Financial Management and Accountability Act 1997 Determination 2013/11 – Section 32 (Transfer of Functions from Immigration to Social Services and Industry)

Link to law: https://www.comlaw.gov.au/Details/F2013L01865

FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry)
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 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, where functions relating to migrant settlement and multicultural affairs were transferred from the former Department of Immigration and Citizenship (now known as the Department of Immigration and Border Protection) to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
This Determination is also made in response to the Administrative Arrangements Order, made on 3 October 2013, where functions relating to migrant adult education were transferred from the former Department of Immigration and Citizenship to the Department of Industry (previously the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education).
                                        
 
Dated   29 October 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 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry).
2  Commencement
                   This Determination commences two business days after it is signed.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated, as an interim measure, to support functions from the former Department of Immigration and Citizenship transferred:
·         to the Department of Social Services (consistent with the Administrative Arrangements Order made on 18 September 2013); and
·         to the Department of Industry (consistent with the Administrative Arrangements Order made on 3 October 2013).
Note 1: This Determination has been made by a delegate of the Secretary of the Department of Finance. The Secretary is, in turn, a delegate of the Finance Minister (in accordance with section 62 of the FMA Act) and the Secretary 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 under section 64 of the Constitution renamed: the Department of Immigration and Citizenship as the Department of Immigration and Border Protection; the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of Social Services; and the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education as the Department of Industry.
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 Industry includes a reference to the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.
§  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 12 for FMA Act Determination 2013/10 — Section 32 (Transfer of Functions from DRET to Industry)
Insert:
6    FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry)
 
Schedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).
New Outcomes in Table 13:
New Outcomes 9 and 10 are created for the Department of Social Services (DSS), which are set out at Table 13. The text for Outcome 9 for DSS is the same as the text for Outcome 5 of the former Department of Immigration and Citizenship (DIAC) (which includes functions relating to migrant settlement). Similarly, the text for Outcome 10 for DSS is the same as the text for Outcome 6 for DIAC (which includes functions relating to multicultural affairs).
Where a new outcome inserted by a Table substantially corresponds to the text of an existing outcome for an Agency, the new outcome is to be read as including activities indicated in the relevant Portfolio Budget Statements in respect of the existing outcome. Accordingly, DSS can perform the migrant settlement and multicultural affairs activities indicated in the Portfolio Budget Statements for 2013-2014 of DIAC.
Amendment of appropriations in Table 14:
The transfer of functions relating to migrant adult education is supported through an increase to the administered appropriation for Outcome 3 of the Department of Industry (previously the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education).
The reference to Outcome 3 of the Department of Industry takes into account the Department of Industry performing the migrant adult education activities indicated in the Portfolio Budget Statements for 2013-2014 of DIAC.
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 13: New Outcomes for the Department of Social Services
 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF SOCIAL SERVICES
 
 
 

Outcome 9 ‑
Equitable economic and social participation of migrants and refugees, supported through settlement services, including English language training; refugee settlement; case coordination; translation services; and settlement policy advice and program design
0
0
0

 
 
 

 
 
 

 
 
 
 

Outcome 10 –
A cohesive, multicultural Australian society through promotion of cultural diversity and a unifying citizenship, decisions on citizenship status, and multicultural and citizenship policy advice and program design
0
0
0

 
 
 

 
 
 

Table 14: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 9
Department of Social Services
+37,000

2
Administered item, Outcome 3
Department of Industry
+50,000

3
Administered item, Outcome 5
Department of Immigration and Citizenship
-87,000

4
Administered item, Outcome 10
Department of Social Services
+3,000

5
Administered item, Outcome 6
Department of Immigration and Citizenship
-3,000

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 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry) 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 in relation to migrant settlement and multicultural affairs were transferred from the former Department of Immigration and Citizenship (which is now the Department of Immigration and Border Protection) to the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs).
Due to a change to the Administrative Arrangements Order made on 3 October 2013, functions in relation to migrant adult education were transferred from the former Department of Immigration and Citizenship to the Department of Industry (previously the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education).
2     Schedule 1, Families, Housing, Community Services and Indigenous Affairs portfolio, after the Department of Families, Housing, Community Services and Indigenous Affairs table
After Note 1, insert:
Note 2:       FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry) created new Outcomes 9 and 10 for the Department of Social Services (previously the Department of Families, Housing, Community Services and Indigenous Affairs), which are set out in Table 13 at the end of Schedule 1 to this Act.
                   Additionally, the Determination increased the administered item for Outcome 9 and Outcome 10 for the Department of Social Services by the amounts specified in Table 14 at the end of Schedule 1 to this Act.
3     Schedule 1, Immigration and Citizenship portfolio, after the Department of Immigration and Citizenship table
Insert:
Note 1:       FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry) decreased the administered item for Outcome 5 and Outcome 6 for the former Department of Immigration and Citizenship (which is now the Department of Immigration and Border Protection) by the amounts specified in Table 14 at the end of Schedule 1 to this Act.
 
4     Schedule 1, Industry, Innovation, Climate Change, Science, Research and Tertiary Education portfolio, after the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education table
After Note 2, insert:
Note 3:       FMA Act Determination 2013/11 — Section 32 (Transfer of Functions from Immigration to Social Services and Industry) increased the administered item for Outcome 3 for the Department of Industry by the amount specified in Table 14 at the end of Schedule 1 to this Act.
Read Entire Law on www.comlaw.gov.au