Financial Management and Accountability Act 1997 Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/06 – Section 32 (Transfer of Functions DEEWR to Education and Employment) (the Determination)

Purpose of the Determination

The Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), to transfer appropriations due to the new Administrative Arrangements Order made on 18 September 2013.

The Determination adjusts appropriations as an interim measure to immediately support functions from DEEWR being transferred to the Department of Education (Education) and the Department of Employment (Employment). The further transfer of appropriations will occur in due course.

The Department of Education, Employment and Workplace Relations (DEEWR) was abolished and its functions were transferred:

• in relation to education, to Education; and

• in relation to employment, to Employment.

Table 1 and Table 2 in Schedule 1 of the Determination allocate outcome text to Education and Employment, respectively. The outcome text is the same as applied to DEEWR, with additional text to clarify that each Department may refer to the Portfolio Budget Statements of DEEWR to the extent applicable.

Table 1 in Schedule 2 of the Determination reflects the title of the Minister and the Department consistent with the Administrative Arrangements Order.

Transfer of Functions generally

Section 32 of the FMA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts under section 32 are amended in relation to the transfer of a function from one Agency to another.

Under section 62 of the FMA Act, the Finance Minister has delegated the power to make determinations under section 32 to certain Senior Executive officials within the Department of Finance (Finance), including the official who made the Determination.

The Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is not required for the Determination. 
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under
section 42 of the Legislative Instruments Act 2003. A determination under section 32 of the FMA Act is exempt from disallowance under subsection 32(7) of the FMA Act. As such, a Statement of Compatibility with Human Rights is not required.

Consultation and Impact

Consistent with Part 3 of the Legislative Instruments Act 2003, Education and Employment were consulted in the preparation of the Determination.

Summary of Changes

The Determination affects Appropriation Act (No. 1) 2013-2014 in the following way, which results in no change to the total amount appropriated by Parliament:

The Determination also affects Appropriation Act (No. 2) 2013-2014 in the following way, which results in no change to the total amount appropriated by Parliament: