Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 5)

Administered by Department of Finance

Legislation au F2019L00310 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Public Governance, Performance and Accountability Act 2013

Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 20172018 (No. 5) (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 to the ACQSC from the Department of Health in relation to aged care complaints.

The amendment determination results in no change to the total amount appropriated by Parliament.

Commencement

The amendment determination commences on the day after it is registered.

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, subdelegated 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 20172018, 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 paragraphs 6(2)(e) and 6(2)(f) to subsection 6(2) of the Determination.

2.                   Paragraph 6(2)(e) has effect as if a departmental item for the ACQSC were included in Schedule 1 to the Appropriation Act (No. 1) 20172018 within the Health Portfolio. Due to a transfer of functions from the Australian Aged Care Quality Agency and Health to the newly established ACQSC, this amendment determination has effect as if the ACQSC were included in the Appropriation Act (No. 1) 20172018.

3.                   Paragraph 6(3)(b) of the amendment determination then establishes that this departmental item for the ACQSC which has effect because of this amendment determination, commences as a nil amount.

4.                   Paragraph 6(2)(f) has effect as if the following Outcome was included in Schedule 1 to the Appropriation Act (No. 1) 20172018 for the ACQSC:

Outcome 1

Protect and enhance the safety, health, wellbeing and quality of life of aged care consumers, including through effective engagement with them, regulation and education of Commonwealth-funded aged care service providers and resolution of aged care complaints

 

5.                   Item 2 of the amendment determination repeals and substitutes item 26 in the table in subsection 6(3) of the Determination. The item affects the relevant appropriation item in Schedule 1 to the Appropriation Act (No. 1) 20172018 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 ($)

26

Department of Health

Departmental item

-7,529,000.00

-4,893,000.00

-12,422,000.00

Note: A positive amount reflects an increase in an appropriation item and a negative amount reflects a decrease in an appropriation item.

6.                   Item 3 of the amendment determination adds item 27 to the table in subsection 6(3) of the Determination. The item affects the relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 20172018 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 ($)

27

Aged Care Quality and Safety Commission

Departmental item

0.00

+4,893,000.00

+4,893,000.00

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 2017-2018 (No. 5) was enacted to address the appropriation of funds following the establishment of the Aged Care Quality and Safety Commission (ACQSC) on 1 January 2019. This amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, modifies the Appropriation Acts to support functions transferred to the ACQSC from the Department of Health, specifically concerning aged care complaints. The amendment ensures no change to the total amount appropriated by Parliament. The determination was issued by the Secretary of the Department of Finance, who was delegated this power under section 107 of the PGPA Act, and is effective from the day after registration. The policy objective is to align funding with the new responsibilities of the ACQSC, ensuring that the transition of aged care complaints management is financially supported without altering the overall budget allocated by Parliament.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 applies to non-corporate Commonwealth entities involved in the transfer of aged care complaints functions from the Department of Health to the newly established Aged Care Quality and Safety Commission (ACQSC). This amendment determination modifies the Appropriation Acts to reflect these changes, ensuring that the total amount appropriated by Parliament remains unchanged. It is a Commonwealth instrument and applies nationally across Australia. The amendment determination specifies no exclusions but makes adjustments to appropriations, including adding the ACQSC as a departmental item within the Health Portfolio and reallocating specific funds between the Department of Health and the ACQSC. The amendment determination does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the PGPA Act. The Finance Minister, under section 75 of the PGPA Act, authorised this amendment, delegating the power to make such determinations to certain officials within the Department of Finance.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 5) (the amendment determination) include section 6(2), which adds specific paragraphs to reflect the Aged Care Quality and Safety Commission (ACQSC) in the Appropriation Act (No. 1) 2017-2018, and section 6(3), which modifies the appropriations previously allocated to the Department of Health and now transferred to the ACQSC. Specifically, section 6(2)(e) includes the ACQSC as if it were part of the Health Portfolio, while section 6(2)(f) adds an outcome for the ACQSC related to protecting and enhancing the safety and wellbeing of aged care consumers. Section 6(3) then adjusts the appropriations, with the Department of Health’s appropriation item reduced by $4,893,000.00, and an equivalent amount added to the ACQSC's appropriation item, effectively transferring these funds from one entity to the other without altering the total amount appropriated by Parliament. The amendment determination imposes certain obligations and requirements on the entities it governs. For the Department of Health, it mandates the reduction of its departmental appropriation by $4,893,000.00. For the ACQSC, it requires the acceptance and management of the transferred funds, ensuring they are utilised for the specified outcome of protecting and enhancing the safety, health, wellbeing, and quality of life of aged care consumers. The amendment determination also necessitates that these changes are reflected in the relevant appropriation schedules, ensuring that the financial records accurately reflect the transfers and adjustments. The amendment determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, as it primarily focuses on administrative adjustments to appropriations in response to the transfer of functions. However, failure to comply with the provisions of the PGPA Act or the terms of the amendment determination could potentially lead to broader accountability and governance issues under the Act, including scrutiny by the Auditor-General and other oversight mechanisms. The overall compliance with the PGPA Act and its determinations is crucial to avoid any adverse implications on the financial management and governance of the Commonwealth entities involved.

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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.