EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017‑2018 (No. 6) (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 transfer of the National Office of Child Safety from the Department of Social Services to the Department of the Prime Minister and Cabinet.
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, 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 2017‑2018, 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 repeals and substitutes items 4 and 5 in 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) 2017‑2018 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 ($) |
4 | Department of the Prime Minister and Cabinet | Departmental item | -11,299,000 | +361,000 | -10,938,000 |
5 | Department of Social Services | Departmental item | +6,403,000 | -361,000 | +6,042,000 |
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 was enacted to address the appropriation transfers resulting from the relocation of the National Office of Child Safety from the Department of Social Services to the Department of the Prime Minister and Cabinet. This amendment determination, made under Section 75 of the Public Governance, Performance and Accountability Act 2013, ensures that the overall amount appropriated by Parliament remains unchanged. It was authorised by the Finance Minister, with the power to make such determinations delegated to the Secretary of the Department of Finance, and further sub-delegated to specific officials within the department. The amendment determination modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2017-2018, redistributing appropriations between the involved departments to reflect the transfer, while maintaining the total appropriation amount. The amendment determination does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the PGPA Act.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 6) pertains to the Public Governance, Performance and Accountability Act 2013 and is applicable to non-corporate Commonwealth entities, specifically the Department of the Prime Minister and Cabinet, and the Department of Social Services. This determination is made under section 75 of the PGPA Act, enabling the Finance Minister to adjust appropriations in response to the transfer of the National Office of Child Safety from the Department of Social Services to the Department of the Prime Minister and Cabinet. The amendment results in no overall change to the total amount appropriated by Parliament, with specific adjustments made to departmental appropriation items as detailed in the amendment determination. The amendment determination applies at the Commonwealth level, and it does not require a Statement of Compatibility with Human Rights due to its exemption from disallowance. It is also noted that consultation with the affected entities was undertaken in line with legislative requirements.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2017-2018 (No. 6) (the amendment determination) modifies appropriations for non-corporate Commonwealth entities following the transfer of the National Office of Child Safety from the Department of Social Services to the Department of the Prime Minister and Cabinet. This is done under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) to ensure that the total amount appropriated by Parliament remains unchanged. Specifically, the amendment determination affects the appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2017-2018 by adjusting the amounts allocated to the Department of the Prime Minister and Cabinet and the Department of Social Services.
The amendment determination imposes obligations on the relevant parties to ensure the proper management and allocation of the modified appropriations. The Department of the Prime Minister and Cabinet must now account for an additional $361,000, while the Department of Social Services must account for a reduction of $361,000. This adjustment aims to balance the resources between the entities without altering the overall budget allocated by Parliament. The determination specifies the exact changes to be made in the appropriation items, ensuring transparency and accountability in the transfer process.
There are no specific offences or penalties outlined in the amendment determination itself, as it is a procedural adjustment rather than a regulatory measure. However, any failure to comply with the requirements of the PGPA Act or the Appropriation Acts could potentially lead to legal consequences. For example, mismanagement of funds or non-compliance with appropriations could result in civil or criminal liability under other provisions of the PGPA Act or relevant financial management legislation. The exact penalties for such breaches would depend on the nature and severity of the offence, as outlined in the broader legislative framework.
In summary, the amendment determination under section 75 of the PGPA Act modifies appropriations for the Department of the Prime Minister and Cabinet and the Department of Social Services to reflect the transfer of the National Office of Child Safety. It imposes specific obligations on these entities to manage the adjusted appropriations correctly, with potential legal consequences for non-compliance under other relevant laws. The determination itself does not introduce new offences or penalties but ensures that the overall budget remains unchanged and appropriately allocated.