PGPA Act Determination (National Disability Research Special Account 2020)

Administered by Department of Finance

Legislation au F2020L00784 In force Legislative Instrument

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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 2020)

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 Research Disability Special Account 2020 (the special account) for the Department of Social Services (the Department).

The special account is being established to allow the Department to continue conducting 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.

The special account will replace the National Disability Research Special Account 2016 (the 2016 special account), which was originally due to cease on 30 June 2020. The cessation date for the 2016 special account was deferred, under Schedule 16 to the Coronavirus Economic Response Package Omnibus Act 2020, to enable a determination to be made to establish a new special account.

Once the special account is established, the legislative instrument establishing the 2016 special account will be repealed and an amount equivalent to the amount standing to the credit of that account immediately before the repeal will be credited to the special account as its opening balance. This will allow amounts to continue to be spent to conduct projects for research into disability issues of national significance for the purposes of agreements between the Commonwealth, States and Territories

This special account will cease on 30 June 2021, by which time it is expected that the remaining research projects will have concluded.

The operating context of special accounts

A special account may be established by a determination made by the Minister for Finance (under section 78 of the PGPA Act) or by an Act (see section 80 of the PGPA Act).

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.
Expenditure for the purposes of a special account is 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 for the purposes of 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 of the House 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 commences 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. This determination does not specify a later day.

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 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 financial management and accountability in Commonwealth entities. The Act was introduced to address the need for more robust governance and performance frameworks within the public sector, ensuring that government resources are used effectively and efficiently, and that public accountability is enhanced. This determination, made under subsections 78(1) and 78(3) of the PGPA Act, establishes the National Disability Research Special Account 2020 to replace the 2016 special account. The purpose of this special account is to facilitate the continuation of critical research projects into various disability issues, in line with agreements between the Commonwealth, States, and Territories. The special account will operate until 30 June 2021, ensuring that ongoing research efforts can be supported until the projects are concluded.

Scope and Application

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) Determination (National Disability Research Special Account 2020) establishes a special account to facilitate the continuation of research projects into disability issues, including 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. This special account is intended for use by the Department of Social Services, and all projects must be approved by relevant Ministers in line with Commonwealth, State and Territory disability agreements. This determination replaces the National Disability Research Special Account 2016 and will cease operation on 30 June 2021, aligning with the expected conclusion of the research projects. The special account is an appropriation mechanism within the Consolidated Revenue Fund, enabling funds to be set aside for specified purposes. The establishment of this special account is authorised by the PGPA Act and is subject to disallowance by either House of the Parliament. The determination does not require a Statement of Compatibility with Human Rights as it is not subject to disallowance under the Legislation Act 2003.

Key Provisions

The key operative sections of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) Determination (National Disability Research Special Account 2020) (F2020L00784) establish a new special account for the Department of Social Services to continue conducting research projects on disability issues (subsection 78(1)). This special account replaces the National Disability Research Special Account 2016, which was due to cease on 30 June 2020 but had its cessation deferred by the Coronavirus Economic Response Package Omnibus Act 2020. The new special account is set to operate until 30 June 2021. The special account determination imposes specific obligations on the Department of Social Services. It requires that all research projects conducted under the special account must be approved by Ministers, in line with Commonwealth, State, and Territory disability agreements. This ensures that the research aligns with broader disability policies and agreements across different jurisdictions. The special account is also mandated to cease operation by 30 June 2021, ensuring that the funding is used within a specific timeframe. Breach of the provisions set out in this determination can result in various consequences. While specific penalties are not detailed in the determination itself, the PGPA Act generally provides for civil and criminal penalties for breaches of its provisions. These can include fines and imprisonment, depending on the severity of the breach and the specific provisions violated. The PGPA Act also allows for the disallowance of the special account determination by either House of the Parliament within a specified period, which could halt the operation of the special account if not approved. In terms of civil or criminal consequences, the PGPA Act allows for enforcement actions against those who misuse funds or fail to comply with the terms of the special account. This includes potential legal action to recover misused funds or to impose penalties on individuals or entities that breach the terms of the account. The specific penalties would be determined based on the nature and extent of the breach, but could include financial penalties or other sanctions as prescribed by law.

Area of Law: Finance & Banking Law
Instrument: Statutory Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Enforcement Powers

Interactions

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.

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