EXPLANATORY STATEMENT
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018‑2019 (No. 9) (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 Administrative Arrangements Order made on 29 May 2019.
The amendment determination modifies the 2018‑19 Appropriation Acts to support the transfer of responsibility for the adult migrant education function from the Department of Education to the Department of Home Affairs.
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 paragraph 6(3)(b) to subsection 6(3) of the Determination.
2. Paragraph 6(3)(b) has effect as if Outcome 2 for the Department of Home Affairs in Schedule 1 to the Appropriation Act (No. 1) 2018‑2019 was modified. This reflects the transfer of the adult migrant education function from the Department of Education and the transfer of the settlement services for refugees and humanitarian migrants from the Department of Social Services.
3. Item 2 of the amendment determination repeals and substitutes items 3 and 10 in the table in subsection 6(4) of the Determination. The items affect 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 ($) |
3 | Department of Home Affairs | Departmental item | +3,478,579.00 | +674,498.60 | +4,153,077.60 |
10 | Department of Education | Departmental item | -14,786,159.03 | -674,498.60 | -15,460,657.63 |
4. Item 3 of the amendment determination adds items 12 and 13 to the table in subsection 6(4) of the Determination. The items affect relevant appropriation items in Schedule 1 to the Appropriation Act (No. 1) 2018‑2019 in the following way:
Item | Entity | Appropriation item | Amount previously transferred by the Determination ($) | Amount transferred by the amendment determination ($) | Amended amount transferred by the Determination ($) |
12 | Department of Education | Administered item, Outcome 2 | 0.00 | -32,720,248.24 | -32,720,248.24 |
13 | Department of Home Affairs | Administered item, Outcome 2 | 0.00 | +32,720,248.24 | +32,720,248.24 |
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. 9) was enacted to address the reallocation of functions between non-corporate Commonwealth entities in response to an Administrative Arrangements Order. This amendment determination modifies the 2018-19 Appropriation Acts to support the transfer of responsibility for the adult migrant education function from the Department of Education to the Department of Home Affairs. The purpose of this adjustment is to ensure that the reallocation of functions does not result in any change to the total 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 certain officials within the Department of Finance. The amendment determination reflects the transfer of the adult migrant education function from the Department of Education and the transfer of the settlement services for refugees and humanitarian migrants from the Department of Social Services, ensuring the appropriate appropriations are adjusted accordingly.
Scope and Application
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 applies to the appropriation of funds between non-corporate Commonwealth entities, specifically relating to the transfer of the adult migrant education function from the Department of Education to the Department of Home Affairs. The amendment determination modifies the 2018-19 Appropriation Acts, ensuring that the overall appropriations made by Parliament remain unchanged despite the reallocation of funds between the two departments. The amendment determination is a legislative instrument made under section 75 of the Public Governance, Performance and Accountability Act 2013, which enables the Finance Minister to adjust appropriations for the transfer of a function from one non-corporate Commonwealth entity to another. This determination is part of the broader administrative arrangements and does not require a Statement of Compatibility with Human Rights, as it is exempt from disallowance under the PGPA Act. The amendment determination reflects consultations with the affected entities as required by the Legislation Act 2003.
Key Provisions
The Public Governance, Performance and Accountability (Section 75 Transfers) Amendment Determination 2018-2019 (No. 9) modifies the 2018-19 Appropriation Acts to support the transfer of responsibility for the adult migrant education function from the Department of Education to the Department of Home Affairs, without changing the total amount appropriated by Parliament. This determination adds and substitutes items in the relevant schedules of the Appropriation Acts, adjusting appropriations for the specified entities to reflect their new responsibilities (section 1). The amendment determination introduces paragraph 6(3)(b) to subsection 6(3) of the Determination, modifying Outcome 2 for the Department of Home Affairs in Schedule 1 to the Appropriation Act (No. 1) 2018-2019 (section 2). It also adjusts the transfer amounts for departmental items between the Department of Home Affairs and the Department of Education, ensuring that the total appropriation remains unchanged (section 3). Additionally, the determination adds new items to the table in subsection 6(4) of the Determination, affecting administered items related to Outcome 2 for both departments (section 4).
The amendment determination imposes obligations on the Department of Home Affairs and the Department of Education to ensure that their budgets are adjusted in accordance with the provisions of the determination. Specifically, the Department of Home Affairs must account for the additional funds transferred to it, while the Department of Education must reflect the decreased appropriations in their financial planning and management. This adjustment ensures that both entities can effectively manage their new responsibilities without exceeding their allocated appropriations.
Under the Public Governance, Performance and Accountability Act 2013, breaches of the provisions in the amendment determination could lead to legal consequences. While specific offences and penalties are not detailed in the explanatory statement, violations of the PGPA Act generally may result in civil or criminal penalties, depending on the nature and severity of the breach. The Finance Minister, under section 75 of the PGPA Act, has the authority to make such determinations, and the Secretary of the Department of Finance has the power to enforce compliance with these provisions. Therefore, non-compliance with the requirements set out in the amendment determination could result in legal action, including potential fines or other penalties as stipulated by the PGPA Act.