FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services)

Link to law: https://www.comlaw.gov.au/Details/F2014L00390

FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health 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 aged care were transferred from the former Department of Health and Ageing (now the Department of Health) to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
 
 
 
 
Dated 8 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 2014/06 — Section 32 (Transfer of Functions from Health to Social Services).
2  Commencement
                   This Determination commences on 9 April 2014.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated to support functions moved from the former Department of Health and Ageing 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 renamed the Department of Health and Ageing as the Department of Health, and the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of Social Services.
Note 3: This Determination is the third transfer of appropriations in relation to aged care functions transferred from the former Department of Health and Ageing to the Department of Social Services. An initial transfer of appropriations occurred on 16 October 2013, under FMA Act Determination 2013/09 — Section 32 (Transfer of Functions from Health to Social Services). A second transfer of appropriations occurred on 1 December 2013, under FMA Act Determination 2013/17 — Section 32 (Transfer of Functions from Health to Social Services).
 
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.
Schedule 2 to the Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 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.
§  Department of Health includes a reference to the Department of Health and Ageing
§  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 35 for FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services)
Insert:
 22 FMA Act Determination 2014/06 — Section 32 (Transfer of Functions    from Health 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).
Amendment of appropriations in Table 36:
Amendments to appropriations are as specified in Table 36.
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 36: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Departmental item
Department of Social Services
+72,163

2
Departmental item
Department of Health
- 72,163

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 2014/06 — Section 32 (Transfer of Functions from Health 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 aged care were transferred from the former Department of Health and Ageing to the Department of Social Services.
This Determination is the third transfer of appropriations in relation to aged care functions transferred from the former Department of Health and Ageing to the Department of Social Services. An initial transfer of appropriations occurred on 16 October 2013, under FMA Act Determination 2013/09 — Section 32 (Transfer of Functions from Health to Social Services). A second transfer of appropriations occurred on 1 December 2013, under FMA Act Determination 2013/17 — Section 32 (Transfer of Functions from Health to Social Services).
2     Schedule 1, Health and Ageing portfolio, after the Department of Health and Ageing table
After Note 4, insert:
Note 5:       FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services) decreased the departmental item for the former Department of Health and Ageing by the amount specified in Table 36 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 8, insert:
Note 9:       FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services) increased 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 36 at the end of Schedule 1 to this Act.
     Schedule 2   Amendment of Appropriation Act (No. 2)          2013‑2014
1     At the end of Schedule 2, after the note to Table 13 for FMA Act Determination 2014/03 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
 
Insert:
 
9 FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services)
Schedule 2 to this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
Amendment of appropriations in Table 14:
Amendments to appropriations are as specified in Table 14.
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 14: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Other departmental item
(Equity Injections)
Department of Social Services
+13,782

2
Other departmental item
(Equity Injections)
Department of Health
-13,782

 
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 2014/06 — Section 32 (Transfer of Functions from Health 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 education were transferred from the former Department of Health and Ageing to the Department of Social Services.
This Determination is the third transfer of appropriations in relation to aged care functions transferred from the Department of Health and Ageing to the Department of Social Services. An initial transfer of appropriations occurred on 16 October 2013, under FMA Act Determination 2013/09 — Section 32 (Transfer of Functions from Health to Social Services). A second transfer of appropriations commenced on 1 December 2013, under FMA Act Determination 2013/17 — Section 32 (Transfer of Functions from Health to Social Services).
2    Schedule 2, Health and Ageing portfolio, after the Department of Health and Ageing table
Insert:
Note 1:       FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services) decreased the other departmental item (Equity Injections) for the former Department of Health and Ageing by the amount specified in Table 14 at the end of Schedule 2 to this Act.
 
 
3     Schedule 2, Families, Housing, Community Services and Indigenous Affairs portfolio, after the Department of Families, Housing, Community Services and Indigenous Affairs table
Insert:
Note 1:       FMA Act Determination 2014/06 — Section 32 (Transfer of Functions from Health to Social Services) increased the other departmental item (Equity Injections) for  the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs) by the amount specified in Table 14 at the end of Schedule 2 to this Act.
 
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