Financial Management and Accountability Act 1997 Determination 2010/05 – Section 32 (Transfer of Functions from DHS to DEEWR)

Overview

The FMA Act Determination 2010/05, issued under the authority of the Minister for Finance and Deregulation on 12 March 2010, addresses the transfer of specific financial allocations from the Department of Human Services (DHS) to the Department of Employment and Workplace Relations (DEEWR) as mandated by the Financial Management and Accountability Act 1997 (FMA Act). The purpose of this legislative instrument is to facilitate the reallocation of budgetary resources resulting from the transfer of certain functions, specifically the Job Capacity Assessment program, from DHS to DEEWR. The enactment of this determination ensures that the financial provisions in the Appropriation Acts are adjusted to reflect these changes, thereby maintaining budgetary integrity and ensuring that the resourcing aligns with the operational responsibilities of the respective departments.

Scope and Application

The FMA Act Determination 2010/05, made under the authority of the Minister for Finance and Deregulation, pertains to the transfer of specific financial functions from the Department of Human Services (DHS) to the Department of Employment and Workplace Relations (DEEWR). This instrument modifies the Appropriation Act (No. 3) 2005-2006 and Appropriation Act (No. 3) 2008-2009, reallocating funds from DHS to DEEWR. Schedule 1 adjusts the departmental item by reducing DHS's allocation by $844,326.89 and increasing DEEWR's allocation by the same amount, while Schedule 2 modifies the administered item for Outcome 1 by reducing DHS's allocation by $2,319,875.00 and increasing DEEWR's allocation by the same amount. This reallocation is a direct result of the transfer of the Job Capacity Assessment program's function from DHS to DEEWR. The instrument adheres to the requirements of the Legislative Instruments Act 2003, which mandates consultation with DHS and DEEWR during its preparation.

Key Provisions

The FMA Act Determination 2010/05, made under the authority of the Minister for Finance and Deregulation, primarily involves the transfer of functions from the Department of Human Services (DHS) to the Department of Employment and Workplace Relations (DEWR). Section 32(2) of the Financial Management and Accountability Act 1997 (FMA Act) allows for the amendment of Appropriation Acts in relation to the transfer of functions from one agency to another. Specifically, this instrument adjusts the Appropriation Act (No. 3) 2005-2006 and the Appropriation Act (No. 3) 2008-2009 to reflect these changes. In terms of specific sections, Schedule 1 of the instrument transfers $844,326.89 from the departmental item of DHS to that of DEWR, as stated in the Appropriation Act (No. 3) 2005-2006. Similarly, Schedule 2 transfers $2,319,875.00 from the administered item for Outcome 1 of DHS to the administered item for Outcome 4 of DEEWR, as per the Appropriation Act (No. 3) 2008-2009. These transfers are directly tied to the movement of the Job Capacity Assessment program from DHS to DEWR. The obligations imposed by this Act require DHS and DEWR to adhere to the financial adjustments outlined in the instrument. DHS must ensure that the specified amounts are removed from their departmental and administered items, while DEWR must accept and account for these funds within their respective items. The legislation mandates that these changes be reflected accurately in the financial records of both departments. There are no explicit offences, penalties, or civil/criminal consequences detailed in the instrument for non-compliance with the specified transfers. However, the act of failing to accurately reflect these changes in the financial records could potentially lead to financial mismanagement and accountability issues under the FMA Act. Given the legislative context, any significant deviation from the outlined financial transfers could be subject to scrutiny and corrective action under the broader framework of the FMA Act.