Financial Management Act 2006

Without limiting section 52, an accountable authority of an agency has the functions of —

ensuring that the agency operates in a manner that is efficient and economic and achieves the agency’s objectives; and

ensuring that the agency complies with this Act, the Treasurer’s instructions and any other written law that applies to the agency; and

having the custody, control and management of, and accounting for, all the public property or other property under the control of the agency; and

ensuring that the agency’s total cost of services in a financial year does not exceed the expense limit for the agency contained in the resource agreement, as modified from time to time, for the agency for the financial year; and

ensuring that —

the agency complies with any State government policy prescribed by the Treasurer’s instructions; and

in particular, officers of the agency who commit and incur expenditure on behalf of the agency do so in a manner that is not inconsistent with any State government policy prescribed by the Treasurer’s instructions;

ensuring that the agency has documented policies and procedures relating to —

making delegations, or giving authorisations, to officers of the agency that authorise them to enter into financial obligations on behalf of the agency or the State; and

how officers of the agency exercise the authority to enter into such financial obligations;

establishing and maintaining records relating to, and a register of, all delegations made, and authorisations given, to officers of the agency that authorise them to enter into financial obligations on behalf of the agency or the State; and

unless otherwise directed in writing by the Treasurer, developing and maintaining an effective internal audit function for the agency.

The accountable authority of an agency also has any other function given to the accountable authority under this Act or another written law.

Subject to subsection (2), the chief executive officer of a department is the accountable authority of the department.

While a declaration of a sub‑department under section 56(2) has effect in respect of an entity that forms a part of a department, the chief executive officer of the department —

is not responsible to the Minister for the financial management of the services under the control of the entity; and

is not the accountable authority in relation to those services.

Subject to subsection (2), the person or body (however described) having the general direction and control of, and the overall responsibility for, the operations of a statutory authority is the accountable authority of the statutory authority.

If the Treasurer considers that there is, or may be, some doubt as to the application of subsection (1) to a particular statutory authority, the Treasurer may, by notice published in the Gazette, appoint a person or body to be the accountable authority of the statutory authority.

On the publication of a notice under subsection (2), the person or body appointed is to assume and perform all the functions conferred on an accountable authority under this Act.