Financial Management and Accountability Amendment Regulation 2012 (No. 8)

Administered by Department of Finance

Legislation au F2012L02091 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 248

Subject - Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulation 2012 (No. 8)

 

The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.

 

Subsection 65(1) of the FMA Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The Regulation amends the Financial Management and Accountability Regulations 1997 (the Principal Regulations) to amend one program description and add one new Government program to Part 4 of Schedule 1AA to ensure that there is legislative authority for this spending activities under these programs.

To respond to the High Court decision in Williams v Commonwealth [2012] HCA 23, the Financial Framework Legislation Amendment Act (No.3) 2012 established legislative authority in section 32B of the FMA Act for the Government to spend on the grants and programs listed in Schedule 1AA of the Principal Regulations.

Further details on the Regulation are set out in the Attachment.

The FMA Act specifies that no conditions need to be met before the power to make the Regulation may be exercised. 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulation commences on the day after the Regulation is registered on the Federal Register of Legislative Instruments.

Consultation

In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the relevant parts of the Department of Education, Employment and Workplace Relations.  The Australian Government Solicitor also provided advice on the amendment to Schedule 1AA in the Principal Regulations.

A regulation impact statement is not required as the Regulation only applies to FMA Act Agencies, and does not adversely affect the private sector.

Statement of Compatibility with Human Rights

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Human Rights Act). 

The amendments do not engage any of the rights or freedoms outlined in the Human Rights Act, such as encompassed in the International Covenant on Civil and Political Rights (ICCPR).  The amendments do not limit any human rights, nor establish any new offences or penalties.

Authority: Subsection 65(1) of the Financial Management and Accountability Act 1997


ATTACHMENT

Details of the Financial Management and Accountability Amendment Regulation 2012 (No. 8)

Section 1 – Name of Regulation

This section provides that the title of the Regulation is the Financial Management and Accountability Amendment Regulation 2012 (No. 8), as made under section 65 of the Financial Management and Accountability Act 1997 (the FMA Act).

Section 2 – Commencement

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment of the Financial Management and Accountability Regulations 1997

This section provides that the Principal Regulations are amended as set out in Schedule 1.

Schedule 1 – Amendments

Schedule 1 amended the Principal Regulations to ensure there is legislative authority for Government spending in the Education, Employment and Workplace Relations portfolio by: amending the description of an existing program (item 1) and adding a new program (item 2) in Part 4 of Schedule 1AA.

Item [1] – Schedule 1AA, item 407.050

This item amended the program description for a Department of Education, Employment and Workplace Relations program in Schedule 1AA of the Principal Regulations to ensure that the legislative authority is broad enough to support payment arrangements for the Mature-Age Participation—Job Seeker Assistance Program (existing item 407.050).  Currently the program objective limits access to these payments to assist re-entry to the workforce to people aged 55 years and over.  The program includes 4 subprograms to assist job seekers aged 45 years and over to continue in the workforce.

 

This item amends the title of the program in item 407.050 to be “Mature-age work participation –assistance” and broadens the program objective so that it will provide authority for spending for the following subprograms:

  • Experience + Jobs Bonus – $10 million (over four years) to assist employers who offer a genuine, ongoing employment opportunity for mature age job seekers.  The Jobs Bonus will be payable after the mature age person has been employed for at least 13 weeks.
  • Corporate Champions – $15.6 million to assist employers across Australia (small, medium and large) to receive one-on-one assistance to review their current human resource practices. The program aims to attract employers who make a public commitment to move toward a better practice in employing people aged 45 years and over.
  • Mature Age Communications Strategy – funding for communication and promotion of better practice in workplace diversity by working with key employers, industry groups and stakeholders to drive the national conversation about workplace diversity and mature age workers, including through a series of national seminars and educational materials.
  • Mature Age Participation – Job Seeker Assistance Program – job preparation assistance for eligible participants, including refresher or basic training in information technology and help to use social media tools.

Mature-age work participation – assistance is part of Program 3.1 (Employment Services) of the Department of Education, Employment and Workplace Relations described in the Education, Employment and Workplace Relations Portfolio Budget Statements 2012-13, Budget Related Paper No 1.6 at pages 84‑86.

Item [2] – Schedule 1AA, item 407.071 Centre for Workplace Leadership Fund

This item added a new program to Schedule 1AA of the Principal Regulations for the Department of Employment, Education and Workplace Relations, to provide legislative authority for payments to be made to the Centre for Workplace Leadership Fund (new item 407.071). 

The Centre for Workplace Leadership will be established independently from Government following a request for proposals process.  The aim of the Centre will be to improve leadership and management practices in Australian workplaces.  The Secretary of the Department of Education, Employment and Workplace Relations is to be part of an Advisory Group that will provide advice to Government and to the Centre on the key issues and strategies to assist the Centre reach and assist workplaces across the country.

Payments for the Centre for Workplace Leadership Fund will be made as part of Program 4.2 (Workplace Assistance) of the Department of Education, Employment and Workplace Relations described in the Education, Employment and Workplace Relations Portfolio Budget Statements 2012‑13, Budget Related Paper No 1.6 at pages 103-104.

 

Overview

The Financial Management and Accountability Amendment Regulation 2012 (No. 8) was enacted under the Financial Management and Accountability Act 1997, aiming to address the legislative gaps identified in the High Court decision in Williams v Commonwealth [2012] HCA 23. This regulation was introduced to ensure legislative authority for specified government spending activities within the Education, Employment, and Workplace Relations portfolio. The amendment was made by the Parliament of Australia through the Financial Framework Legislation Amendment Act (No. 3) 2012, establishing legislative authority in section 32B of the FMA Act for the government to spend on listed grants and programs. The policy objective is to provide the necessary legislative framework to support spending on programs aimed at improving workplace practices and assisting mature-age job seekers, thereby ensuring compliance with the financial management standards set by the FMA Act.

Scope and Application

The Financial Management and Accountability Amendment Regulation 2012 (No. 8) amends the Financial Management and Accountability Regulations 1997 to establish legislative authority for specific government spending activities within the Education, Employment and Workplace Relations portfolio. This regulation applies to FMA Act agencies, which include entities under the purview of the Financial Management and Accountability Act 1997, ensuring they have the necessary authority to carry out specific programs and payments as outlined. The geographic reach of this regulation is national, as it pertains to federal agencies across Australia. There are no stated exclusions or exemptions within the scope of this regulation; however, it is limited to FMA Act agencies and does not impact the private sector adversely. The regulation extends the application of the FMA Act through subordinate instruments by specifying legislative authority for certain spending activities, responding to the High Court decision in Williams v Commonwealth [2012] HCA 23. The regulation is compatible with human rights, as it does not engage any of the rights or freedoms outlined in the Human Rights Act and does not limit any human rights or establish new offences or penalties.

Key Provisions

The Financial Management and Accountability Amendment Regulation 2012 (No. 8) amends the Financial Management and Accountability Regulations 1997 (Principal Regulations) to update the legislative authority for government spending in the Education, Employment and Workplace Relations portfolio. This is achieved by modifying the description of an existing program (Section 3, Item 1) and introducing a new program (Section 3, Item 2) in Part 4 of Schedule 1AA. The amendment to the existing program (Section 3, Item 1) broadens the scope of the Mature-Age Participation—Job Seeker Assistance Program, which is now titled "Mature-age work participation – assistance." This program now encompasses four subprograms: Experience + Jobs Bonus, Corporate Champions, Mature Age Communications Strategy, and Mature Age Participation – Job Seeker Assistance Program. Each of these subprograms has specific funding allocations and objectives aimed at enhancing employment opportunities and workplace practices for mature-age workers. The obligations imposed by the Regulation require Chief Executives and officials of agencies governed by the Financial Management and Accountability Act 1997 (FMA Act) to adhere to the updated program descriptions and objectives. This includes ensuring that spending activities align with the legislative authority provided by the amendment. For instance, officials must ensure that payments under the Mature-Age Participation—Job Seeker Assistance Program are made in accordance with the revised objectives and subprograms outlined in the Regulation. Similarly, the establishment and funding of the Centre for Workplace Leadership Fund must be conducted within the parameters set by the new program description, ensuring that payments and activities align with the aim of improving leadership and management practices in Australian workplaces. The Regulation does not introduce new offences, penalties, or civil/criminal consequences for breaches of its provisions. Instead, any non-compliance with the updated legislative authority for spending activities would be addressed under existing provisions of the FMA Act. Under the FMA Act, breaches of financial management and accountability requirements can result in disciplinary action, financial penalties, and other consequences as prescribed by the Act. The Financial Management and Accountability Amendment Regulation 2012 (No. 8) thus serves to update the legislative framework without introducing new enforcement mechanisms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.