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The objectives of these Regulations are—
to facilitate economic, effective and efficient financial management; and
to facilitate the efficient and fair investigation of losses of or deficiencies in public money, and loss or destruction of, or damage to, other property of the State.
These Regulations are made under section 59 of the Financial Management Act 1994.
These Regulations come into operation on 12 May 2024.
The following Regulations are revoked—
the Financial Management Regulations 2014[1];
the Financial Management Amendment Regulations 2014[2].
In these Regulations—
employee has the same meaning as in the Public Administration Act 2004;
empowered officer means an accountable officer or a chief finance and accounting officer;
incident means—
loss of or deficiency in public money; or
loss or destruction of, or damage to, other property of the State;
investigation means an investigation under section 57 of the Act;
investigator means a person appointed under regulation 10;
relevant employee, in relation to an investigation, means the employee in relation to whom the investigation is being, or is proposed to be, conducted;
relevant incident, in relation to an investigation, means the incident to which the investigation relates;
the Act means the Financial Management Act 1994.
For the purposes of paragraph (b) of the definition of authority in section 3 of the Act, a body specified in Schedule 1 is prescribed as an authority.
These Regulations (other than Part 3) apply to—
all departments; and
the bodies specified in Column 2 of Schedule 1 with respect to the money specified in Column 3 of Schedule 1 in relation to the bodies.
Part 3 applies to all departments.
Part 2—Administration of income and expenditure
Money received that cannot be identified or that is surplus must be paid to the Treasury Trust Fund until the relevant circumstances are clarified.
If a cheque remains unpresented after 15 months after the date it is issued—
the cheque must be cancelled; and
on the day the cheque is cancelled, an amount equal to the face value of the cheque must be paid into the Treasury Trust Fund from the account on which the cheque was drawn.
Part 3—Investigation of loss or damage
If, under section 57(3) of the Act, an empowered officer directs that an investigation be held, the empowered officer must cause to be served on the relevant employee a preliminary notice—
specifying the name, position and address of the empowered officer; and
informing the relevant employee of the direction that an investigation is to be held; and
specifying, in relation to the relevant incident—
the date and time the incident occurred; and
all persons involved in the incident; and
a detailed description of the circumstances of the incident; and
the nature of any breach of the employee's obligations; and
drawing the attention of the relevant employee to section 57 of the Act and these Regulations.
An empowered officer who has complied with regulation 9 must appoint a person to carry out the investigation.
The empowered officer must not appoint as the investigator a person who is, or was at the time of the relevant incident, an empowered officer of the department employing the relevant employee.
A relevant employee may make a written nomination of a person to assist the relevant employee in relation to the investigation, including by acting on the relevant employee's behalf as required.
Only a person nominated under subregulation (1) may act on the relevant employee's behalf in relation to the investigation.
If a nomination has not been made under subregulation (1) within 7 days after the preliminary notice is served on the relevant employee, the empowered officer may nominate a suitable person to assist the relevant employee during the conduct of the investigation.
The empowered officer, on request by an investigator, may make officers available or engage other persons to assist the investigator to conduct the investigation.
For the purposes of conducting and reporting on the investigation, the investigator—
is entitled to full and free access to accounts and records relating to the relevant incident; and
may make copies of, and take extracts from, those accounts and records.
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