EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014‑2015 (No. 7) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2014‑2015 Appropriation Acts to support functions transferred from the Department of Social Security to the Administrative Appeals Tribunal (AAT) following the amalgamation of the Social Security Appeals Tribunal with the AAT on 1 July 2015.
The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014‑2015 (the Determination).
The amendment determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on 1 December 2016.
Authority for the determination
Section 75 of the PGPA Act enables the Finance Minister to determine that one or more Schedules to one or more Appropriation Acts are modified in a specified way in relation to the transfer of a function from one non-corporate Commonwealth entity to another.
Under section 107 of the PGPA Act, the Finance Minister has delegated the power to make determinations under section 75 to the Secretary of the Department of Finance. Under section 109 of the PGPA Act, the Secretary has, in turn, sub‑delegated this power to certain officials within the Department of Finance, including the official who made the determination.
The amendment determination amends Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2014‑2015, which is a legislative instrument for the purposes of section 8 of the Legislation Act 2003.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is not required for the amendment 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. A determination, including an amendment determination, under section 75 of the PGPA Act is exempt from disallowance under subsection 75(7) of the PGPA Act. As such, a Statement of Compatibility with Human Rights is not required.
Consultation
Consistent with Chapter 3, Part 1 of the Legislation Act 2003, the affected entities were consulted in the preparation of the amendment determination.
Summary of Modifications
- Items 1 and 2 of the amendment determination modify specified items in the table in subsection 5(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to Appropriation Act (No. 1) 2014‑2015 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
9 | Department of Social Services | Departmental item | -14,494,000.00 | -8,899,538.57 | -23,393,538.57 |
19 | Administrative Appeals Tribunal | Departmental item | +20,855,446.00 | +8,899,538.57 | +29,754,984.57 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
Overview
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 7) was enacted to address the transfer of functions from the Department of Social Security to the Administrative Appeals Tribunal following the amalgamation of the Social Security Appeals Tribunal with the AAT on 1 July 2015. This amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), modifies the 2014-2015 Appropriation Acts to align with this transfer without altering the overall amount appropriated by Parliament. The determination is authorised by the Finance Minister and executed by officials within the Department of Finance, who were delegated the power to make such determinations. The amendment ensures that the reallocation of funds reflects the new organisational structure, facilitating the smooth transition and integration of the transferred functions.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 7) applies to the transfer of specific functions from the Department of Social Services to the Administrative Appeals Tribunal following the amalgamation of the Social Security Appeals Tribunal with the AAT on 1 July 2015. This amendment determination modifies the 2014-2015 Appropriation Acts to reflect these changes, ensuring that the financial allocations are accurately adjusted to account for the transfer. The amendment determination does not alter the overall appropriations made by Parliament but redistributes funds between the Department of Social Services and the Administrative Appeals Tribunal as a result of the functional changes. This amendment applies nationally as it pertains to the Commonwealth government entities and their appropriations. The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and is exempt from disallowance under the PGPA Act, thus no Statement of Compatibility with Human Rights is required.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2014-2015 (No. 7) (the amendment determination) primarily modifies the 2014-2015 Appropriation Acts to account for the transfer of certain functions from the Department of Social Security to the Administrative Appeals Tribunal (AAT) (sections 1 and 2). This transfer followed the amalgamation of the Social Security Appeals Tribunal with the AAT on 1 July 2015. Specifically, the amendment determination adjusts relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2014-2015 to reflect the reallocation of resources between the two entities. Under the amendment, the Department of Social Services' departmental item is decreased by $8,899,538.57, resulting in an amended amount of -$23,393,538.57, whereas the AAT's departmental item is increased by $8,899,538.57, resulting in an amended amount of $29,754,984.57 (section 5(4)).
The amendment determination imposes specific obligations on the Department of Social Services and the AAT in relation to the reallocation of resources following the transfer of functions (section 1). It mandates that the Department of Social Services reduce its appropriation by the specified amount, and the AAT increase its appropriation by the same amount. These changes are to be reflected in the relevant schedules of the Appropriation Acts and are designed to ensure that the financial resources are correctly aligned with the new organisational structure. The determination also requires that the total amount appropriated by Parliament remains unchanged, ensuring fiscal integrity and consistency with broader budgetary constraints (section 5).
There are no direct offences, penalties, or civil or criminal consequences specified for breaches of this amendment determination within the text. However, the determination operates under the broader legislative framework of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), which includes various provisions for accountability and compliance. Breaches of the PGPA Act or related determinations could potentially lead to administrative penalties, enforcement actions, or other consequences as prescribed by the Act or other relevant legislation. The specific penalties would depend on the nature and severity of the breach and the applicable provisions of the PGPA Act or other relevant laws (section 75(7)).