EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (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 commencement on 1 July 2018 of the NDIS Quality and Safeguards Commission (NDISQSC) by the National Disability Insurance Scheme Act 2013 as amended by the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017
The amendment determination modifies the Appropriation Acts to support functions transferred to NDISQSC from the Department of Social Services in relation to the implementation of the NDIS Quality and Safeguarding Framework.
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 repeals and substitutes item 7 in the table in subsection 6(4) of the Determination. The item affects the relevant appropriation item 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 ($) |
7 | Department of Social Services | Departmental item | +39,155,000.00 | -2,510,461.80 | +36,644,538.20 |
2. Item 2 of the amendment determination adds item 11 to the table in subsection 6(4) of the Determination. The item affects the relevant appropriation item in Schedule 1 to the Appropriation Act (No. 1) 2018‑2019 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
11 | NDIS Quality and Safeguards Commission | Departmental item | +0.00 | +2,510,461.80 | +2,510,461.80 |
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. 6) was enacted to address the financial implications of the establishment of the NDIS Quality and Safeguards Commission (NDISQSC) by the National Disability Insurance Scheme Act 2013, as amended by the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Act 2017. This determination was introduced to ensure that the functions transferred from the Department of Social Services to NDISQSC are adequately funded under the relevant appropriation items, without altering the overall amount appropriated by Parliament. The determination is made under section 75 of the Public Governance, Performance and Accountability Act 2013, with the authority delegated by the Finance Minister to the Secretary of the Department of Finance, who subsequently sub-delegated the power to certain officials within the department. The amendment aims to support the implementation of the NDIS Quality and Safeguarding Framework by ensuring appropriate financial allocations to NDISQSC. The determination, exempt from disallowance, was developed following consultations with the affected entities, in accordance with the Legislative Act 2003.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 adjusts the appropriations of non-corporate Commonwealth entities in response to the establishment of the NDIS Quality and Safeguards Commission (NDISQSC) on 1 July 2018. This amendment determination modifies the Appropriation Acts to account for functions transferred from the Department of Social Services to the NDISQSC, relating to the implementation of the NDIS Quality and Safeguarding Framework. The amendment determination ensures that the total amount appropriated by Parliament remains unchanged. It is made under section 75 of the Public Governance, Performance and Accountability Act 2013 and comes into effect on the day after it is registered. The amendment affects specific appropriation items by decreasing the amount previously transferred by the Department of Social Services and increasing the amount allocated to the NDISQSC, ensuring alignment with the new entity's responsibilities.
Key Provisions
The main operative sections of the amendment determination (section 75 Transfers) pertain to modifications of appropriations in response to the establishment of the NDIS Quality and Safeguards Commission (NDISQSC) (section 6). These sections adjust the appropriations previously allocated to the Department of Social Services to now support the NDISQSC. Specifically, item 7 in the table of subsection 6(4) of the original determination is repealed and substituted, reducing the appropriation by the Department of Social Services and increasing it for the NDISQSC. Additionally, item 11 is introduced in the same table to reflect the new appropriation allocated to the NDISQSC.
The obligations and requirements imposed by this amendment determination primarily involve the reallocation of funds from the Department of Social Services to the NDISQSC, as mandated by the National Disability Insurance Scheme Act 2013. The amendment ensures that the total amount appropriated by Parliament remains unchanged, merely shifting the allocation to align with the new functions of the NDISQSC. This reallocation requires the entities involved to adjust their financial planning and reporting to reflect these changes accurately. The Department of Social Services must report the decrease in its appropriation, while the NDISQSC must report the increase.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the amendment determination itself. However, any failure to comply with the appropriations as adjusted by this determination could potentially lead to broader administrative or financial repercussions under the PGPA Act or other relevant legislation. For instance, non-compliance with appropriation acts can lead to breaches of the PGPA Act, which may result in various administrative or financial penalties as stipulated in that act. The exact nature and extent of these consequences would depend on the specific circumstances and the discretion of the relevant authorities.