EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
PGPA Act Determination (Australian Immunisation Register Special Account 2016)— Establishment
Purpose of this determination
This determination is made under subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to establish the Australian Immunisation Register Special Account 2016 (the special account).
The special account is being established to manage contributions from the Commonwealth, States and Territories to make incentive payments to accredited vaccination providers for providing immunisation for children up to seven years of age. The Australian Immunisation Register (AIR) provides information of completed immunisation under the National Immunisation Program.
The special account is managed by the Department of Human Services, on behalf of the Department of Health.
The operating context of special accounts
A special account may be established under the PGPA Act; by a determination made by the Minister for Finance (under section 78) or by an Act ( section 80).
A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund (CRF) for spending on specified purposes. The purposes of a special account are set out in the establishing determination or Act.
In accordance with section 81 of the Constitution, all revenues or moneys raised or received by the Commonwealth Executive Government form one CRF. Section 83 of the Constitution provides that such money may not be drawn from the Treasury except under an appropriation made by law.
- A special account enables revenues or moneys raised or received to be set aside for the purposes of that special account.
- Payments made for the purposes of a special account are supported by an appropriation in the PGPA Act; subsection 78(4) for a special account established by a determination or subsection 80(1) for a special account established by an Act.
Special account determinations
Special account determinations are legislative instruments under the Legislation Act 2003. Special account determinations may be varied or revoked by a subsequent determination made in accordance with subsection 78(3) of the PGPA Act.
In accordance with subsection 79(3) of the PGPA Act, the Finance Minister must table a copy of such determinations in each House of the Parliament. Subsection 79(4) of the PGPA Act provides that special account determinations are subject to disallowance by either House of the Parliament. The disallowance period starts on the day a special account determination is tabled in the House and ends on the fifth sitting day after the determination was tabled in that House.
If neither House passes a resolution to disallow a special account determination, under subsection 79(5) it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination.
Human Rights
A Statement of Compatibility with Human Rights is not required for this 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 Legislation Act 2003. While determinations made or varied under subsections 78(1) or 78(3) of the PGPA Act are subject to disallowance under section 79 of the PGPA Act, subsection 79(2) provides that they are not subject to disallowance under section 42 of the Legislation Act 2003. As such, a Statement of Compatibility with Human Rights is not required.
Consultation
The Department of Health was consulted in the preparation of this determination.
Overview
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) was enacted by the Australian Parliament to provide a framework for the governance, performance, and accountability of Commonwealth entities. The Act aims to ensure that public resources are used efficiently and effectively, and that public sector agencies operate with transparency and integrity. One of the mechanisms established under the PGPA Act is the creation of special accounts to manage specific appropriations. In 2016, a determination was made under the PGPA Act to establish the Australian Immunisation Register Special Account 2016. This special account is intended to manage contributions from the Commonwealth, states, and territories to provide incentive payments to accredited vaccination providers for immunising children up to seven years of age, thereby supporting the National Immunisation Program. The account is managed by the Department of Human Services on behalf of the Department of Health, ensuring that funds are allocated and used specifically for the purpose of incentivising immunisation services.
Scope and Application
The Australian Immunisation Register Special Account 2016 Determination is established under the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to facilitate the management of contributions from the Commonwealth, states, and territories towards incentive payments for accredited vaccination providers. This special account is specifically intended to support immunisation services for children up to seven years of age, aligning with the objectives of the Australian Immunisation Register (AIR), which tracks completed immunisations under the National Immunisation Program. Managed by the Department of Human Services on behalf of the Department of Health, this account operates as an appropriation mechanism within the Consolidated Revenue Fund (CRF), enabling the setting aside of funds for this specified purpose. Special account determinations such as this one are legislative instruments under the Legislation Act 2003, subject to parliamentary scrutiny and disallowance provisions, although they are exempt from requiring a Statement of Compatibility with Human Rights as they are not subject to disallowance under the Legislation Act 2003. This determination is designed to support the public health objective of increasing immunisation rates among young children.
Key Provisions
This determination, made under subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), establishes the Australian Immunisation Register Special Account 2016 (subsection 78(1)). The purpose of this special account is to manage contributions from the Commonwealth, States and Territories to make incentive payments to accredited vaccination providers for providing immunisation for children up to seven years of age (paragraph (1)). The Australian Immunisation Register (AIR) plays a crucial role in providing information on completed immunisations under the National Immunisation Program. The Department of Human Services manages the special account on behalf of the Department of Health (paragraph (1)).
The special account is a specific appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund (CRF) for spending on specified purposes. This mechanism is established either by a determination made by the Minister for Finance under section 78 of the PGPA Act or by an Act under section 80 of the PGPA Act (subsection 81(1)). The purposes of a special account are outlined in the establishing determination or Act. Under section 83 of the Constitution, all revenues or moneys raised or received by the Commonwealth Executive Government form one CRF, and such moneys may not be drawn from the Treasury except under an appropriation made by law (subsection 83). A special account enables revenues or moneys raised or received to be set aside for the purposes of that special account (subsection 81(1)). Payments made for the purposes of a special account are supported by an appropriation in the PGPA Act; subsection 78(4) for a special account established by a determination or subsection 80(1) for a special account established by an Act (subsection 81(2)).
The obligations and requirements imposed by this Act on the parties or entities it governs include the management of the special account by the Department of Human Services on behalf of the Department of Health. The special account must be used strictly for the purposes outlined in the determination, which are to manage contributions from the Commonwealth, States and Territories to make incentive payments to accredited vaccination providers for providing immunisation for children up to seven years of age (paragraph (1)). The Department of Human Services is responsible for ensuring that the funds within the special account are used in accordance with these purposes. Additionally, the Finance Minister must table a copy of the special account determination in each House of the Parliament, and the determination is subject to disallowance by either House (subsections 79(3) and 79(4)). If neither House passes a resolution to disallow the determination, it comes into effect on the day immediately after the last day on which it could have been disallowed, or on a later day if specified in the determination (subsection 79(5)).
There are no offences, penalties, or civil/criminal consequences specified for breach of the provisions in this determination. However, the disallowance process provides a mechanism for oversight and accountability. If the special account is used for purposes other than those outlined in the determination, this could lead to disallowance by either House of the Parliament, preventing the misuse of funds. The special account determinations are legislative instruments under the Legislation Act 2003, and they may be varied or revoked by a subsequent determination made in accordance with subsection 78(3) of the PGPA Act (subsection 78(3)). A Statement of Compatibility with Human Rights is not required for this determination, as it is not subject to disallowance under section 42 of the Legislation Act 2003 (subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011).