Implementing Machinery of Government Changes: A good practice guide

Introduction

This document provides a source of practical guidance to help agencies implement machinery of government (MOG) changes. It relates primarily to moves between Australian Public Service (APS) agencies subject to the Public Service Act 1999 (PS Act) and the Financial Management and Accountability Act 1997 (FMA Act), but may also provide useful guidance for moves into, or out of, the APS.

While it is not practical to cover in detail every matter that agencies might encounter during MOG changes, this guide provides:

an overview of the MOG process
principles and approaches for planning and implementing MOG changes
guidance on financial management and people management
advice on managing physical relocations, records and taxation.

The guide has been developed jointly by the Australian Public Service Commission (the Commission), the Department of Finance and Administration (Finance) and the Department of Employment and Workplace Relations (DEWR), in consultation with the Department of the Prime Minister and Cabinet (PM&C) and the National Archives of Australia (National Archives).

The principles and approaches contained in the guide were developed in consultation with Departmental Secretaries and draw on their experiences of MOG changes over the years. Those experiences highlighted the need for agencies to look beyond their own immediate interests to the broader needs of the APS as a whole when implementing MOG changes.

Scope of publication

This document replaces:

Guidelines for Implementation of Administrative Arrangements Orders and Other Machinery of Government Changes (Finance Circular No. 2003/04 and Financial Management Guidance No.5)
Australian Public Service Commission Circular No 2004/5: Administrative Re-arrangements.

Legislative and policy framework

The following legislation and guidelines are relevant to MOG changes.

Legislation

Public Service Act 1999 (PS Act), particularly sections 72 and 24; and Public Service Regulations 1999, particularly regulations 8.1 and 8.2, which provide for movement of staff and their remuneration and other conditions of employment
Financial Management and Accountability Act 1997 (FMA Act), particularly section 32, which allows for transfer of annual appropriations; and the Financial Management and Accountability (Financial Statements) Orders 2005
Workplace Relations Act 1996 (WR Act), which contains transmission of business provisions and the legislative framework for agreement making in the APS
Acts Interpretation Act 1901, particularly sections 19B to 19C which are relevant to AAO changes

Relevant guidance

Working Together: Principles and Practices to Guide the Australian Public Service (Australian Government 2005—available at http://www.apsc.gov.au/mac/workingguide.htm)
Foundations of Governance in the Australian Public Service (Australian Government 2005— available at http://www.apsc.gov.au/foundations)

Useful contacts and resources.

Australian Government Solicitor legal briefings at http://www.ags.gov.au/publications/agspubs/legalpubs/legalbriefings/index.htm
Australian Public Service Commission: website at http://www.apsc.gov.au
Department of Employment and Workplace Relations: website at http://www.dewr.gov.au; employment and workplace relations information at http://www.workplace.gov.au; information about WorkChoices at http://www.workchoices.gov.au
Department of Finance and Administration: Legislation Review Branch at LRB@finance.gov.au; Superannuation Branch at http://www.finance.gov.au/super/about_superannuation_branch.html; outcomes and performance information at http://www.finance.gov.au/gf/; allocation of responsibilities for special appropriations at http://www.finance.gov.au/finframework/finance_circulars.html; Finance Minister’s Orders at http://www.finance.gov.au/ace/index.html; list of FMA Act and CAC Act bodies at http://www.finance.gov.au/finframework/fma_agencies.html and http://www.finance.gov.au/finframework/cac_bodies.html
Department of the Prime Minister and Cabinet: Requirements for Departmental Annual Reports http://www.pmc.gov.au/guidelines/index.cfm; Administrative Arrangements Order http://www.pmc.gov.au/parliamentary/index.cfm
National Archives of Australia: Advice on transferring records following administrative change can be found on the National Archives website at http://www.naa.gov.au/records-management/keep-destroy-transfer/after-admin.change/index.aspx. For general advice contact the National Archives Agency Service Centre at recordkeeping@naa.gov.au

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