Community Grants Hub—Housing Programs (Treasury) Delegations 2025

Administered by Department of the Treasury

Legislation au F2025N00730 In force Notifiable Instrument

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I, Jenny Wilkinson, Secretary to the Department of the Treasury make the following delegations.

Dated 2 September 2025

Jenny Wilkinson PSM

Secretary

Department of the Treasury

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Delegations

5 Delegations under the FFSP Act

6 Delegations under the PGPA Act and the PGPA Rule

Part 3—Revocations

7 Revocation of previous delegations

Schedule 1—Delegations

Schedule 2—Directions

Part 1—Preliminary

1 Name

This instrument is the Community Grants Hub—Housing Programs (Treasury) Delegations 2025.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the following:

(a) the Financial Framework (Supplementary Powers) Act 1997; and

(b) the Public Governance, Performance and Accountability Act 2013.

4 Definitions

Note: Expressions have the same meaning in this instrument as in the Financial Framework (Supplementary Powers) Act 1997 and the Public Governance, Performance and Accountability Act 2013 as relevant and as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

In this instrument:

APS employee has the same meaning as in the Public Service Act 1999.

DSS means the Department of Social Services.

EL1 employee means an APS employee who has been allocated an Executive Level 1 classification.

EL2 employee means an APS employee who has been allocated an Executive Level 2 classification.

Finance Minister’s Delegation means the Public Governance, Performance and Accountability (Finance Minister to Accountable Authorities of Non-Corporate Commonwealth Entities) Delegation 2022.

FFSP Act means the Financial Framework (Supplementary Powers) Act 1997.

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

PGPA Rules means the Public Governance, Performance and Accountability Rule 2014.

CGH Administered Program means any of the following programs:

(a) Central Coast Women and Children’s Trauma and Recovery Centre;

(b) Homelessness Sector Development Round;

(d) Improving Social Housing Outcomes: the Hobart City Deal;

(e) Jewish House Expansion;

(f) Reconnect;

(g) the Safe Places Emergency Accommodation Program;

(h) the Safe Places Inclusion Round;

(i) Securing the future of Survivors R Us;

(j) Women’s Safety Infrastructure Grants.

SES employee has the same meaning as in the Public Service Act 1999.

Treasury means the Department of the Treasury.

Part 2—Delegations

5 Delegations under the FFSP Act

(1) Under subsection 32D(3) of the FFSP Act, the powers of the Secretary to the Treasury set out in subsection (2) are delegated to the officials from time to time holding, occupying or performing the duties of positions in DSS specified in column 1 of an item in the table in Schedule 1, subject to:

(a) if the exercise of these powers involves the commitment or expenditure of money by the Commonwealththe relevant amount not exceeding the amount specified in column 2 of that item; and

(b) the directions specified in Schedule 2.

Note: Subsection 32D(4) of the FFSP Act requires a delegate to comply with any directions of the accountable authority.

(2) For the purposes of subsection (1), the powers are:

(a) the power under section 32B to make, vary or administer an arrangement under which relevant money or other CRF money may become payable, or to make a grant of financial assistance to a person or a State or Territory; and

(b) the power under section 32C to enter into a written agreement about the terms and conditions under which financial assistance is granted to a recipient.

6 Delegations under the PGPA Act and the PGPA Rule

(1) Under subsection 110(1) of the PGPA Act, the powers and functions of the Secretary to the Treasury set out in subsection (2) are delegated to the officials from time to time holding, occupying or performing the duties of the positions specified in column 1 of an item in the table in Schedule 1, subject to:

(a) the relevant amount owing to the Commonwealth not exceeding the amount specified in column 2 of that item; and

(b) the directions specified in Schedule 2.

Note: Subsection 110(3) of the PGPA Act authorises the imposition of written directions about the exercise of a delegated power by the delegate.

(2) For the purpose of subsection (1), the powers and functions are:

(a) the power under section 23 of the PGPA Act to enter into an arrangement and to approve the commitment of relevant money;

(b) the power under paragraph 63(1)(b) of the PGPA Act to modify the terms and conditions on which an amount owing to the Commonwealth is to be paid to the Commonwealth, which has been delegated to the Secretary to the Treasury under the Finance Minister’s Delegation; and

(c) the functions under section 11 of the PGPA Rule in relation to the recovery of a debt owing to the Commonwealth that relates to the CGH Administered Program.

Part 3—Revocations

7 Revocation of previous delegations

Any previous delegations of the Secretary to the Department of Treasury’s powers or functions under subsection 32D(3) of the FFSP Act and subsection 110(1) of the PGPA Act, for the purposes of a CGH Administered Program, and applying to officials (other than Treasury officials) are revoked.

Schedule 1—Delegations

Note: see sections 5 and 6.

Item	Column 1 Delegates: DSS position	Column 2 Financial limits (in relation to a single grant agreement)
1	SES employee – with responsibility for administering the CGH Administered Program	Limit of the appropriation available for the purpose of the Program, plus goods and services tax (GST) where applicable
2	EL2 employee – with responsibility for administering the CGH Administered Program	$5,000,000, plus GST where applicable
3	EL1 employee – with responsibility for administering the CGH Administered Program	$2,500,000, plus GST where applicable
4	APS employee (other than an employee covered by items 1 to 3) – with responsibility for administering the CGH Administered Program	$500,000, plus GST where applicable

Schedule 2—Directions

Note: see sections 5 and 6.

(1) The following directions are made for the purposes of subsection 32D(4) of the FFSP Act (to the extent that they relate to the exercise of powers under that Act), and subsection 110(3) of the PGPA Act (to the extent that they relate to the exercise of powers under the PGPA Act and the PGPA Rule).

(2) The delegate may only exercise the powers in relation to providing funding for a program that is a CGH Administered Program.

(3) Prior to exercising any power, the delegate must consult with a relevant official from Treasury about whether it may be appropriate to provide funding to a particular grantee or potential grantee in relation to a CGH Administered Program.

(4) The delegate must take into account the advice provided by Treasury in accordance with subsection (3).

(5) The delegate may enter into agreements, or undertake any other steps, reasonably required to implement a decision to provide funding to a particular grantee in relation to a CGH Administered Program.

(6) A delegate must make a written record of each exercise of a power delegated under this instrument and retain the records on a corporate file.

(7) A delegate must not take an action or exercise a power where it would have the effect of committing funds exceeding the previously agreed funding for a particular grantee in relation to a CGH Administered Program.

(9) A grant agreement may only be executed where it has been approved in accordance with any relevant grant guidelines and discussed with a relevant official of the Treasury.

(10) An application for:

(a) an extension of time; or

(b) a change in project milestones;

likely to result in a need to vary the annual capped amounts for an arrangement must not be approved until discussed with a relevant official of the Treasury.

(11) A request to:

(a) terminate an arrangement; or

(b) novate an arrangement;

must not be approved until discussed with a relevant official of the Treasury.

(12) A delegate must only exercise the powers delegated by this instrument consistently with their duties.

(13) A delegate must only exercise the power in paragraph 63(1)(b) of the PGPA Act in accordance with relevant directions in the Finance Minister’s Delegation, or any superseding delegation.

Overview

The Community Grants Hub—Housing Programs (Treasury) Delegations 2025, enacted on 2 September 2025, aims to streamline the delegation of certain powers and functions held by the Secretary to the Department of the Treasury, specifically relating to housing programs administered through the Community Grants Hub. This instrument was created under the authority of the Financial Framework (Supplementary Powers) Act 1997 and the Public Governance, Performance and Accountability Act 2013. The primary objective is to facilitate efficient management and administration of the specified housing programs by delegating specific powers to officials within the Department of Social Services, subject to financial limits and adherence to Treasury directions. These delegations allow designated officials within the Department of Social Services to make, vary, or administer arrangements for financial assistance and enter into agreements for the specified housing programs, provided that the financial limits are not exceeded and the directions from the Treasury are followed. The instrument also revokes any previous delegations made under the same Acts for the purposes of the Community Grants Hub Administered Programs, ensuring that only the current delegations are in effect. The delegations are designed to enhance accountability and governance while enabling the effective delivery of housing programs.

Scope and Application

The Community Grants Hub—Housing Programs (Treasury) Delegations 2025 pertains to the delegation of certain powers and functions of the Secretary to the Department of the Treasury to specified officials within the Department of Social Services (DSS) in relation to certain housing programs administered under the Community Grants Hub (CGH). The Act applies to these officials, who include SES, EL2, EL1, and other APS employees with specific responsibilities for administering the CGH Administered Programs. These programs encompass initiatives such as the Central Coast Women and Children’s Trauma and Recovery Centre, Homelessness Sector Development Round, and others listed in the instrument. The geographic reach of the Act is national, as it involves the administration of federal grants across various states and territories. The instrument specifies financial limits for the delegation of powers, with varying thresholds based on the level of the delegate’s responsibility and classification. The Act also includes detailed directions that the delegates must follow, such as consulting with Treasury before exercising powers, documenting each exercise of delegated power, and adhering to agreed funding limits for grantees. The instrument further revokes any previous delegations that applied to officials outside the Treasury. The Act’s application can be extended or restricted through subordinate instruments as needed.

Key Provisions

The Community Grants Hub—Housing Programs (Treasury) Delegations 2025 (the 'Delegations') outlines the delegation of certain powers and functions from the Secretary to the Department of the Treasury to officials within the Department of Social Services (DSS) for administering specified housing programs. These delegations are made under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act) and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The Delegations specify the limits on the financial commitments that can be made by the delegates, depending on their level of responsibility within DSS. For example, Senior Executive Service (SES) employees can commit up to the limit of the appropriation available for the program, whereas other Australian Public Service (APS) employees are limited to $500,000 plus GST. The Delegations impose several obligations on the parties involved. Delegates must ensure that any funding provided is strictly for programs designated as CGH Administered Programs. They are required to consult with Treasury before exercising any delegated powers, particularly when deciding whether to fund a particular grantee. Additionally, delegates must take into account any advice provided by Treasury and must not commit funds beyond what has been agreed upon for a particular grantee. Any exercise of the delegated powers must be recorded in writing and kept on a corporate file. The Delegations also outline specific consequences for non-compliance. While the specific offences and penalties are not detailed within the text, breaches of the directions or the misuse of delegated powers could potentially lead to disciplinary actions under the Public Service Act 1999, as well as possible legal consequences under the FFSP Act and the PGPA Act. The directions themselves impose clear procedural requirements that, if not followed, could result in invalid actions or agreements. For example, any grant agreement must be approved in accordance with relevant grant guidelines and discussed with Treasury before it can be executed. Finally, the Delegations include a schedule that specifies the financial limits for each category of delegate, ranging from SES employees to APS employees, and another schedule that outlines the specific directions that delegates must follow. These directions include the requirement to consult with Treasury, to take into account their advice, and to ensure that all actions are consistent with the duties of their positions. Failure to adhere to these directions could result in actions being deemed invalid or in other administrative or legal repercussions.

Area of Law: Administrative Law; Public Governance, Performance and Accountability
Instrument: Notifiable instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Delegations & Subordinate Legislation; Licensing & Registration; Reporting & Disclosure Obligations; Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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