Financial Management and Accountability Act 1997 Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)

Link to law: https://www.comlaw.gov.au/Details/F2013L01709

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FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)
Financial Management and Accountability Act 1997
I, ALAN GREENSLADE, First Assistant Secretary, Financial Reporting and Cash Management Division, Department of Finance, make this Determination under section 32 of the Financial Management and Accountability Act 1997 (FMA Act), as a delegate of the Finance Minister.
 
This Determination is made due 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 education, to the Department of Education (Education); and
•         in relation to employment, to the Department of Employment (Employment).
 
 
Dated                              18 September 2013
 
 
 
 
 
ALAN GREENSLADE
First Assistant Secretary
Financial Reporting and Cash Management Division
Department of Finance
 
 
1  Name of Determination
                   This Determination is the FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).
2  Commencement
                   This Determination commences on 18 September 2013.
3  Purpose
                   The purpose of this Determination is to adjust appropriations as an interim measure to immediately support functions from DEEWR being transferred to Education and Employment, consistent with the Administrative Arrangements Order made on 18 September 2013. The further transfer of appropriations will occur in due course.
Note 1: This Determination has been made by a delegate of the Finance Minister (in accordance with section 62 of the FMA Act).
4  Amendment of Appropriation Acts
                   Schedule 1 of Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.
                   Schedule 2 of Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 to this Determination.
5  Definitions
                   In this Determination:
DEEWR means the former Department of Education, Employment and Workplace Relations.
Education means the Department of Education.
Employment  means the Department of Employment.
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, on a new page
Insert:
1    FMA Act Determination 2013/06 — Section 32 (Transfer of Functions   from DEEWR to Education and Employment)
Schedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
The new Administrative Arrangements Order, made on 18 September 2013, created new agencies, the Department of Education (Education) and the Department of Employment (Employment). The inclusion of the new agencies, Education and Employment, is specified at Table 1 and Table 2 respectively.
The purpose of this Determination is to adjust appropriations as an interim measure to support functions from DEEWR being transferred to Education and Employment. The further transfer of appropriations will occur in due course.
Amendments to appropriations are as specified in Table 3. 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 1
EDUCATION PORTFOLIO
Appropriation (plain figures)—2013‑2014

 

 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF EDUCATION
 
 
 

Outcome 1 ‑
Improved access to quality services that support early childhood learning and care for children through a national quality framework, agreed national standards, investment in infrastructure, and support for parents, carers, services and the workforce (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 1 for that Department)
 
 
 

0
0
0

 
 
 

 
 
 
 

Outcome 2 ‑
Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department)
 
 
 

0
0
0

 
 
 

 
 
 
 

Total: Department of Education
0
0
0

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 2
EMPLOYMENT PORTFOLIO
Appropriation (plain figures)—2013‑2014

 

 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF EMPLOYMENT
 
 
 

Outcome 1 ‑
Enhanced employability and acquisition of labour market skills and knowledge and participation in society through direct financial support and funding of employment and training services (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 3 for that Department)
 
 
 

0
0
0

 
 
 

 
 
 
 

Outcome 2 ‑
Safer, fairer and more productive workplaces for employers and employees by promoting and supporting the adoption of fair and flexible workplace arrangements and safer working arrangements (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 4 for that Department)
 
 
 

0
0
0

 
 
 

 
 
 
 

Total: Department of Employment
0
0
0

 
 
 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 3
 
Amendment of appropriations

 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
$’000

1
Departmental item
Department of Education
+110,000

2
Departmental item
Department of Employment
+110,000

3
Departmental item
Department of Education, Employment and Workplace Relations
-220,000

4
Administered item, Outcome 1
Department of Education
+77,000

5
Administered item, Outcome 1
Department of Education, Employment and Workplace Relations
-77,000

6
Administered item, Outcome 2
Department of Education
+66,000

7
Administered item, Outcome 2
Department of Education, Employment and Workplace Relations
-66,000

8
Administered item, Outcome 1
Department of Employment
+500,000

9
Administered item, Outcome 3
Department of Education, Employment and Workplace Relations
-500,000

10
Administered item, Outcome 2
Department of Employment
+6,000

11
Administered item, Outcome 4
Department of Education, Employment and Workplace Relations
-6,000

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 2013/06— Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.
These changes were made as a response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education and to the functions relating to employment were transferred to the Department of Employment.
 
2     Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
Insert:
Note 1:       FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment), in relation to the education function, decreased the administered items for Outcome 1 and Outcome 2 for the Department of Education, Employment and Workplace Relations (DEEWR) in accordance with Table 3 at the end of Schedule 1 to this Act.
                   Additionally, in relation to the employment function, the determination decreased the administered items for Outcome 3 and Outcome 4 for DEEWR in accordance with Table 3 at the end of Schedule 1 to this Act.
                   Finally, in relation to the education and the employment functions, the determination decreased the departmental item for DEEWR in accordance with Table 3 at the end of Schedule 1 to this Act.
These changes were made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education and functions in relation to employment were transferred from the former DEEWR to the Department of Employment.
Schedule 2   Amendment of Appropriation Act (No. 2) 2013‑2014
1     Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Attorney-General’s Department” row, and before the “Department of Education, Employment and Workplace Relations” row
Insert a new row
Department of Education
Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department)
Minister for Education
 
Minister for Education
 
 
2     At the end of Schedule 2, on a new page
Insert:
1    FMA Act Determination 2013/06 — Section 32 (Transfer of Functions   from DEEWR to Education and Employment)
Schedule 2 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
The Administrative Arrangements Order, made on 18 September 2013, created a new agency, the Department of Education (Education). The inclusion of the new agency, Education, is specified at Table 1.
The purpose of this Determination is to adjust appropriations as an interim measure to support functions from DEEWR being transferred to Education and Employment. The further transfer of appropriations will occur in due course.
Amendments to appropriations are as specified in Table 2. 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 1
Education PORTFOLIO
Appropriation (plain figures)—2013‑2014

 
 
 
 

 
Payments to
States, ACT,
NT and local
government
 
New
Administered
Outcomes
 
 
 
Total

 
$'000
$'000
$'000

DEPARTMENT OF EDUCATION
 
 
 

Outcome 2 ‑
Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department)
 
 
 

0
-
0

 
 
 

 
 
 
 

Total: Department of Education
0
-
0

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 2
 
Amendment of appropriations

 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount $’000

1
State, ACT, NT and local government item, Outcome 2
Department of Education
+11,000

2
State, ACT, NT and local government item, Outcome 2
Department of Education, Employment and Workplace Relations
-11,000

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 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.
This change was made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education.
 
3     Schedule 2, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table
Insert:
Note 1:       FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) decreased the State, ACT, NT and local government item for Outcome 2 for the Department of Education, Employment and Workplace Relations (DEEWR) in accordance with Table 2 at the end of Schedule 2 to this Act.