Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 1)

Administered by Department of Finance

Legislation au F2018L01820 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 20182019 (No. 1) (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 Australian Aged Care Quality Agency (AACQA) in relation to all functions formerly undertaken by the AACQA which will be abolished on 1 January 2019 following the commencement of the ACQSC; and

         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 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, 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 20182019 (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 repeals and substitutes section 6 of the Determination with a new section 6. The purpose of this is to insert subsection 6(2) and subsection 6(3) to section 6, and add items 4, 5 and 6 to the table in the now subsection 6(4). The remainder of the substituted section 6 was established by the Determination and remains unchanged.

2.                   Paragraph 6(2)(a) has effect as if a departmental item for the ACQSC were included in Schedule 1 to the Appropriation Act (No. 1) 20182019 within the Health Portfolio. Due to a transfer of functions from the AACQA and Health to the newly established ACQSC, this amendment determination has effect as if the ACQSC were included in the Appropriation Act (No. 1) 20182019.

3.                   Paragraph 6(4)(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(3)(a) has effect as if the following Outcome was included in Schedule 1 to the Appropriation Act (No. 1) 20182019 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.                   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 Appropriation Act (No. 1) 20182019 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

Aged Care Quality and Safety Commission

Departmental item

0.00

+24,054,000.00

+24,054,000.00

5

Australian Aged Care Quality Agency

Departmental item

0.00

-12,600,000.00

-12,600,000.00

6

Department of Health

Departmental item

0.00

-11,454,000.00

-11,454,000.00

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 2018-2019 was enacted to address the transfer of functions from the Australian Aged Care Quality Agency (AACQA) and the Department of Health to the newly established Aged Care Quality and Safety Commission (ACQSC), effective 1 January 2019. This amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, adjusts the appropriation amounts to reflect the transfer of these functions, without altering the total amount appropriated by Parliament. The determination was made by the Secretary of the Department of Finance, pursuant to the delegation of powers from the Finance Minister, as outlined in the PGPA Act. It aims to ensure that the appropriation adjustments support the ACQSC's new responsibilities in regulating and ensuring the quality and safety of aged care services. The amendment determination is designed to seamlessly integrate the functions transferred from the AACQA and the Department of Health into the ACQSC, maintaining the financial framework without disrupting the overall budget allocation.

Scope and Application

The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 is made under the authority of the Public Governance, Performance and Accountability Act 2013. It modifies the Appropriation Acts in response to the transfer of certain functions to the Aged Care Quality and Safety Commission (ACQSC) from the Australian Aged Care Quality Agency (AACQA) and the Department of Health, which took effect on 1 January 2019. The amendment determination is designed to ensure the seamless transition of funding and responsibilities from the AACQA and the Department of Health to the newly established ACQSC without altering the total amount appropriated by Parliament. This determination applies to the non-corporate Commonwealth entities involved in the transfer of functions, specifically the ACQSC, the AACQA, and the Department of Health. It operates at the national level, affecting the allocation of funds across the Commonwealth. There are no specific exclusions mentioned in the amendment, but it is limited to the scope of the functions transferred and the financial adjustments required to support this change. The determination is supported by subordinate instruments, including the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018-2019, and is subject to consultation with the affected entities, as required by the Legislation Act 2003.

Key Provisions

The main operative sections of the Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 1) (the Amendment Determination) are found under sections 6 and 7. Section 6 details the modifications to the Appropriation Acts in response to the establishment of the Aged Care Quality and Safety Commission (ACQSC). It specifies the changes to the appropriation items for the ACQSC, the Australian Aged Care Quality Agency (AACQA), and the Department of Health, ensuring that the functions transferred to the ACQSC are appropriately funded. Section 7 outlines the commencement date of the Amendment Determination, which is 1 January 2019, the same date that the ACQSC began operations under the Aged Care Quality and Safety Commission Act 2018. The Amendment Determination imposes obligations and requirements on the Finance Minister, the Secretary of the Department of Finance, and relevant officials within the Department of Finance. Under section 75 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Finance Minister has the authority to modify the Appropriation Acts to adjust appropriations in response to the transfer of functions. The Secretary of the Department of Finance has delegated this power to certain officials, who must ensure that the modifications align with the legislative intent and do not alter the total amount appropriated by Parliament. These officials are also required to consult with the affected entities, as stipulated in the Legislation Act 2003, to ensure that the amendments are appropriate and effective. Offences and penalties under the Amendment Determination are not explicitly stated, as it is a legislative instrument designed to make technical adjustments to appropriation items rather than impose new regulatory requirements. However, any breaches of the PGPA Act or other related legislation by the Finance Minister, the Secretary of the Department of Finance, or their officials in the course of implementing the Amendment Determination could result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for such breaches would be determined by the relevant legislation, such as the PGPA Act or the Public Sector Management Act 1992, and could include fines or other sanctions as prescribed by law.

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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.