EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
PGPA Act Determination (National Disability Research 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 National Disability Research Special Account 2016 (the special account).
The special account is being established to conduct research projects into disability issues relating to disability and ageing, children and young people with a disability, indigenous advocacy, indigenous cross-cultural competency and younger people with disabilities in residential aged care. All projects must be approved by Ministers in accordance with Commonwealth, State and Territory disability agreements.
This special account will sunset on 30 June 2020, by which time the remaining research projects will have concluded.
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 Social Services was consulted in the preparation of this determination.
Overview
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) was enacted to improve the accountability and transparency of public sector financial management. This Act was introduced to address the need for better governance and performance within the public sector, ensuring that public funds are used effectively and efficiently. The PGPA Act Determination (National Disability Research Special Account 2016) — Establishment, made under the authority of the Minister for Finance, establishes the National Disability Research Special Account 2016 to fund research projects focused on disability issues, including disability and ageing, children and young people with disabilities, indigenous advocacy, and younger people with disabilities in residential aged care. The special account will cease to operate by 30 June 2020, ensuring all approved research projects are completed by that date. This determination underscores the government’s commitment to evidence-based policy development in disability services, requiring ministerial approval in line with Commonwealth, State, and Territory disability agreements.
Scope and Application
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) Determination (National Disability Research Special Account 2016) — Establishment applies to the establishment of a special account within the Consolidated Revenue Fund for the purpose of conducting research projects into various disability issues. This includes disability and ageing, children and young people with a disability, indigenous advocacy, indigenous cross-cultural competency, and younger people with disabilities in residential aged care. The special account is established to enable the setting aside of funds specifically for these research projects, with all projects requiring approval from relevant Ministers in accordance with Commonwealth, State and Territory disability agreements. The special account is intended to operate until 30 June 2020, ensuring that all projects are completed by that date. The special account determinations are subject to disallowance by either House of the Parliament, and the Minister for Finance is required to table a copy of such determinations in each House of the Parliament.
Key Provisions
The key operative sections of this determination, made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), are sections 78 and 78(1) and 78(3), which establish the National Disability Research Special Account 2016 (the special account). Section 78(1) provides the authority for the Minister for Finance to establish special accounts, while section 78(3) allows for the variation or revocation of such determinations. The purpose of the special account is to conduct research into disability issues such as disability and ageing, children and young people with a disability, indigenous advocacy, indigenous cross-cultural competency, and younger people with disabilities in residential aged care. Importantly, all research projects must be approved by Ministers in accordance with relevant disability agreements.
The Act imposes specific obligations on the parties and entities it governs. The Minister for Finance, under section 78(1), is tasked with establishing the special account, which is set up to ensure funds are allocated for approved research projects. The special account is designed to sunset on 30 June 2020, ensuring that all research projects will have concluded by that date. Additionally, the special account must adhere to the conditions set out in the determination, including the requirement that all research projects are approved by the relevant Ministers in line with Commonwealth, State, and Territory disability agreements.
There are no explicit offences, penalties, or civil or criminal consequences detailed in this determination for breach of the special account's provisions. However, the determination is subject to disallowance by either House of the Parliament under subsection 79(4) of the PGPA Act, which means that if either House passes a resolution to disallow the determination, it will not come into effect. If neither House disallows the determination within the specified period, it will come into effect on the day immediately after the disallowance period ends, or on a later specified day if included in the determination. The Finance Minister is required to table a copy of the determination in each House of the Parliament under subsection 79(3) of the PGPA Act.