Financial Management and Accountability Act 1997 Determination 2008/35 – Section 32 (Transfer of Functions from the former DEWR to FaHCSIA)

Overview

The FMA Act Determination 2008/35, enacted in 2008, was introduced to address the need for the transfer of appropriations from the former Department of Employment and Workplace Relations (DEWR) to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) in light of the administrative arrangements order made by the Governor-General in Council on 3 December 2007. This determination was made under the Financial Management and Accountability Act 1997 and was authorised by the Minister for Finance and Deregulation, with the power delegated to the Secretary of the Department of Finance and Deregulation. The primary objective of this determination is to facilitate the smooth transition of appropriations between the two departments, ensuring that the changes in departmental arrangements are accurately reflected in the annual Appropriation Acts. The amounts transferred are specified in the determination, with $2,202,747.90 from the 2006-2007 Appropriation Act and $74,285,629.67 from the 2007-2008 Appropriation Act being reallocated to the FaHCSIA. The preparation of this determination involved consultation with the former DEWR and FaHCSIA, in compliance with the Legislative Instruments Act 2003.

Scope and Application

The FMA Act Determination 2008/35, issued under the authority of the Minister for Finance and Deregulation, pertains to the transfer of appropriations between the former Department of Employment and Workplace Relations (DEWR) and the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). This determination applies specifically to appropriations outlined in the annual Appropriation Acts for the fiscal years 2006-2007 and 2007-2008. The purpose is to reflect the administrative changes that resulted from the abolition and establishment of Departments of State, including the transfer of certain functions and their associated appropriations. The determination amends the relevant schedules of the appropriation acts to reallocate funds from the former DEWR to FaHCSIA, with specific amounts of $2,202,747.90 and $74,285,629.67 transferred for the respective fiscal years. This legislative instrument, prepared in consultation with both the former DEWR and FaHCSIA, is subject to the provisions of the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of this determination, specifically section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act), empower the Minister for Finance and Deregulation to amend Schedules to annual Appropriation Acts to transfer appropriations when there is a transfer of a function between agencies. This power has been delegated to the Secretary of the Department of Finance and Deregulation under section 62 of the FMA Act. This particular determination is designed to reflect changes in departmental arrangements resulting from administrative arrangements orders and to transfer appropriations from the former Department of Employment and Workplace Relations (DEWR) to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). The obligations imposed by this Act on the parties it governs primarily involve ensuring that the appropriations are correctly transferred in line with the legislative requirements. Specifically, the Secretary of the Department of Finance and Deregulation must ensure that the appropriations are accurately reflected in the annual Appropriation Acts. Furthermore, both the former DEWR and FaHCSIA were required to be consulted in the preparation of this instrument, as stipulated in the Legislative Instruments Act 2003, which underscores the importance of stakeholder engagement in the legislative process. Regarding the consequences of non-compliance, the determination itself does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the Financial Management and Accountability Act 1997, under which this determination operates, provides a framework for financial management and accountability that, if breached, could lead to various repercussions. These could include financial penalties, audits, or legal action depending on the nature and severity of the breach. The penalties for breaches of the FMA Act can vary significantly but may include fines and imprisonment, reflecting the importance of adherence to the financial management requirements outlined in the Act.