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Last updated: 29 November 2007

Implementing Machinery of Government Changes: A good practice guide

Foreword

As many of us in the Australian Public Service know from experience, undergoing a machinery of government change can be challenging. Agencies are required to consider an enormous number of issues and deal with wide-ranging matters, some of which can be very complex and time-consuming. Affected staff need to be kept informed of what is happening; legislative and government policy requirements must be complied with; and for the process to work as smoothly as possible, actions should be undertaken with a cooperative ‘whole-of-government’ spirit.

This publication has been designed to provide practical guidance to help agencies implement machinery of government changes. It has been developed jointly by the Australian Public Service Commission, the Department of Finance and Administration, and the Department of Employment and Workplace Relations, in consultation with the Department of the Prime Minister and Cabinet and the National Archives of Australia.

The information contained in this publication was developed in consultation with Departmental Secretaries and draws on their extensive experience of machinery of government changes over the years.

I trust that managers and their staff across the Australian Public Service, particularly those undergoing machinery of government changes, will find this guide useful.

Ms Lynelle Briggs
Public Service Commissioner

Dr Ian Watt, Secretary
Department of Finance and Administration

Dr Peter Boxall, Secretary
Department of Employment and Workplace Relations

Contents

Foreword

Introduction

• Scope of publication
• Legislative and policy framework
• Legislation
• Relevant guidance
• Useful contacts and resources

1. Machinery of government process

• 1.1 Administrative Arrangements Order
• 1.2 General machinery of government changes
• 1.3 Post-election machinery of government changes
• 1.4 Governance arrangements
• 1.5 Name or title changes
• 1.6 Roles of central agencies

2. Principles and approach

• 2.1.Whole-of-government.approach
  • 2.1.1 Good faith negotiations
  • 2.1.2 Open and honest identification of resource implications
  • 2.1.3 Timely and accurate exchange of information
• 2.2.Constructive.and.open.communication.with.staff
  • 2.2.1 Providing early advice and assistance to staff
  • 2.2.2 Consultation
  • 2.2.3 Acting with integrity
• 2.3.Accountability.and.compliance.with.legislation.and.policy
  • 2.3.1 Following established procedural frameworks
  • 2.3.2 Ensuring adequate recordkeeping
  • 2.3.3 Ensuring appropriate delegations and Chief Executive’s Instructions are in place

3. Planning

• 3.1 Establishing a steering committee
• 3.2 Due diligence framework
• 3.3 Communication strategy
• 3.4 People management strategy
• 3.5 Information and communications technology strategy
• 3.6 Records management strategy

4. Financial management

• 4.1 Outcomes and performance information
  • 4.1.1 Process for changing outcomes
  • 4.1.2 Continuation of funding for a function pending a new outcome
• 4.2 Section 32 directions
  • 4.2.1 Annual appropriations
  • 4.2.2 Section 32 of the FMA Act
  • 4.2.3 Determining the amount to be transferred under section 32 of the FMA Act
  • 4.2.4 Processing a section 32 request
  • 4.2.5 Transfer of functions between FMA Act agencies and CAC Act bodies
• 4.3 Section 31 receipts
• 4.4 Superannuation costs
• 4.5 Special Accounts
• 4.6 Special appropriations
• 4.7 Delegations under the FMA Act
• 4.8 Assets and liabilities
  • 4.8.1 Transfer of physical assets
  • 4.8.2 Commenced but not finalised procurements
  • 4.8.3 Cost issues
  • 4.8.4 Transfer of employee leave entitlements
• 4.9 Insurance
• 4.10 Reporting requirements for financial statements
• 4.11 Reporting requirements for annual reports

5. People management

• 5.1 Induction of transferred employees
• 5.2 Legal framework
• 5.3 Staff follow function
  • 5.3.1 Non-ongoing employees
  • 5.3.2 Employees on leave, secondment or temporary assignment
  • 5.3.3 Impediments to transfer
• 5.4 Unresolved staffing action
• 5.5 Incomplete recruitment action
  • 5.5.1 Before decision to exercise employment powers
  • 5.5.2 After decision to exercise employment powers and before taking effect
  • 5.5.3 Abolition of agency
  • 5.5.4 Subsequent and recurring opportunities
  • 5.5.5 Non-ongoing employment
  • 5.5.6 Independent Selection Advisory Committees
• 5.6 Conditions of engagement
• 5.7 Temporary movements
  • 5.7.1 Changes in the post-temporary move agency
  • 5.7.2 Changes in the pre-temporary move agency
• 5.8 Review of actions
• 5.9 Classification, duties and the place duties are to be performed
• 5.10 Engagement of non-ongoing employees
• 5.11 Delegations and authorisations
• 5.12 Remuneration and other conditions of employment
• 5.13 Employee superannuation arrangements
• 5.14 Movement of APS employees to an existing APS agency
  • 5.14.1 Industrial instruments
  • 5.14.2 Annual salary
  • 5.14.3 Section 24(1) determination
• 5.15.Creation of a new APS agency
  • 5.15.1 Industrial instruments
  • 5.15.2 Annual salary
  • 5.15.3 Section 24(1) determination
  • 5.15.4 Employees who are engaged by, or move to, the agency at a later date

6. Records management

• 6.1 National Archives contact points

7. Taxation issues

• 7.1 Australian Business Numbers
• 7.2 Input tax credits

Appendix: Checklist for implementing MOG changes

Glossary

Next page: Introduction

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