FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services)

Link to law: https://www.comlaw.gov.au/Details/F2014L00376

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FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services)
Financial Management and Accountability Act 1997
I, ALAN GREENSLADE, First Assistant Secretary, Financial Analysis, Reporting and Management, Department of Finance, make this Determination under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), as a delegate of the Secretary of the Department of Finance. The Secretary has been delegated powers under section 32 by the Finance Minister.
This Determination is made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to disability employment services were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
 
 
 
 
Dated 1 April 2014
 
 
 
 
 
ALAN GREENSLADE
First Assistant Secretary
Financial Analysis, Reporting and Management
Department of Finance
 
1  Name of Determination
                   This Determination is the FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services).
2  Commencement
                   This Determination commences on 1 April 2014.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated to support functions moved from the Department of Education, Employment and Workplace Relations to the Department of Social Services, consistent with the Administrative Arrangements Order made on 18 September 2013.
Note 1: This Determination has been made under section 32 of the FMA Act by a delegate of the Secretary of the Department of Finance. The Finance Minister has delegated power under section 32 to the Secretary (in accordance with section 62 of the FMA Act), who has sub-delegated that power to the signatory of this Determination (in accordance with section 53 of the FMA Act).
Note 2: On 18 September 2013, the Governor-General in Council acting on the Prime Minister’s recommendation under section 64 of the Constitution:
·         abolished the Department of Education, Employment and Workplace Relations; and
·         renamed the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of Social Services.
Note 3: This Determination is the fifth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations occurred on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations occurred on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations occurred on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A fourth transfer of appropriations occurred on 11 February 2014, under FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
4  Amendment of Appropriation Act
                   Schedule 1 to the Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.
5  Definitions
                   In this Determination, unless the contrary intention appears:
§  Department of Social Services includes a reference to the Department of Families, Housing, Community Services and Indigenous Affairs.
§  FMA Act means the Financial Management and Accountability Act 1997.
Schedule 1   Amendment of Appropriation Act (No. 1) 2013‑2014
1     At the end of Schedule 1, after the note to Table 33 for FMA Act Determination 2014/04 — Section 32 (Transfer of Functions from Immigration to Social Services)
Insert:
21  FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services)
Schedule 1 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
 
New Outcome in Table 34: A new Outcome 11 is created for the Department of Social Services (Social Services), which is set out at Table 34. The amount appropriated to Outcome 11 for Social Services may be applied for the purpose of undertaking the activities, to the extent that those activities relate to disability employment services, indicated in the Portfolio Additional Estimates Statements for 2013‑2014 of Social Services.
Amendment of appropriations in Table 35:
Amendments to appropriations are as specified in Table 35. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.
Table 34: New Outcome for the Department of Social Services
 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF SOCIAL SERVICES
 
 
 

Outcome 11 ‑
Improved employment, participation and skills development through direct financial support to people of working age and students that encourages workforce participation and training and the funding of disability employment services for people with disability
0
0
0

 
Table 35: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Administered item, Outcome 11
Department of Social Services
+196,099

2
Administered item, Outcome 3
Department of Education, Employment and Workplace Relations
-196,099

3
Departmental item
Department of Social Services
+12,000

4
Departmental item
Department of Education, Employment and Workplace Relations
-12,000
 

Note:          Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services) affects this Act in a specified way to result in no change to the total amount appropriated.
Due to a change to the Administrative Arrangements Order made on 18 September 2013, functions relating to disability employment services were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
This Determination is the fifth transfer of appropriations in relation to the abolition of the Department of Education, Employment and Workplace Relations. An initial transfer of appropriations occurred on 18 September 2013, under FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A second transfer of appropriations occurred on 1 December 2013, under FMA Act Determination 2013/19 — Section 32 (Transfer of Functions from DEEWR to PM&C). A third transfer of appropriations occurred on 13 December 2013, under FMA Act Determination 2013/20 — Section 32 (Transfer of Functions from DEEWR to Education and Employment). A fourth transfer of appropriations occurred on 11 February 2014, under FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
2     Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
After Note 4, insert:
Note 5:       FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services) decreased the administered item for Outcome 3 and the departmental item for the former Department of Education, Employment and Workplace Relations by the amounts specified respectively in Table 35 at the end of Schedule 1 to this Act.
3     Schedule 1, Families, Housing, Community Services and Indigenous Affairs portfolio, after the Department of Families, Housing, Community Services and Indigenous Affairs table
 
After Note 7, insert:
Note 8:       FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services) created a new Outcome 11 for the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs) which is set out in Table 34 at the end of Schedule 1 to this Act.
Additionally, the Determination increased the administered item for Outcome 11 and the departmental item for the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs) by the amount specified in Table 35 at the end of Schedule 1 to this Act.