensions (sec.41(5)-(7)).
Do not release annual financial statements prior to tabling except as expressly permitted (sec.42). Coordinate communications and legal advice where early disclosure is contemplated.
Recordkeeping and special events
Maintain records of special payments over $5,000 with the required fields (sec.15).
Implement an incident/forensic loss register that captures suspected losses from offences or corrupt conduct, documents actions taken and triggers notification requirements to auditors, Ministers and investigatory agencies where “material loss” thresholds are met (secs.16-17). Define and document a materiality threshold to guide these decisions.
Insurance and derivative transaction compliance
Where entering insurance contracts, obtain under‑Treasurer approval unless falling within exemptions (sec.55). Maintain a register of insurance approvals and the basis for exemptions.
Where the department enters derivative transactions, implement reporting routines required by secs.56-57: interval reporting during the transaction and post‑transaction reporting that includes identification details, underlying exposure and gains/losses, and compliance with Treasurer approvals.
Transitional and machinery‑of‑government events
For newly formed or abolished departments or statutory bodies, apply the special provisions for first and final financial statements and reports (secs.36-37, 40, 44-50). Assign responsibility for preparing and certifying final statements and final reports and coordinate with the auditor‑general to meet the tight timelines in these sections.
Ongoing monitoring and control environment
Put in place periodic reviews to ensure resource management systems remain appropriate (sec.11(2)). Update the financial management practice manual to reflect process changes, external guidance updates and audit findings (secs.11(3), 12(1)-(2), 28).
Build a compliance calendar capturing audit dates, tabling timelines, contract guarantee monitoring, ratings checks for providers and training for officers on recordkeeping and disclosure constraints.
People, training and systems
Ensure employment of qualified and competent officers, training provisions and performance assessment processes described in sec.7(2)(b).
Where ICT systems are used for financial information management, ensure security controls, alignment with QGEA and compliance with Public Records Act 2002 (sec.22).
Documentation and evidence
For every material decision about compliance, keep a documented record showing the consideration of required external documents (where “have regard to” is used), reasons for any departures (if allowed), and approvals obtained from Treasurer, under‑Treasurer or Ministers where needed (secs.5, 7(4), 11(3), 18(3)-(5), 35, 55).
Practical checklist (starter)
Financial management practice manual current and accessible (sec.12).
Strategic and operational plans in place and compliant with DPC agency planning requirements (sec.8).
Performance management system operating with quarterly reporting to accountable officer (sec.10).
Internal audit charter and plans approved (secs.25-26).
Audit committee established (department) or decision documented (statutory body) (sec.30).
Resource management systems designed and reviewed regularly (sec.11).
Contract clauses include guarantee replacement provisions, and approved security provider list maintained (secs.32-35).
Annual financial statements scheduled with authorised auditor and evidence of agreed delivery dates retained (sec.41).
Records for special payments and losses centralised and current (secs.15-17).
Training and delegated authorities documented; separation of duties implemented where practicable (sec.7).
Following these steps and mapping each requirement to the relevant section of the standard (for example secs.6-7, 8-12, 14-23, 24-30, 31-35, 36-50) creates an auditable compliance trail and reduces the risk of late disclosures, notification failures or audit qualifications.
(b) deciding whether the contents apply in the circumstances; and
(c) if the accountable officer, statutory body or Treasurer decides the contents apply in the circumstances—applying the contents.
pt.2 Governance
Governance
pt.2-div.1 Governance frameworks and internal control structures
Governance frameworks and internal control structures
sec.6 Governance frameworks
sec.6 Governance frameworks
A department’s accountable officer or a statutory body must ensure a governance framework appropriate for the department or statutory body is established and maintained.
Governance, for a department or statutory body, is the way the department or statutory body manages the performance of its functions and operations.
Governance—
incorporates—
the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
includes the concepts of—
openness, integrity and accountability; and
due care; and
public defensibility; and
includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(sec.6-ssec.1) A department’s accountable officer or a statutory body must ensure a governance framework appropriate for the department or statutory body is established and maintained.
(sec.6-ssec.2) Governance, for a department or statutory body, is the way the department or statutory body manages the performance of its functions and operations.
(sec.6-ssec.3) Governance— incorporates— the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and includes the concepts of— openness, integrity and accountability; and due care; and public defensibility; and includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(a) incorporates— (i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and (ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
(ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(b) includes the concepts of— (i) openness, integrity and accountability; and (ii) due care; and (iii) public defensibility; and
(i) openness, integrity and accountability; and
(ii) due care; and
(iii) public defensibility; and
(c) includes establishing and maintaining a performance management system, a risk management system and an internal control structure.
(i) the cultural and operational aspects of a department or statutory body that are influenced by its actions and decisions; and
(ii) the ethics principles for public officials under the Public Sector Ethics Act 1994 , section 4 ; and
(i) openness, integrity and accountability; and
(ii) due care; and
(iii) public defensibility; and
sec.7 Internal control structures
sec.7 Internal control structures
A department’s accountable officer or a statutory body must establish and maintain a cost-effective structure (an internal control structure ) to provide for the internal controls of the department or statutory body.
The internal control structure must—
strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and
include—
an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
If a risk management committee, internal audit function or audit committee is established for the department or statutory body, the internal control structure must provide for the efficient, effective and economical operation of the committee or function.
See also sections 23 , 24 and 30 .
In establishing and maintaining the internal control structure, the accountable officer or statutory body must have regard to—
the financial accountability handbook; and
the QGEA.
The internal control structure must be described in the financial management practice manual of the department or statutory body.
To the extent practicable, the internal control structure must provide for an appropriate separation of duties between officers of the department or the statutory body.
(sec.7-ssec.1) A department’s accountable officer or a statutory body must establish and maintain a cost-effective structure (an internal control structure ) to provide for the internal controls of the department or statutory body.
(sec.7-ssec.2) The internal control structure must— strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and include— an organisational structure and delegations that support the objectives and operations of the department or statutory body; and provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(sec.7-ssec.3) If a risk management committee, internal audit function or audit committee is established for the department or statutory body, the internal control structure must provide for the efficient, effective and economical operation of the committee or function. See also sections 23 , 24 and 30 .
(sec.7-ssec.4) In establishing and maintaining the internal control structure, the accountable officer or statutory body must have regard to— the financial accountability handbook; and the QGEA.
(sec.7-ssec.5) The internal control structure must be described in the financial management practice manual of the department or statutory body.
(sec.7-ssec.6) To the extent practicable, the internal control structure must provide for an appropriate separation of duties between officers of the department or the statutory body.
(a) strongly emphasise accountability, best practice management of the resources of the department or statutory body and internal control; and
(b) include— (i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and (ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and (iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
(ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
(iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(i) an organisational structure and delegations that support the objectives and operations of the department or statutory body; and
(ii) provision for the employment of qualified and competent officers, training of the officers and assessment of their performance; and
(iii) if the department or statutory body controls another entity—procedures for monitoring the performance of, and accounting for its investment in, the other entity.
(a) the financial accountability handbook; and
(b) the QGEA.
pt.2-div.2 Planning
Planning
sec.8 Strategic and operational plans
sec.8 Strategic and operational plans
A department’s accountable officer or a statutory body must develop—
a strategic plan for the department or statutory body; and
an operational plan for—
the whole of the department or statutory body; or
the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate.
business units, service areas, divisions
The strategic plan must cover a period of 4 years but may be reviewed or amended during the period.
The operational plan must cover a period of not more than 1 year.
In developing the strategic plan or operational plan, the accountable officer or statutory body must comply with the document called ‘Agency planning requirements’ prepared by the Department of the Premier and Cabinet.
A copy of the document is available on the Department of the Premier and Cabinet’s website.
The accountable officer or statutory body is responsible for implementing the strategic plan and operational plan for the department or statutory body.
This section does not apply to a department’s accountable officer in relation to an operation of the department that has been commercialised if the operation, or the department on behalf of the operation, has entered into an annual performance contract in accordance with the commercialisation document.
(sec.8-ssec.1) A department’s accountable officer or a statutory body must develop— a strategic plan for the department or statutory body; and an operational plan for— the whole of the department or statutory body; or the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. business units, service areas, divisions
(sec.8-ssec.2) The strategic plan must cover a period of 4 years but may be reviewed or amended during the period.
(sec.8-ssec.3) The operational plan must cover a period of not more than 1 year.
(sec.8-ssec.4) In developing the strategic plan or operational plan, the accountable officer or statutory body must comply with the document called ‘Agency planning requirements’ prepared by the Department of the Premier and Cabinet. A copy of the document is available on the Department of the Premier and Cabinet’s website.
(sec.8-ssec.5) The accountable officer or statutory body is responsible for implementing the strategic plan and operational plan for the department or statutory body.
(sec.8-ssec.6) This section does not apply to a department’s accountable officer in relation to an operation of the department that has been commercialised if the operation, or the department on behalf of the operation, has entered into an annual performance contract in accordance with the commercialisation document.
(a) a strategic plan for the department or statutory body; and
(b) an operational plan for— (i) the whole of the department or statutory body; or (ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory body— business units, service areas, divisions
(i) the whole of the department or statutory body; or
(ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory body— business units, service areas, divisions
(i) the whole of the department or statutory body; or
(ii) the parts of the department or statutory body for which the accountable officer or statutory body considers the plan is appropriate. Examples of parts of a department or statutory bo
This is an opening excerpt, not the complete document.