DisabilityCare Australia (2021-22 Credit to the Special Account) Determination 2022

Overview

The DisabilityCare Australia (2021-22 Credit to the Special Account) Determination 2022, made by Dr James Edward Chalmers, the Treasurer, was enacted to address the financial requirements of the DisabilityCare Australia Fund for the 2021-22 financial year. This determination was made under the authority of the DisabilityCare Australia Fund Act 2013 and came into effect the day after it was registered. The primary objective of this legislation is to ensure that the necessary funds are credited to the DisabilityCare Australia Fund Special Account, as established under the Act, to support the delivery of disability care services across Australia. The determination specifies that an amount of $5,105,843,000 is to be credited to this special account on 27 June 2022, thereby providing the requisite financial resources to meet the demands of the DisabilityCare Australia program.

Scope and Application

The DisabilityCare Australia (2021-22 Credit to the Special Account) Determination 2022 applies to the DisabilityCare Australia Fund, which is established under the DisabilityCare Australia Fund Act 2013. This determination specifies the amount to be credited to the DisabilityCare Australia Fund Special Account for the 2021-22 financial year. The determination applies nationally across Australia and is made by the Treasurer, Dr James Edward Chalmers, under the authority of the Act. The Act itself applies to the administration and management of the DisabilityCare Australia Fund, which is a Commonwealth-managed fund designed to support the disability care needs of Australians. The specified amount to be credited to the Special Account is $5,105,843,000, which is to be credited on 27 June 2022. The determination is effective from the day after it is registered and does not include any exclusions or exemptions other than those specified in the Act. The application and scope of the Act can be extended or restricted through subordinate instruments, but this particular determination does not provide for such extensions or restrictions.

Key Provisions

The DisabilityCare Australia (2021-22 Credit to the Special Account) Determination 2022 (the Determination) specifies an amount to be credited to the DisabilityCare Australia Fund Special Account for the financial year 2021-22. Under section 5 of the Determination, an amount of $5,105,843,000 is to be credited to the Special Account on 27 June 2022, as required by paragraph 12(1)(a) of the DisabilityCare Australia Fund Act 2013 (the Act). This crediting of funds is a key provision of the Determination and represents the financial commitment made to the Special Account for the specified financial year. The Determination imposes certain obligations on the parties involved, primarily focusing on the crediting of the specified amount to the DisabilityCare Australia Fund Special Account. The Act mandates that the Treasury, acting on behalf of the Commonwealth, ensures the timely crediting of the specified amount to the Special Account. This process is crucial for the administration and management of the DisabilityCare Australia Fund, ensuring that sufficient funds are available to support the disability care services and programs provided under the Act. Breach of the obligations stipulated in the Determination could potentially lead to various consequences. While the Determination itself does not explicitly outline offences or penalties for non-compliance, the overarching Act may provide for such provisions. Under the Act, non-compliance with the requirements for crediting funds to the Special Account could potentially result in administrative or legal actions. However, the specific penalties or consequences would be governed by the relevant sections of the Act, which may include civil or criminal liabilities depending on the nature and extent of the breach. The Determination is made under the authority of the DisabilityCare Australia Fund Act 2013 and is effective from the day after it is registered. Any other provisions related to the commencement of the Determination are specified in the table within the instrument. It is important to note that any information in the table is not part of the Determination but may be edited in any published version of the instrument. The terms used in the Determination have the same meaning as those defined in the Act, ensuring consistency and clarity in the interpretation and application of the legislation.