Financial Management and Accountability Act 1997 Determination 2013/13 – Section 32 (Transfer of Functions from Social Services to PM&C)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C) (the Determination)

Purpose of the Determination

The Determination is made under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), to adjust amounts appropriated to particular agencies in response to the Administrative Arrangements Order made on 18 September 2013.

The Determination adjusts appropriations as an interim measure to support two functions (first related to indigenous affairs, and second to some aspects of gender equality) transferring from the former Department of Families, Housing, Community Services and Indigenous Affairs (now known as the Department of Social Services) to the Department of the Prime Minister and Cabinet (PM&C).

In relation to the transfer of functions for some aspects of gender equality, this involves the transfer of the Office for Women from the Department of Social Services to PM&C. 

The further movement of appropriations will occur in due course.

New Outcome in Table 17:

Table 17 to the Determination contains a new Outcome 2 for PM&C. The new Outcome 2 text is the same as the text of Outcome 7 of the former Department of Families, Housing, Community Services and Indigenous Affairs, and relates to indigenous affairs activities.

This Outcome should be read alongside the text in note 8 at the end of Appropriation Act (No. 1) 2013-2014. This text explains that where a new outcome is inserted, which substantially corresponds to the text of an existing outcome for an Agency, the new outcome is to be read as including activities indicated in the relevant Portfolio Budget Statements in respect of the existing outcome. Accordingly, the amount appropriated to Outcome 2 for PM&C may be applied for the purpose of undertaking the activities indicated in the Portfolio Budget Statements for 2013‑2014 of FaHCSIA in respect of Outcome 7, as well as the Portfolio Budget Statements for 2013-2014 of:

-          the Attorney-General’s Department, in respect of that agency’s Outcome 1;

-          the former Department of Broadband, Communications and the Digital Economy, in respect of that agency’s Outcome 1;

-          the former Department of Education, Employment and Workplace Relations, in respect of that agency’s Outcome 3;

-          the former Department of Health and Ageing, in respect of that agency’s Outcome 8;

-          the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, in respect of that agency’s Outcome 3;

-          the former Department of Regional Australia,  Local Government, Arts and Sport, in respect of that agency’s Outcome 4;

-          the former Department of Resources, Energy and Tourism, in respect of that agency’s Outcome 1; and

-          the former Department of Sustainability, Environment, Water, Population and Communities, in respect of that agency’s Outcome 5.

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 are amended in a specified way 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 the Secretary of the Department of Finance. Under section 53 of the FMA Act, the Secretary has, in turn, sub‑delegated this power to certain Senior Executive Service officials within the Department of 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, PM&C and the Department of Social Services were consulted in the preparation of the Determination.

Summary of Changes

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