EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2016‑2017 (No. 5) (the amendment determination)
Purpose of the determination
The amendment determination modifies the 2016‑2017 Appropriation Acts to support functions transferred from:
the Fair Work Commission (FWC) to the Fair Work Ombudsman and Registered Organisations Commission Entity (FWOROCE) in relation to a suite of registered organisations matters formerly undertaken by the FWC; and
the Office of the Fair Work Ombudsman (OFWO) to FWOROCE in relation to all functions formerly undertaken by the OFWO.
The Public Governance, Performance and Accountability Amendment (Fair Work Ombudsman and Registered Organisations Commission Entity) Rules 2017 adds a new listed entity, the FWOROCE, to Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 and repeals the listing for OFWO, both commencing 1 May 2017, for purposes of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
The amendment determination is made under section 75 of the PGPA Act to amend the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2016‑2017 (the Determination).
The amendment determination results in no change to the total amount appropriated by Parliament.
Commencement
The amendment determination commences on 1 May 2017.
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 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 modifies the definition of Appropriation Act, in section 4 of the Determination, to include all 2016‑2017 Appropriation Acts to date.
2. Item 2 of the amendment determination repeals and substitutes section 6 of the Determination with a new section 6. The purpose of this is to add paragraph 6(2)(a) and paragraph 6(3)(b) to section 6, and add items 7 and 8 to the table in subsection 6(4). The remainder of the substituted section 6 was established by the Determination or previous amendment determinations, and remains unchanged.
3. Paragraph 6(2)(a) has effect as if a departmental item for the FWOROCE were included in Schedule 1 to the Supply Act (No. 1) 2016‑2017 within the Employment Portfolio. Due to a transfer of functions from the OFWO to the newly established FWOROCE, this amendment determination has effect as if the FWOROCE were included in the Supply Act (No. 1) 2016‑2017.
4. Paragraph 6(3)(b) has effect as if the following Outcome was included in Schedule 1 for the FWOROCE:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
5. Paragraph 6(4)(b) of the amendment determination then establishes that the departmental item established in paragraph 6(2)(a) for the FWOROCE, which has effect because of this amendment determination, commences as a nil amount.
6. Items have been added to the table in subsection 6(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Supply Act (No. 1) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
7 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | 0.00 | +11,197,259.11 | +11,197,259.11 |
8 | Office of the Fair Work Ombudsman | Departmental item | 0.00 | -11,197,259.11 | -11,197,259.11 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
7. Item 3 of the amendment determination adds paragraph 7(2)(b) which has effect as if a departmental item for the FWOROCE were included in Schedule 1 to the Appropriation Act (No. 1) 2016‑2017 within the Employment Portfolio. Due to a transfer of functions from OFWO to the newly established FWOROCE, this amendment determination has effect as if the FWOROCE were included in the Appropriation Act (No. 1) 2016‑2017.
8. Subsection 7(4) of the amendment determination then establishes that this departmental item for the FWOROCE, which has effect because of this amendment determination, commences as a nil amount.
9. Item 4 of the amendment determination adds paragraph 7(3)(b) which has effect as if the following Outcome was included in Schedule 1 for the FWOROCE:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
10. Item 5 of the amendment determination adds items to the table in subsection 7(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
8 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | 0.00 | +63,376,068.05 | +63,376,068.05 |
9 | Office of the Fair Work Ombudsman | Departmental item | 0.00 | -61,149,068.05 | -61,149,068.05 |
10 | Fair Work Commission | Departmental item | 0.00 | -2,227,000.00 | -2,227,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
11. Item 6 of the amendment determination adds section 8 that applies to appropriation items in Schedule 2 to the Appropriation Act (No. 2) 2016‑2017 and adds section 9 that applies to appropriation items in Schedule 1 to the Appropriation Act (No. 3) 2016‑2017.
12. Paragraph 8(2)(a) has effect as if an other departmental item for the FWOROCE were included in Schedule 2 to the Appropriation Act (No. 2) 2016‑2017 within the Employment Portfolio. Due to a transfer of functions from the OFWO to the newly established FWOROCE, this amendment determination has effect as if the FWOROCE were included in the Appropriation Act (No. 2) 2016‑2017.
13. Subsection 8(3) of the amendment determination then establishes that this other departmental item for the FWOROCE, which has effect because of this amendment determination, commences as a nil amount.
14. The table at subsection 8(3) affects relevant appropriation items in Schedule 2 to the Appropriation Act (No. 2) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
1 | Fair Work Ombudsman and Registered Organisations Commission Entity | Other departmental item (Equity Injections) | 0.00 | +150,000.00 | +150,000.00 |
2 | Office of the Fair Work Ombudsman | Other departmental item (Equity Injections) | 0.00 | -150,000.00 | -150,000.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.
15. Paragraph 9(2)(a) has effect as if a departmental item for the FWOROCE were included in Schedule 1 to the Appropriation Act (No. 3) 2016‑2017 within the Employment Portfolio. Due to a transfer of functions from the OFWO to the newly established FWOROCE, this amendment determination has effect as if the FWOROCE were included in the Appropriation Act (No. 3) 2016‑2017.
16. Subsection 9(4) of the amendment determination then establishes that this departmental item for the FWOROCE, which has effect because of this amendment determination, commences as a nil amount.
17. Paragraph 9(3)(a) has effect as if the following Outcome was included in Schedule 1 for the FWOROCE:
Outcome 1
Compliance with workplace relations legislation by employees and employers through advice, education and where necessary enforcement
18. The table at subsection 9(4) affects relevant appropriation items in Schedule 1 to the Appropriation Act (No. 3) 2016‑2017 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Transfer Increase (+) / decrease (-) ($) | Amended amount transferred by the Determination ($) |
1 | Fair Work Ombudsman and Registered Organisations Commission Entity | Departmental item | 0.00 | +6,181.00 | +6,181.00 |
2 | Office of the Fair Work Ombudsman | Departmental item | 0.00 | -6,181.00 | -6,181.00 |
Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.