EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 11) (the amendment determination)
Purpose of the determination
The amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), to adjust amounts appropriated to non-corporate Commonwealth entities, in response to the commencement on 1 January 2019 of the Aged Care Quality and Safety Commission (ACQSC) on commencement of the Aged Care Quality and Safety Commission Act 2018.
The amendment determination modifies the Appropriation Acts to support functions transferred from the Australian Aged Care Quality Agency (AACQA) to the ACQSC in relation to all functions formerly undertaken by the AACQA which will be abolished on 1 January 2019 following the commencement of the ACQSC.
The amendment determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on 1 January 2019.
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 the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017 (the Determination), 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
1. Item 1 of the amendment determination adds subsection 11(1A) to section 11 of the Determination.
2. Paragraph 11(1A)(a) has effect as if an other departmental item for the Aged Care Quality and Safety Commission were included in Schedule 2 to the Appropriation Act (No. 4) 2016‑2017 within the Health Portfolio. Due to the establishment of the Aged Care Quality and Safety Commission and the transfer of all functions to it from the Australian Aged Care Quality Agency, this amendment determination has effect as if the Aged Care Quality and Safety Commission were included in the Appropriation Act (No. 4) 2016‑2017.
3. Paragraph 11(2)(b) of the amendment determination then establishes that this other departmental item for the Aged Care Quality and Safety Commission, which has effect because of this amendment determination, commences as a nil amount.
4. Item 2 of the amendment determination adds items 3 and 4 to the table in subsection 11(2) of the Determination. The item affects the relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
3 | Aged Care Quality and Safety Commission | Other departmental item (Equity Injections) | 0.00 | +17,737,592.00 | +17,737,592.00 |
4 | Australian Aged Care Quality Agency | Other departmental item (Equity Injections) | 0.00 | -17,737,592.00 | -17,737,592.00 |
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 2016-2017 (No. 11) was enacted to address the transfer of functions from the Australian Aged Care Quality Agency (AACQA) to the Aged Care Quality and Safety Commission (ACQSC) upon the ACQSC's commencement on 1 January 2019. This amendment determination was made under section 75 of the Public Governance, Performance and Accountability Act 2013 by the Finance Minister, with the power delegated to the Secretary of the Department of Finance and further sub-delegated to relevant officials within the Department of Finance. The primary objective of the determination is to adjust the amounts appropriated to non-corporate Commonwealth entities to support the functions transferred from the AACQA to the ACQSC, ensuring a seamless transition while maintaining the total amount appropriated by Parliament. This legislative instrument was developed through consultation with the affected entities and is exempt from disallowance under the PGPA Act, hence a Statement of Compatibility with Human Rights is not required.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 applies to the appropriation of funds between non-corporate Commonwealth entities, specifically relating to the transfer of functions from the Australian Aged Care Quality Agency (AACQA) to the Aged Care Quality and Safety Commission (ACQSC). This amendment determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and is designed to ensure that the transfer of functions from the AACQA to the ACQSC on 1 January 2019 is reflected in the appropriation of funds. The amendment determination results in no overall change to the total amount appropriated by Parliament but redistributes the funds previously allocated to the AACQA to the ACQSC. The amendment determination applies nationally as it pertains to Commonwealth entities, which operate across Australia. The determination does not include any specific exclusions or exemptions and operates as a direct modification of the Appropriation Acts to reflect the transfer of functions. Any further extensions or restrictions to the application of this determination would be managed through additional subordinate instruments made under the authority of the Public Governance, Performance and Accountability Act 2013.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016-2017 (No. 11) (the amendment determination) amends the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016-2017 to adjust the appropriations to non-corporate Commonwealth entities in response to the establishment of the Aged Care Quality and Safety Commission (ACQSC) on 1 January 2019. This adjustment includes the transfer of all functions from the Australian Aged Care Quality Agency (AACQA) to the ACQSC, which will be abolished on the same date (sections 1 and 2).
The amendment determination modifies the Appropriation Acts to reflect the transfer of functions from the AACQA to the ACQSC. Specifically, it adds subsection 11(1A) to section 11 of the Determination, which has the effect of including an "other departmental item" for the ACQSC in Schedule 2 to the Appropriation Act (No. 4) 2016-2017 within the Health Portfolio (section 1(1)). Additionally, it establishes that this item for the ACQSC commences as a nil amount (section 1(3)). The amendment determination also adjusts the relevant appropriation items in Schedule 2 to the Appropriation Act (No. 4) 2016-2017 by transferring $17,737,592.00 from the AACQA to the ACQSC (section 1(2)).
The amendment determination imposes no new obligations or requirements on the parties or entities it governs. However, it does modify the appropriation items within the Appropriation Act (No. 4) 2016-2017 to reflect the transfer of functions from the AACQA to the ACQSC. The determination ensures that the total amount appropriated by Parliament remains unchanged, as the transfer of funds from the AACQA to the ACQSC is a re-allocation within the same appropriation (section 1).
The amendment determination does not include any offences or penalties for breach. However, it is important to note that any unauthorised modification of the Appropriation Acts could potentially lead to legal consequences under the PGPA Act. The amendment determination is exempt from disallowance under section 75(7) of the PGPA Act, meaning that a Statement of Compatibility with Human Rights is not required. The determination was prepared in consultation with the affected entities, as required under the Legislation Act 2003 (sections 3 and 4).