Appropriation Act 2017 (NSW)

An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2017–18 and to make additional appropriations to give effect to budget variations for the year 2015–16.

Part 1Preliminary1Name of Act

This Act is the Appropriation Act 2017.

2Commencement

This Act commences on the date of assent to this Act.

3Interpretation

In this Act:

• (a)

  a reference to services for which this Act makes an appropriation includes a reference to the following:

  • (i)

    recurrent services,

  • (ii)

    capital works and services,

  • (iii)

    repayment of debt, and

• (b)

  a reference to the year 2015–16 is a reference to the year from 1 July 2015 to 30 June 2016, and

• (c)

  a reference to the year 2017–18 is a reference to the year from 1 July 2017 to 30 June 2018.

Part 2Appropriation (Departments)Note—

The total amount appropriated out of the Consolidated Fund for services for the year 2017–18 in accordance with this Part is $74,067,860,000.

Division 1Education4Department of Education

This Act appropriates the sum of $13,905,309,000 to the Minister for Education out of the Consolidated Fund for the services of the Department of Education for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Early childhood education	435,353	—
02	Government schools	13,010,659	809,088
03	Non-government schools	1,245,230	—
04	Aboriginal affairs	48,618	—
05	Cluster grants	115,169	—

Division 2Family and Community Services5Department of Family and Community Services

This Act appropriates the sum of $6,295,054,000 to the Minister for Family and Community Services out of the Consolidated Fund for the services of the Department of Family and Community Services for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Targeted support to improve lives and realise potential	1,107,534	54,255
02	Ongoing support to break disadvantage	1,871,401	18,661
03	Empowerment for independent living	311,943	721
04	Accommodation supports for people with disability	1,972,738	44,862
05	Social and economic supports for people with disability	1,352,238	4,671
06	Cluster grants and other adjustments	17,120	—

Division 3Finance, Services and Innovation6Department of Finance, Services and Innovation

This Act appropriates the sum of $1,119,502,000 to the Minister for Finance, Services and Property out of the Consolidated Fund for the services of the Department of Finance, Services and Innovation for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Property and advisory	168,876	19,747
02	Customer services	2	—
03	Revenue administration	469,758	21,563
04	Regulation	360,273	31,041
05	ICT, digital and innovation	163,699	17,404
06	Government services	187,719	9,606
07	Personnel services	140,960	—
08	Cluster grants and other adjustments	434,626	—

Division 4Health7Ministry of Health

This Act appropriates the sum of $11,821,392,000 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2017–18.

Note—

The appropriations under this section and section 16 will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Acute health services	15,273,470	1,182,311
02	Sub-acute health services	1,245,923	125,324
03	Mental health	1,898,457	22,486
04	Small rural hospitals and specialist hospitals	625,868	89,291
05	Community health care services	792,224	7,046
06	Public health	814,672	312
07	Health and medical research	82,102	10,000
08	Ambulance emergency services	892,237	109,429
09	Cluster grants and other adjustments	25,904	—

Division 5Industry8Department of Industry

This Act appropriates the sum of $2,956,988,000 to the Minister for Primary Industries out of the Consolidated Fund for the services of the Department of Industry for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Sustaining the conditions for economic development	935,001	47,131
02	Support for new and expanding businesses to create jobs in NSW	98,645	500
03	Skills development for employment	1,438,371	—
04	Sustainable use of and access to natural resources	176,103	15,806
05	Risks managed for natural resources, farming and food	185,103	24,023
06	Cluster grants	551,343	—

Division 6Justice9Department of Justice

This Act appropriates the sum of $8,603,412,000 to the Attorney General out of the Consolidated Fund for the services of the Department of Justice for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Courts	622,661	34,713
02	Emergency services	159,579	164
03	Justice services	432,123	67,873
04	Offender management and rehabilitation	1,817,727	1,477,552
05	Cluster grants	4,643,598	—

Division 7Planning and Environment10Department of Planning and Environment

This Act appropriates the sum of $2,449,562,000 to the Minister for Planning out of the Consolidated Fund for the services of the Department of Planning and Environment for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Creating prosperous and sustainable regions	351,676	8,486
02	Arts and culture	242,610	111,175
03	Driving economic, social, environment outcomes through balanced decision making	87,908	487
04	Supporting a contemporary planning system	77,252	17,999
05	Sustainable and regulated use and access to mineral resources	101,361	901
06	Sustainable use, security and access to diverse and reliable energy and water resource	461,739	—
07	Cluster grants and other adjustments	1,435,813	—

Division 8Premier and Cabinet11Department of Premier and Cabinet

This Act appropriates the sum of $395,846,000 to the Premier out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Policy, coordination and advice	81,723	3,225
02	Enabling effective government	103,021	3,713
03	Economy, infrastructure and community	40,641	—
04	Accountability, efficiency and effectiveness	2,488	—
05	Supporting major projects and initiatives	29,728	4,000
06	Cluster grants and other adjustments	154,924	—

Division 9Transport12Transport for NSW(1)

This Act appropriates the sum of $12,761,708,000 to the Minister for Transport and Infrastructure out of the Consolidated Fund for the services of Transport for NSW for the year 2017–18.

Note—

The appropriation will fund services, disaggregated as follows:

Expenses $,000	Capital expenditure $,000
01	Transport—Cluster grants and personnel services	5,862,728	—
02	Public transport asset maintenance	89,868	134,114
03	Public transport growth and improvement	—	2,534,258
04	Public transport services	2,907,312	35,617
05	Roads, maritime and freight growth and improvement	—	8,300
06	Roads, maritime and freight asset maintenance	106,678	85,741
07	Transport access and coordination	197,817	27,751
08	Transport safety	89,712	—
09	Cluster grants and other adjustments	7,745,017	—

(2)

A reference in this section to Transport for NSW includes a reference to the Department of Transport.

Division 10Treasury13The Treasury

This Act appropriates the sum of $117,919,000 to the Treasurer out of the Consolidated Fund for the services of The Treasury for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Analysis, advice and delivery	135,614	14,650

14Crown Finance Entity

This Act appropriates the sum of $13,521,168,000 to the Treasurer out of the Consolidated Fund for the services of the Crown Finance Entity for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Optimise State’s balance sheet	8,875,739	500

15Advance to the Treasurer

This Act appropriates the sum of $120,000,000 to the Treasurer out of the Consolidated Fund for the services of the Advance to the Treasurer for the year 2017–18.

Part 3Additional appropriation for health related services16Special appropriation to Minister for Health—additional revenue from gaming machine taxes(1)

This Act appropriates the sum of $358,072,252 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2017–18.

(2)

The sum appropriated is in addition to any other sum appropriated by this Act.

Part 4Appropriation (Special Offices)Note—

The total amount appropriated out of the Consolidated Fund for services for the year 2017–18 in accordance with this Part is $376,451,000.

17Judicial Commission of New South Wales

This Act appropriates the sum of $5,486,000 to the Attorney General out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Courts	6,785	150

18Office of the Director of Public Prosecutions

This Act appropriates the sum of $126,983,000 to the Attorney General out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Courts	148,425	4,618

19Office of the Children’s Guardian

This Act appropriates the sum of $17,750,000 to the Minister for Family and Community Services out of the Consolidated Fund for the services of the Office of the Children’s Guardian for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Other cluster entities	33,777	189

20Independent Commission Against Corruption

This Act appropriates the sum of $21,357,000 to the Premier out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Accountability, efficiency and effectiveness	23,297	1,260

21Independent Pricing and Regulatory Tribunal

This Act appropriates the sum of $31,987,000 to the Premier out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Accountability, efficiency and effectiveness	33,200	1,530

22Law Enforcement Conduct Commission

This Act appropriates the sum of $21,195,000 to the Minister for Police out of the Consolidated Fund for the services of the Law Enforcement Conduct Commission for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Law enforcement—Police	22,085	1,200

23New South Wales Electoral Commission

This Act appropriates the sum of $81,772,000 to the Premier out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Accountability, efficiency and effectiveness	73,193	12,884

24Ombudsman’s Office

This Act appropriates the sum of $34,255,000 to the Premier out of the Consolidated Fund for the services of the Ombudsman’s Office for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Accountability, efficiency and effectiveness	37,325	3,152

25Public Service Commission

This Act appropriates the sum of $35,666,000 to the Premier out of the Consolidated Fund for the services of the Public Service Commission for the year 2017–18.

Note—

The appropriation will fund services, as follows:

Expenses $,000	Capital expenditure $,000
01	Accountability, efficiency and effectiveness	38,784	3,044

Part 5Commonwealth transfer payments26Appropriation for Commonwealth transfer payments(1)

This Act appropriates the sum of $4,018,190,000 to the Treasurer out of the Consolidated Fund, for Commonwealth transfer payments to non-Government schools and local government for services for the year 2017–18.

(2)

The sum appropriated is in addition to any other sum appropriated by this Act.

(3)

The sum appropriated is subject to section 26 of the Public Finance and Audit Act 1983.

Part 6General27Variation of authorised payments from Consolidated Fund(1)

Payment of a sum appropriated by this Act for a purpose may not be made in excess of the sum specified for the purpose, except as provided by this section or Division 4 of Part 2 of the Public Finance and Audit Act 1983.

(2)

If the exigencies of government so require, the Treasurer may authorise the payment of a sum in excess of the sum specified for a purpose, but only if an equivalent sum is not paid out for another purpose, whether the other purpose is specified in relation to the same or a different Minister, subject to subsections (3)–(5).

(3)

The sum appropriated under Part 3 may only be paid out for the purpose specified in Part 3.

(4)

The sums appropriated under Part 4 may only be paid out for the purposes specified in Part 4.

(5)

The sum appropriated under Part 5 may only be paid out for the purpose specified in Part 5.

(6)

This section does not apply to sums appropriated by another Act.

(7)

This section does not enable the Treasurer to authorise the payment of a sum in augmentation of, or as an addition to, any salary or wages the amount of which has been fixed by law.

(8)

The Treasurer is to inform the Auditor-General of every authorisation given under this section.

(9)

An authorisation under this section may be given before or after the relevant payment is made.

28Appointment of person to carry out functions of Treasurer under section 27(1)

The Treasurer may appoint a person to carry out the Treasurer’s functions under section 27.

(2)

Any such appointment is subject to such conditions (if any) as the Treasurer determines.

(3)

The Treasurer may revoke any such appointment at any time.

(4)

A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 27 (8) of informing the Auditor-General of every authorisation given by the person under section 27.

29Delayed restructures(1)

Without limiting section 27, if the responsibility for a service for which an appropriation is made in this Act is transferred on or after the date the Bill for this Act is introduced in the Legislative Assembly because of the determination made before 1 July 2017 by the Premier to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish any authority, the appropriation does not lapse and may be applied, in accordance with such determination as may be made by the Treasurer, for or towards the service the responsibility for which is transferred.

(2)

Section 24 of the Public Finance and Audit Act 1983 does not apply to or in respect of an appropriation or service to which this section applies.

30Budget related information(1)

In this section:

budget related information means:

• (a)

  notes included in this Act relating to expenses and capital expenditure, and

• (b)

  Budget Papers of the Government tabled in Parliament in connection with the Bill for this Act.

this Act includes the Appropriation (Parliament) Act 2017.

(2)

Budget related information:

• (a)

  does not form part of this Act, and

• (b)

  does not affect the application of any amount appropriated by this Act.

31Payments authorised on lapse of appropriation(1)

This section applies only if this Act is assented to after 1 July 2017.

(2)

Any amounts expended for services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2017 and before the date of assent to this Act for a purpose for which a sum is appropriated by this Act are taken to have been expended out of such of the sums for services set out in this Act, as may be determined by the Treasurer.

Part 7Budget variations for the year 2015–1632Adjustment of “Advance to the Treasurer”, 2015–16(1)

This Act appropriates the sum of $47,209,000 out of the Consolidated Fund in adjustment of the amount appropriated for the services of the “Advance to the Treasurer”, 2015–16, for supplementary charges made during the year 2015–16 in the amounts specified in Column 1 of Schedule 1 for the recurrent services specified opposite those amounts in Schedule 1. Accordingly, the amount so appropriated is reduced by the amount appropriated by this section.

(2)

The sum appropriated is in addition to any other sums that may have been appropriated, subject to the adjustment of the amount appropriated for the services of the “Advance to the Treasurer”, 2015–16.

33Operation of budget variations and validation of expenditure(1)

This Act, to the extent that it appropriates an amount for, and otherwise gives effect to, the budget variations for the year 2015–16, is to be construed as if it formed part of the annual Appropriation Act for the year 2015–16 and to have effect as if it had commenced at the start of that year.

(2)

The payment before the date of assent to this Act out of the Consolidated Fund of the whole or any part of the sum appropriated under section 32 is validated. This subsection applies despite this Act being assented to after the year 2015–16.

(3)

To the extent (if any) to which it may be necessary to do so, the expenditure of the whole or any part of the sum appropriated under section 32 before the date of assent to this Act:

• (a)

  is taken to have been validly approved at the time it was approved, or was purported to have been approved, and

• (b)

  is taken to have been validly made at the time it was made, or purported to have been made,

and is taken thereafter to be, and to have been at all relevant times, validly approved and made.

Schedule 1Payments during 2015–16

(Section 32)

Column 1
Treasurer’s Advance
Amount $,000
TREASURER
RECURRENT SERVICES
Department of Education
Additional Funding for the National Art School	2,825
Total Department of Education	2,825
Department of Family and Community Services
Funding for the procurement and ongoing commissioning costs for the Social and Affordable Housing Fund	13,784
Total Department of Family and Community Services	13,784
Department of Finance, Services and Innovation
Funding for the Jobs Action Plan	30,000
Total Department of Finance, Services and Innovation	30,000
Department of Premier and Cabinet
Funding for the Safe Shooting Program	600
Total Department of Premier and Cabinet	600
TOTAL—RECURRENT SERVICES	47,209
TREASURER’S ADVANCE FOR RECURRENT SERVICES	47,209
TOTAL—TREASURER’S ADVANCE	47,209