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Federal Financial Relations (National Partnership) Determination No. 162 (February 2020)

Federal Financial Relations (National Partnership) Determination No. 162 (February 2020)

Administered by Department of the Treasury

Legislation au F2020L00159 In force Legislative Instrument

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EXPLANATORY STATEMENT

This determination is made under section 16 of the Federal Financial Relations Act 2009 (FFR Act).

Background

The Intergovernmental Agreement on Federal Financial Relations (the IGA) provides a foundation for collaboration on policy development and service delivery between the Commonwealth and the states and territories (the states).

The Commonwealth has committed to the provision of on‑going financial support for the states’ service delivery efforts. This includes the provision of National Partnership payments which support the delivery of specified outputs or projects, facilitate reforms, and reward jurisdictions that deliver on nationally significant reforms. Under the IGA, National Partnership payments are made on the 7th of each month, or the first business day thereafter. Extraordinary payments can be made if necessary.

National Partnership payments are implemented by way of a determination by the Minister under section 16 of the FFR Act.

Consultation

The IGA was subject to extensive consultation with the states before it was agreed by the Council of Australian Governments (COAG) on 29 November 2008. The IGA and individual National Partnership agreements are publicly available on the Council on Federal Financial Relations website.

National Partnership payments

All money raised or received by the Commonwealth forms part of the Consolidated Revenue Fund. Legislative authority is required for the Commonwealth to spend money from the Consolidated Revenue Fund. The Public Governance, Performance and Accountability Act 2013 (s 80) provides that, if another Act establishes a special account and identifies the purposes of the account, the Consolidated Revenue Fund is appropriated up to the balance of the account at any point in time for expenditure for the purposes of the account.

In this context, the relevant Act is the COAG Reform Fund Act 2008 which establishes the COAG Reform Fund, a special account which has the purpose of making grants and financial assistance to States and Territories.

The FFR Act (s 16) then allows the Minister (who can be any Treasury portfolio Minister) to credit funds to the COAG Reform Fund for the purpose of providing financial assistance to the states in the form of National Partnership payments. Once the funds are credited to the COAG Reform Fund they are debited from the fund to make the payments to the states.

The Minister’s determinations in respect of National Partnership payments are legislative instruments and are registered on the Federal Register of Legislation, but are not disallowable. The Commonwealth has an obligation under the IGA to make National Partnership payments in a prescribed manner. Exemption from the disallowance provisions of the Legislation Act 2003 allows the Minister to ensure that this obligation is met.

Payment conditions

Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted are to be set out in a written agreement between the Commonwealth and the state.

National Partnerships are the written agreements that set out the terms and conditions for payments made under section 16 of the FFR Act. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a state:

(a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate makes a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and

(b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate makes a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.

Where the achievement of a performance benchmark is not required before a payment is made to a state, payments are scheduled in accordance with the payment profile set out in the National Partnership.

Debit limits

Under subsection 16(3) of the FFR Act the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2019 must not exceed $25,000,000,000. This amount is set out in Supply Act (No. 2) 2019-2020 and Appropriation Act (No. 2) 2019-2020.

The total amount determined for National Partnership payments to date in the 2019-20 financial year does not exceed the debit limit.

Commencement

The determination commenced on the day it was made.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

National Partnership agreements set out mutually agreed objectives, outcomes, outputs and performance requirements for the specific services, project or reform to be delivered under that agreement. Each agreement is negotiated between the Commonwealth and the relevant States and Territories. Through the negotiation process, the States and Territories have input into the setting of benchmarks to be used to measure progress in delivering services, projects and reforms. As such, the benchmarks in National Partnership agreements are agreed by all parties as achievable and demonstrating the realisation of the mutually-agreed policy objectives.

The States and Territories meet the overwhelming majority of performance requirements in National Partnership agreements. The associated funding is then paid in accordance with the determinations for National Partnership payments (NPPs), consistent with the terms and conditions of the relevant agreement. The setting of performance requirements promotes the progressive realisation of human rights by creating an incentive for the efficient delivery of services, projects and reforms in sectors such as health, education, housing and community services.

At an aggregate level, total National Partnership payments vary from month to month and year to year for a variety of reasons. Different projects and reforms are delivered over different time periods, and annual funding allocations under individual agreements vary over the term of the agreement depending on the pace at which services, projects or reforms are expected to occur. Structural changes to the way that services are provided can also mean that funding arrangements change. For example, funding for the provision of disability services is currently experiencing significant change as the Commonwealth and the States and Territories transition to full implementation of the National Disability Insurance Scheme. As a result of these variations, trends in NPPs for sectors that support human rights do not necessarily reflect trends in overall payments to the States and Territories for service provision.

Overview

The Federal Financial Relations (National Partnership) Determination No. 162, enacted in February 2020, was introduced to facilitate the implementation of the Intergovernmental Agreement on Federal Financial Relations (IGA) by providing a framework for the Commonwealth to make National Partnership payments to the states and territories. These payments support the delivery of specified outputs or projects, facilitate reforms, and reward jurisdictions that deliver on nationally significant reforms. The determination is made under section 16 of the Federal Financial Relations Act 2009 (FFR Act) and was enacted by the Minister, who has the authority to credit funds to the COAG Reform Fund for the purpose of providing financial assistance to the states in the form of National Partnership payments. The determination ensures that the Commonwealth meets its obligation under the IGA to make payments in a prescribed manner, which includes setting out the terms and conditions in written agreements between the Commonwealth and the states. The policy objective of this determination is to foster collaboration between the Commonwealth and the states in delivering services, projects, and reforms, ensuring the efficient use of funds and the progressive realisation of human rights through agreed-upon performance benchmarks. The benchmarks are set through negotiations, ensuring that all parties agree on achievable targets that demonstrate the realisation of the mutually-agreed policy objectives.

Scope and Application

The Federal Financial Relations (National Partnership) Determination No. 162 (February 2020) applies to the financial arrangements between the Commonwealth and the states and territories of Australia, particularly concerning National Partnership payments made under the Federal Financial Relations Act 2009. These payments are intended to support the delivery of specific services, projects, and reforms, as well as to reward jurisdictions that achieve nationally significant reforms. The Act applies to the states and territories, as well as to the Commonwealth Government, which is responsible for making the payments in accordance with the terms set out in the written agreements. The geographic reach of the Act is national, as it involves all states and territories within Australia. The Act also sets a debit limit for National Partnership payments in the financial year starting on 1 July 2019, which must not exceed $25 billion. The application of the Act may be extended or restricted through subordinate instruments, such as agreements between the Commonwealth and the states and territories. The determination includes provisions for the payment conditions, which require that the terms and conditions on which financial assistance is granted are set out in a written agreement between the Commonwealth and the state. The Act does not explicitly state any exclusions or exemptions; however, the payment of National Partnership payments is contingent upon the achievement of pre-determined performance benchmarks or the delivery of specified outputs or projects. The determination ensures that the Commonwealth's obligation under the Intergovernmental Agreement on Federal Financial Relations is met, and the Minister's determinations in respect of National Partnership payments are legislative instruments that are registered on the Federal Register of Legislation. The Minister's determinations are not subject to disallowance, which allows for the efficient and timely implementation of the agreement.

Key Provisions

The main operative sections of Federal Financial Relations (National Partnership) Determination No. 162 (February 2020) include sections that establish the legal framework for National Partnership payments, set out the conditions for these payments, and define the obligations of the Commonwealth and the states under the Intergovernmental Agreement on Federal Financial Relations (IGA) (sections 1-7). The determination also sets a debit limit for National Partnership payments for the financial year starting on 1 July 2019, which must not exceed $25,000,000,000 (section 16). These provisions ensure that the Commonwealth can provide financial support to the states for specific services, projects, and reforms in a structured and transparent manner. The obligations imposed by the Act include the requirement for the Commonwealth to make National Partnership payments in accordance with the terms and conditions set out in written agreements between the Commonwealth and the states (section 7). These agreements outline the objectives, outcomes, outputs, and performance benchmarks that must be achieved for payments to be made. The Commonwealth is also required to credit funds to the COAG Reform Fund for the purpose of making these payments (section 16). The states, in turn, are obliged to meet the performance requirements set out in the National Partnership agreements and to provide expenditure and performance reporting as required (section 7). This collaborative approach ensures that both the Commonwealth and the states are committed to achieving the agreed policy objectives and outcomes. The Act provides for various consequences and penalties in the event of non-compliance with the provisions. While the determinations in respect of National Partnership payments are not disallowable, any failure by the Commonwealth to meet its obligations under the IGA could potentially lead to legal challenges or disputes. The states are expected to meet the performance requirements in the National Partnership agreements, and failure to do so may result in the withholding of payments. However, the Act does not explicitly outline criminal or civil penalties for breaches of the National Partnership agreements. Instead, the focus is on ensuring compliance through the agreement-based framework and the incentivisation of efficient service delivery. In summary, the Federal Financial Relations (National Partnership) Determination No. 162 (February 2020) sets out the legal framework for National Partnership payments, establishes the obligations of the Commonwealth and the states, and provides for the setting of performance requirements and benchmarks. The determination ensures that financial support is provided in a transparent and structured manner, with a focus on achieving agreed policy objectives and outcomes. While the Act does not explicitly outline criminal or civil penalties for breaches, the collaborative approach ensures that both the Commonwealth and the states are committed to meeting their respective obligations and achieving the desired results.

Area of Law: Federal Financial Relations; Public Finance
Instrument: Determination
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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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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