Appropriation Act (No. 1) 2009-2010 - Section 14 Determination 2009/01 - Indigenous Employment Special Account Receipts 2009-2010

Overview

The Appropriation Act (No. 1) 2009-2010 was enacted by the Australian Parliament to provide the necessary financial framework for government spending during the specified fiscal year. Among its provisions, this Act addresses the need to facilitate funding for initiatives aimed at increasing employment opportunities for Indigenous Australians. The Indigenous Employment Special Account was established to specifically support these initiatives. The purpose of the Determination under this Act is to allow the crediting of funds from the Indigenous Employment Special Account or the Northern Territory Flexible Funding Pool Special Account to certain specified agencies, thereby enabling them to support targeted employment programs. This mechanism ensures that funds are appropriately allocated and managed in accordance with the legislative intent to enhance employment opportunities for Indigenous people. The Determination was made under the authority of Section 14 of the Appropriation Act (No. 1) 2009-2010, which provides for the appropriation of funds from the Indigenous Employment Special Account or the Northern Territory Flexible Funding Pool Special Account to specified agencies. The Department of Families, Housing, Community Services and Indigenous Affairs is responsible for managing these accounts. The policy objective behind this Determination is to streamline the allocation of funds to agencies that are directly involved in implementing employment initiatives for Indigenous Australians, ensuring that the financial resources are effectively utilised to meet the objectives of the Special Accounts.

Scope and Application

The Appropriation Act (No. 1) 2009-2010, through the Determination, provides a framework for the utilisation of funds from the Indigenous Employment Special Account (IE Special Account) and the Northern Territory Flexible Funding Pool Special Account (NTFFP Special Account) by specified Commonwealth agencies to support employment initiatives for Indigenous people. This Determination, which came into effect on 1 July 2009, authorises the crediting of amounts debited from these special accounts to the administered items of particular agencies, namely the Attorney-General’s Department, the Department of Education, Employment and Workplace Relations, the Department of the Environment, Water, Heritage and the Arts, the Department of Families, Housing, Community Services and Indigenous Affairs, and the Department of Health and Ageing. The funds must be applied strictly in accordance with the purposes for which the respective special accounts were established, which is to develop, promote, assist or implement initiatives that expand employment opportunities for Indigenous people. The Determination stipulates that the amounts received by these agencies must be used consistently with these objectives, ensuring that the funds are appropriately directed towards enhancing employment prospects for Indigenous Australians. The Determination does not extend beyond the scope of the Appropriation Act (No. 1) 2009-2010 and is not subject to parliamentary disallowance or sunsetting provisions.

Key Provisions

The main operative sections of the Appropriation Act (No. 1) 2009-2010 (Appropriation Act No. 1) pertinent to the Indigenous Employment Special Account (IE Special Account) and the Northern Territory Flexible Funding Pool Special Account (NTFFP Special Account) are sections 14 and 14(1)(b). Section 14 establishes the appropriation mechanism for agencies to increase their existing administered items with amounts debited from these special accounts. Section 14(1)(b) allows the Finance Minister to make a written Determination so that an amount debited from either the IE Special Account or the NTFFP Special Account may be credited to the administered item of a specified agency. This mechanism facilitates the allocation of funds from these special accounts to meet the specific objectives related to employment opportunities for Indigenous people and employment creation initiatives, respectively. The Act imposes certain obligations and requirements on the parties involved. The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) is responsible for managing both the IE Special Account and the NTFFP Special Account. The funds from these accounts can be paid to specified agencies on an as-needed basis to meet agreed outcomes relevant to the purposes of these accounts. Subsection 14(3) of Appropriation Act No. 1 stipulates that amounts debited from the IE Special Account or the NTFFP Special Account must be applied by the agencies in accordance with any conditions set out in the Determination. Furthermore, agencies must ensure that these funds are used in a manner consistent with the purposes of the respective Special Account. In terms of potential consequences for breach, it is important to note that the Determination is not subject to parliamentary disallowance or sunsetting provisions, as per subsection 14(4) of Appropriation Act No. 1. This means that there are no formal parliamentary processes for disallowing or expiring this Determination. However, misuse of funds or non-compliance with the conditions set out in the Determination could lead to administrative or legal repercussions. While the explanatory statement does not specify maximum penalties, breaches of financial management regulations or misuse of public funds could result in disciplinary actions, financial penalties, or legal proceedings depending on the severity and nature of the breach.