FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services)

EXPLANATORY STATEMENT

Financial Management and Accountability Act 1997

FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR 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.

Under the Administrative Arrangements Order, functions relating to disability employment services were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).

The Acts Interpretation (Substituted References – Section 19B) Amendment Order 2013 (No. 2) altered specific references to Departments in Appropriation Act (No. 1) 2013-2014 to reflect the Administrative Arrangements Order made on 18 September 2013. This included references to the Department of Families, Housing, Community Services and Indigenous Affairs being deemed as references to the Department of Social Services.

This Determination is the fifth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations occurred on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations occurred on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations occurred on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A fourth transfer of appropriations occurred on 11 February 2014, under FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).The further transfer of appropriations will occur in due course.

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.

The Finance Minister has delegated the power to make determinations under section 32 to the Secretary of the Department of Finance (in accordance with section 62 of the FMA Act). The Secretary has, in turn, sub‑delegated this power to certain Senior Executive Service officials within the Department of Finance (in accordance with section 53 of the FMA Act), 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, the Department of Social Services was 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: