Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 2)

Overview

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 2) was enacted to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016, which itself is part of the broader Public Governance, Performance and Accountability Act 2013. The primary purpose of the amendment determination is to adjust appropriations to various non-corporate Commonwealth entities in response to the Administrative Arrangements Order made on 30 September 2015. This adjustment ensures that the transfer of specific functions between departments, such as from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet, is supported by the appropriate financial allocations without altering the overall amount appropriated by Parliament. The amendment determination was made under the authority of section 75 of the PGPA Act and was enacted to ensure that the reallocation of functions and appropriations reflects the current administrative arrangements, thereby maintaining alignment with the government's policy objectives and efficient public governance.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2015-2016 (No. 2) amends the primary determination made under section 75 of the Public Governance, Performance and Accountability Act 2013 to adjust appropriations to non-corporate Commonwealth entities, in response to the Administrative Arrangements Order made on 30 September 2015. This amendment determination modifies the Appropriation Act (No. 1) 2015-2016 to support functions transferring between certain departments, including from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet, from the Department of the Environment to the Department of Agriculture and Water Resources, from the Department of Finance to the Digital Transformation Office, from the Department of Human Services to the Department of Health, and from the Department of Infrastructure and Regional Development to the Department of Industry, Innovation and Science. The amendment determination ensures that there is no change to the total amount appropriated by Parliament. The determination commences on 11 November 2015 and is made under the authority of section 75 of the PGPA Act, with the power delegated by the Finance Minister to the Secretary of the Department of Finance and sub-delegated to certain officials within the Department of Finance. The amendment determination applies to the specified non-corporate Commonwealth entities and the appropriations affected by the transfers outlined in the Administrative Arrangements Order. The amendment determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003, and as it is exempt from disallowance under the PGPA Act, a Statement of Compatibility with Human Rights is not required. The affected entities were consulted in the preparation of the amendment determination, consistent with Part 3 of the Legislative Instruments Act 2003. The amendment determination modifies and adds items in the table in subsection 6(3) of the primary determination to reflect the transfer of appropriations between entities, ensuring that the total amount appropriated by Parliament remains unchanged.

Key Provisions

The amendment determination (F2015L01780) modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2015-2016, adjusting appropriations in response to the Administrative Arrangements Order made on 30 September 2015. This determination, which commenced on 11 November 2015, involves reallocating appropriations between certain departments without altering the total amount appropriated by Parliament. Specifically, the amendment determination transfers appropriations from the Department of Communications and the Arts to the Department of the Prime Minister and Cabinet for whole-of-government service delivery policy, from the Department of the Environment to the Department of Agriculture and Water Resources concerning water policy and resources, from the Department of Finance to the Digital Transformation Office for public data policy, from the Department of Human Services to the Department of Health for Medicare provider compliance, and from the Department of Infrastructure and Regional Development to the Department of Industry, Innovation and Science for Northern Australia policy and coordination. The amendment determination imposes specific obligations on the affected entities to ensure the smooth transfer of appropriations. Each department involved must accurately reflect the new appropriation amounts in their respective budgets and financial records. This includes updating financial systems, preparing necessary documentation, and ensuring compliance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The entities must also ensure that the reallocation does not affect the overall appropriation limit set by Parliament, thereby maintaining fiscal integrity. Breaches of the obligations outlined in the amendment determination could have significant legal ramifications. While the determination itself does not explicitly outline penalties for non-compliance, failure to adhere to the appropriations adjustments could lead to broader legal and administrative consequences under the PGPA Act. This might include financial penalties, audits, or other corrective measures to ensure compliance with the legislative requirements. The overarching legal framework, including the PGPA Act and related legislation, provides the necessary authority to enforce compliance and address any breaches that may occur.