EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 4) (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 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 2018‑2019 (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 items 8 and 9 to the table in subsection 6(4) of the Determination. The item affects the relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2018‑2019 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 ($) |
8 | Department of Social Services | Administered Item, Outcome 2 | +0 | -126,000 | -126,000 |
9 | Department of the Prime Minister and Cabinet | Administered Item, Outcome 1 | +0 | +126,000 | +126,000 |
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 2018-2019 (No. 4) was enacted 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. This amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, ensures no overall change in the total amount appropriated by Parliament. The Finance Minister has the authority to make such determinations, and this power has been sub-delegated to officials within the Department of Finance, who prepared the amendment determination following consultation with the affected entities. The amendment determination modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018-2019 by adjusting appropriation items between the two departments to reflect the transfer of the National Office of Child Safety.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 pertains to adjustments in appropriations to non-corporate Commonwealth entities resulting from 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 amendment determination, made under section 75 of the Public Governance, Performance and Accountability Act 2013, ensures that the total amount appropriated by Parliament remains unchanged. The amendment determination modifies the Public Governance, Performance and Accountability (Section 75 Transfers) Determination 2018-2019 by adding specific items to the table in subsection 6(4) of the original Determination, affecting the appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2018-2019. This adjustment results in a transfer of $126,000 from the Department of Social Services to the Department of the Prime Minister and Cabinet. The amendment determination is made by officials within the Department of Finance, who have been sub-delegated this authority by the Secretary of the Department of Finance, and it does not require a Statement of Compatibility with Human Rights as it is exempt from disallowance under the PGPA Act.
Key Provisions
The amendment determination primarily modifies the appropriation amounts allocated to two non-corporate Commonwealth entities, the Department of Social Services and the Department of the Prime Minister and Cabinet, as a result of the transfer of the National Office of Child Safety (section 1). This change is reflected in item 1 of the determination, which adds items 8 and 9 to the table in subsection 6(4) of the original Determination. Specifically, the Department of Social Services has its appropriation reduced by $126,000, while the Department of the Prime Minister and Cabinet sees an equivalent increase in its appropriation (section 1).
Entities governed by the amendment determination, namely the Department of Social Services and the Department of the Prime Minister and Cabinet, must adjust their financial allocations as specified (section 1). This adjustment is necessitated by the transfer of the National Office of Child Safety, and the amendment ensures that the overall appropriation amount remains unchanged (section 1). The amendment determination requires these entities to reflect the modified appropriation amounts in their financial records and reporting mechanisms.
The amendment determination does not explicitly outline specific offences or penalties for non-compliance; however, under the Public Governance, Performance and Accountability Act 2013, non-compliance with appropriation determinations can result in civil or criminal penalties. The PGPA Act includes provisions for fines and imprisonment for serious breaches, though the exact penalties are not detailed in the amendment determination itself. It is important for the affected entities to adhere to the modified appropriation amounts as stipulated to avoid potential legal repercussions.