Prescribing officials

This page is about prescribing contractors to be officials of non-corporate Commonwealth entities.

Contractors can be prescribed as officials where they need to exercise powers under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) or the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule).

RMG-212 Prescribing officials for non-corporate Commonwealth entities provides additional guidance and is available under Tools and templates.

Who can be prescribed as an official?

An individual can be prescribed as an official of a non-corporate Commonwealth entity where they are:

  • an independent contractor, consultant or an employee of an independent contractor or consultant
  • engaged to provide services to a non-corporate Commonwealth entity
  • required to exercise a power, perform a function or discharge a duty conferred by the PGPA Act or Rule
  • capable of being identified by name by the accountable authority for the purposes of the PGPA Rule. 

Where a contractor will not exercise a power, perform a function, or discharge a duty conferred by the PGPA Act or Rule they cannot be prescribed as an official.

Tasks that do not require exercising powers under the PGPA Act or Rule

Examples of tasks that generally do not require the exercise of powers or performance of functions under the PGPA Act or Rule include:

  • making payments of relevant money at the direction of an official of the entity 
  • collecting relevant money under the direction of an official of the entity
  • a contracted individual from a salary packaging company transferring money from a Commonwealth entity’s bank account to a supplier that provides benefits to employees of the entity
  • taking custody of money as an agent of the Commonwealth.
     

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