Managing & reporting indemnities

An official who is responsible for managing an arrangement that contains an indemnity must exercise this power with the degree of care and diligence that a reasonable person would exercise in the same position (section 25 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)) and act honestly, in good faith and for a proper purpose (section 26 of the PGPA Act). This means being aware of and complying with the directions or instructions of their accountable authority, and seeking to prevent events from occurring that could generate additional financial costs for the Commonwealth. 

An event occurring that activates an indemnity can place financial obligations on the Commonwealth, and potentially constrain its ability to allocate resources. In this case, the official needs to manage risks and ensure the proper use and management of public resources.

Sound risk management is fundamental to the effective management of exposures that result from granting an indemnity. Under the PGPA Act, responsibility for risk management resides with the accountable authority. The Commonwealth Risk Management Policy requires accountable authorities to embed risk management as part of the culture of the entity so that the shared understanding of risk leads to well informed decision making, in a way that:

  • minimises the long term costs to the Commonwealth
  • manages the relationship with the indemnified party to reduce the likelihood that a contingency is triggered, and
  • manages the risks from an entity perspective, by:
    • identifying the context the risk is to be managed in
    • identifying the risks to be managed, this can be done in consultation with other parties who may have a greater understanding of the risk
    • analysing the risks, possible consequences and likelihood of occurrence
    • identify the need to retain the risk or whether the risk may be transferred
    • if the risk is to be retained how is the risk to be treated.

Systematic reviews are essential to ensure the changing profile of the risks do not expose the Commonwealth to an increased level of risk.

For more information on the duties of officials and accountable authorities, please refer to RMG-200 Duties of Accountable Authorities and RMG-203 General Duties of Officials, also available under Tools and templates in the right-hand menu.

Do indemnities need to be reported?

Yes, NCEs are required to report contingent liabilities in their annual financial statements in accordance with the Public Governance, Performance and Accountability (Financial Reporting) Rule 2015.

Legislative requirements for reporting contingent liabilities, such as indemnities, are contained in the Charter of Budget Honesty Act 1998.

Indemnities with a possible impact on the forward estimates greater than $20 million in any one year, or $50 million over the forward estimates period are disclosed in Budget Paper 1 – Budget Strategy and Outlook. 

For example, 2016‑17 Budget Paper No. 1: Budget Strategy and Outlook, Statement 8: Statement of Risks.

Indemnities do not impact fiscal or underlying cash balances unless the contingent event occurs, creating a liability.
 


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