Financial Management and Accountability Act 1997 Determination 2008/08 – Section 32 (Transfer of Functions from FaHCSIA to DEEWR) (Cth)

Case

FMA Act Determination 2008/08— Section 32 (Transfer of Functions from FaHCSIA to DEEWR)

Financial Management and Accountability Act 1997

I, Tim Youngberry, Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because of changes in the administrative arrangements on 25 January 2008, specifically the transfer of youth policy and programs and early childhood and childcare policy and programs from the Department of Families, Housing, Community Services and Indigenous Affairs to the Department of Education, Employment and Workplace Relations.

Dated 18 April 2008

Tim Youngberry

Division Manager

Financial Reporting and Cash Management Division

Department of Finance and Deregulation

  1. Name of Determination

This Determination is the FMA Act Determination 2008/08— Section 32 (Transfer of Functions from FaHCSIA to DEEWR).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   The Appropriation Acts, as made, refer to the names of particular Departments. However, some of those references have changed due to the reorganisation of government functions on 3 December 2007. The relevant changes are:

(a)the Education, Employment and Workplace Relations portfolio was created; and

(b)the Department of Education, Employment and Workplace Relations was created; and

(c)the Families, Community Services and Indigenous Affairs portfolio was renamed the Families, Housing, Community Services and Indigenous Affairs portfolio; and

(d)the Department of Families, Community Services and Indigenous Affairs was renamed the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 3   Acronyms and other organisational names used in this Determination are as follows:

(a)   “DEEWR” – refers to the Department of Education, Employment and Workplace Relations.

(b)   “FaHCSIA” – refers to the Department of Families, Housing, Community Services and Indigenous Affairs.

  1. Commencement

This Determination is taken to have commenced on 1 February 2008.

Note   Under subsection 32 (8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

  1. Amendment of Appropriation Act (No. 1) 2007-2008

Schedule 1 amends the Appropriation Act (No. 1) 2007–2008, to transfer:

(a)an amount of $7,052.45 of the administered item for Outcome 2 for the Department of Families, Housing, Community Services and Indigenous Affairs to Outcome 5 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to youth policy and programs.

(b)an amount of $141,981,758.29 of the administered item for Outcome 3 for the Department of Families, Housing, Community Services and Indigenous Affairs to Outcome 1 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to early childhood policy and childcare policy and programs.

4              Amendment of Appropriation Act (No. 2) 2007-2008

Schedule 2 amends the Appropriation Act (No. 2) 2007-2008 to transfer an amount of $16,168,312.44 of the State, ACT, NT and local government item for Outcome 3 for the Department of Families, Housing, Community Services and Indigenous Affairs to Outcome 1 of the State, ACT, NT and local government item for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to early childhood policy and childcare policy and programs.

5              Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008

Schedule 3 amends the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 to transfer an amount of $4,233,000.00 of the administered item for Outcome 1 for the Department of Families, Housing, Community Services and Indigenous Affairs to Outcome 1 of the administered item for the Department of Education, Employment and Workplace Relations.

Note   The amount transferred relates to early childhood policy and childcare policy and programs.

Schedule 1     Amendment of Appropriation Act
(
No. 1) 2007-2008

(section 3)

[1]           Schedule 1, Families, Community Services and Indigenous Affairs portfolio, Department of Families, Community Services and Indigenous Affairs table, Outcome 2, Administered Expenses

omit

414,843

insert

414,835.94755

[2]           Schedule 1, Families, Community Services and Indigenous Affairs portfolio, Department of Families, Community Services and Indigenous Affairs table, Outcome 3, Administered Expenses

omit

446,008

insert

304,026.24171

[3]           Schedule 1, Families, Community Services and Indigenous Affairs portfolio, after the Department of Families, Community Services and Indigenous Affairs table

omit the note, insert

Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended. The Determination also did not amend the portfolio name or the agency name as those references in the Act were substituted as specified in the Acts Interpretation (Substituted References – Section 19B) Amendment Order 2007 (No. 2), made by the Governor-General on 14 December 2007, under section 19B of the Acts Interpretation Act 1901.

Note 2:       FMA Act Section 32 Determination 2008/04 amended the amount alongside Outcome 1, under the heading Administered Expenses, to transfer an amount from the former Department of Employment and Workplace Relations.

Note 3:       FMA Act Section 32 Determination 2008/08 amended the amounts alongside Outcome 2 and Outcome 3, under the heading Administered Expenses, to transfer amounts to the Department of Education, Employment and Workplace Relations.

[4]           Schedule 1, Education, Science and Training portfolio, after the Department of Education, Science and Training table

insert

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Appropriation (plain figures)—2007‑2008

Departmental
Outputs
Administered
Expenses

Total

$'000 $'000 $'000
DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Outcome 1 ‑

Families and children have choices and opportunities - Services and assistance that: help children have the best possible start in life; promote healthy family relationships; help families adapt to changing economic and social circumstances; and assist families with the costs of children

141,981.75829

Outcome 2 ‑

School Education ‑ Individuals achieve high quality foundation skills and learning from schools and other providers

Outcome 3 ‑

Higher Education ‑ Individuals achieve relevant learning from Higher Education

Outcome 4 ‑

Vocational and Technical Education ‑ Individuals achieve relevant skills from post school training

Outcome 5 ‑

Transitions ‑ Individuals acquire career development skills and make successful transitions to further education, training and/or employment

7.05245

Outcome 6 ‑

International Influence ‑ Australia’s international influence is enhanced through international recognition of Australia’s education, research and training and strengthening and diversifying international linkages and collaboration

Outcome 7 ‑

Efficient and effective labour market assistance

Outcome 8 ‑

Increased workforce participation

Outcome 9 ‑
Higher productivity, higher pay workplaces

Outcome 10 ‑

Science, Research and Innovation - Australia maintains the strong science, research and innovation capacity required to generate and utilise knowledge

Total: Department of Education, Employment and Workplace Relations

Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Section 32 Determination 2008/08 inserted the amounts along side Outcome 1 and Outcome 5, under the heading Administered Expenses, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs.

Schedule 2     Amendment of Appropriation Act
(No. 2) 2007-2008

(section 4)

[1]       Schedule 2, Families, Community Services and Indigenous Affairs portfolio, Department of Families, Community Services and Indigenous Affairs table, Outcome 3, Payments to States, ACT, NT and local government

omit

57,536

insert

41,367.68756

[2]       Schedule 2, Families, Community Services and Indigenous Affairs portfolio, after the Department of Families, Community Services and Indigenous Affairs table

insert

Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been amended. The Determination also did not amend the portfolio name or the agency name as those references in the Act were substituted as specified in the Acts Interpretation (Substituted References – Section 19B) Amendment Order 2007 (No. 2), made by the Governor-General on 14 December 2007, under section 19B of the Acts Interpretation Act 1901.

Note 2:       FMA Act Section 32 Determination 2008/08 amended the amount alongside Outcome 3, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Education, Employment and Workplace Relations.

[3]       Schedule 2, Education, Science and Training portfolio, after the Department of Education, Science and Training table

insert

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Appropriation (plain figures)—2007‑2008

Payments to
States, ACT,
NT and local
government
New
Administered
Expenses
Total
$'000 $'000 $'000
DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Operating
Outcome 1
Families and children have choices and opportunities - Services and assistance that: help children have the best possible start in life; promote healthy family relationships; help families adapt to changing economic and social circumstances; and assist families with the costs of children 16,168.31244
Total Operating
Non-operating
Equity injections
Administered Assets and Liabilities
Total: Non-operating
Total: Department of Education, Employment and Workplace Relations

Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and

(c)   for State, Act, NT and local government items the actual appropriation item is the amount  set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d)   for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Section 32 Determination 2008/08 inserted amounts alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs.

Schedule 3 Amendment of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008

(section 5)

[1]           Schedule 1, Families, Community Services and Indigenous Affairs portfolio, Department of Families, Community Services and Indigenous Affairs table, Outcome 1, Administered Expenses

omit

91,298

insert

87,065

[2]           Schedule 1, Families, Community Services and Indigenous Affairs portfolio, after the Department of Families, Community Services and Indigenous Affairs table

insert

Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended. The Determination also did not amend the portfolio name or the agency name as those references in the Act were substituted as specified in the Acts Interpretation (Substituted References – Section 19B) Amendment Order 2007 (No. 2), made by the Governor-General on 14 December 2007, under section 19B of the Acts Interpretation Act 1901.

Note 2:       FMA Act Section 32 Determination 2008/08 amended the amount alongside Outcome 1,  under the heading Administered Expenses, to transfer an amount to the Department of Education, Employment and Workplace Relations.

[3]       Schedule 1, Education, Science and Training portfolio, after the Department of Education, Science and Training table

insert

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Supplementary Appropriation (bold figures) – 2007-2008

Departmental
Outputs
Administered
Expenses

Total

$'000 $'000 $'000
DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Outcome 1 ‑

Families and children have choices and opportunities - Services and assistance that: help children have the best possible start in life; promote healthy family relationships; help families adapt to changing economic and social circumstances; and assist families with the costs of children

4,233

Outcome 2 ‑

School Education ‑ Individuals achieve high quality foundation skills and learning from schools and other providers

Outcome 3 ‑

Higher Education ‑ Individuals achieve relevant learning from Higher Education

Outcome 4 ‑

Vocational and Technical Education ‑ Individuals achieve relevant skills from post school training

Outcome 5 ‑

Transitions ‑ Individuals acquire career development skills and make successful transitions to further education, training and/or employment

Outcome 6 ‑

International Influence ‑ Australia’s international influence is enhanced through international recognition of Australia’s education, research and training and strengthening and diversifying international linkages and collaboration

Outcome 7 ‑

Efficient and effective labour market assistance

Outcome 8 ‑

Increased workforce participation

Outcome 9 ‑
Higher productivity, higher pay workplaces

Outcome 10 ‑

Science, Research and Innovation - Australia maintains the strong science, research and innovation capacity required to generate and utilise knowledge

Total: Department of Education, Employment and Workplace Relations

Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been inserted.

Note 2:     FMA Act Section 32 Determination 2008/08 inserted the amount alongside Outcome 1, Administered Expenses, to transfer an amount from the Department of Families, Housing, Community Services and Indigenous Affairs.

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