Overview
The FMA Act Determination 2009/12, made under the authority of the Minister for Finance and Deregulation on 10 September 2009, addresses the transfer of functions and appropriations between the Department of Education, Employment and Workplace Relations (DEEWR) and Safe Work Australia (SWA). Enacted in accordance with the Financial Management and Accountability Act 1997, this instrument was designed to facilitate the reallocation of financial resources to support the establishment of harmonised occupational health and safety laws and the development of national policy on workers' compensation. The policy objective behind this determination is to ensure that the necessary funding is redirected to SWA to effectively implement these critical national functions. This process involved amending the Appropriation Act (No. 1) 2009-2010 to transfer an amount of $8,814,500.00 from DEEWR to SWA, thereby reducing DEEWR's departmental item and increasing SWA's.
Scope and Application
The FMA Act Determination 2009/12 pertains to the transfer of functions from the Department of Education, Employment and Workplace Relations (DEEWR) to Safe Work Australia (SWA) and the consequential reallocation of funds as stipulated in the Appropriation Act (No. 1) 2009-2010. This determination was authorised under the Financial Management and Accountability Act 1997, which empowers the Minister for Finance and Deregulation to amend Appropriation Acts in respect of the transfer of functions between agencies. Specifically, the determination facilitates the transfer of $8,814,500.00 from DEEWR to SWA, reflecting the shift in responsibilities related to the establishment of harmonised occupational health and safety laws and the development of national workers' compensation policy. The amendment affects the departmental items within the mentioned appropriation act, reducing DEEWR's allocation and increasing SWA's allocation accordingly. This instrument was developed in consultation with DEEWR and SWA and constitutes a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the FMA Act Determination 2009/12 (paragraph 2) transfer a specific amount of $8,814,500.00 from the departmental item of the Department of Education, Employment and Workplace Relations (DEEWR) to that of Safe Work Australia (SWA). This transfer reflects the reallocation of financial resources to support the new functions assigned to SWA concerning the establishment of harmonised occupational health and safety laws and the development of national policy on workers' compensation. The instrument is designed to amend the Appropriation Act (No. 1) 2009-2010 by reducing DEEWR's budget and increasing SWA's budget by the specified amount.
The Act imposes specific obligations and requirements on the parties involved. The Minister for Finance and Deregulation, as authorised by the Financial Management and Accountability Act 1997 (FMA Act), is responsible for determining amendments to the appropriation acts in relation to the transfer of functions. This power is delegated to the Secretary of the Department of Finance and Deregulation, who in turn delegates this authority to relevant officials. The instrument ensures that the transfer of funds is executed in accordance with the legislative framework and that the financial adjustments reflect the shift in responsibilities between DEEWR and SWA.
The Act also outlines consequences for non-compliance with the provisions of the instrument. While the explanatory statement does not detail specific offences or penalties, breaches of the FMA Act could potentially lead to civil or criminal sanctions, depending on the nature and severity of the breach. Under Australian law, failure to comply with legislative instruments may result in legal actions, fines, or other penalties as prescribed by the relevant legislation. However, the exact penalties are not specified within this particular instrument but would be addressed under the broader legislative framework of the FMA Act and other applicable laws.