Financial Management and Accountability Act Determination 2013/09 – Section 32 (Transfer of Functions from Health to Social Services)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2013/09 – Section 32 (Transfer of Functions from Health to Social Services) (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 aged care functions transferring from the former Department of Health and Ageing (Health, now known as the Department of Health) to the Department of Social Services (Social Services, previously known as the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)). The further transfer of appropriations will occur in due course.

Table 10 in Schedule 1 to the Determination contains a new Outcome 8 for Social Services. The text of that outcome is generally the same as the text of Outcome 4 for Health, but has additional text to confirm that Social Services can perform activities indicated in Health’s 2013-2014 Portfolio Budget Statements for that outcome.

In determining the scope of its Outcomes 1 to 6, Social Services may refer to Outcomes 1 to 6 in FaHCSIA’s 2013-2014 Portfolio Budget Statements.

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 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 certain Senior Executive 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, Health and 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: