FMA Act Determination 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and Social Services)

Link to law: https://www.comlaw.gov.au/Details/F2014L00905

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FMA Act Determination 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and 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 delegate of the Secretary of the Department of Finance, who, in turn, is a delegate of the Finance Minister.
 
This Determination is made in response to the Administrative Arrangements Order, made on 18 September 2013. The Department of Education, Employment and Workplace Relations (DEEWR) has been abolished and its functions were transferred:
·         in relation to employment, to the Department of Employment (Employment);
·         in relation to disability employment services, to the Department of Social Services (Social Services).
 
 
 
 
 
 
Dated 26 June 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 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and Social Services).
2  Commencement
                   This Determination commences on 30 June 2014.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated to support functions transferred to the Department of Employment and the Department of Social Services, from the former Department of Education, Employment and Workplace Relations, 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 Secretary is a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary has, in turn, 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.
Note 3: This Determination is the seventh 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). A fifth transfer of appropriations occurred on 1 April 2014, under FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services). A sixth transfer of appropriations occurred on 2 May 2014, under FMA Act Determination 2014/11 — Section 32 (Transfer of Functions from DEEWR to PM&C, Education, Employment and Social Services).
4  Amendment of Appropriation Act
                   Schedule 1 of 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,        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 40 for FMA Act Determination 2014/11— Section 32 (Transfer of Functions from DEEWR to PM&C, Education, Employment and Social Services)
Insert:
   27  FMA Act Determination 2014/12— Section 32 (Transfer of Functions from DEEWR to Employment and 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 41:
Amendments to appropriations are as specified in Table 41.
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 41: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 1
Department of Employment
+44,024

2
Administered item, Outcome 3
Department of Education, Employment and Workplace Relations
-44,024

3
Administered item, Outcome 11
Department of Social Services
+27,325

4
Administered item, Outcome 3
Department of Education, Employment and Workplace Relations
-27,325

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 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and 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 indigenous affairs were transferred from the former Department of Education, Employment and Workplace Relations to the Department of Employment and the Department of Social Services. 
This Determination is the seventh 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). A fifth transfer of appropriations occurred on 1 April 2014, under FMA Act Determination 2014/05 — Section 32 (Transfer of Functions from DEEWR to Social Services).   A sixth transfer of appropriations occurred on 2 May 2014, under FMA Act Determination 2014/11 — Section 32 (Transfer of Functions from DEEWR to PM&C, Education, Employment and Social Services).
 
2     Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
After Note 6, insert:
Note 7:       FMA Act Determination 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and Social Services) decreased the administered item for Outcome 3 for the former Department of Education, Employment and Workplace Relations (DEEWR) by the amounts specified in Table 41 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 12, insert:
Note 13:     FMA Act Determination 2014/12 — Section 32 (Transfer of Functions from DEEWR to Employment and Social Services) increased the administered item for Outcome 11 for the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs) by the amounts specified in Table 41 at the end of Schedule 1 to this Act.