Financial Management and Accountability Act 1997 Determination 2013/13 – Section 32 (Transfer of Functions from Social Services to PM&C)

Link to law: https://www.comlaw.gov.au/Details/F2013L01874

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FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C)
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 indigenous affairs and some aspects of gender equality were transferred from the former Department of Families, Housing, Community Services and Indigenous Affairs (now known as the Department of Social Services) to the Department of the Prime Minister and Cabinet.
 
 
 
 
Dated 31 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 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C)
2  Commencement
                   This Determination commences on 1 November 2013.
3  Purpose
                   The purpose of this Determination is to adjust amounts appropriated, as an interim measure, to support functions transferred to the Department of the Prime Minister and Cabinet, from the former Department of Families, Housing, Community Services and Indigenous Affairs, and other Departments, 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 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, renamed the Department of Families, Housing, Community Services and Indigenous Affairs as the Department of 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.
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 16 for FMA Act Determination 2013/12 — Section 32 (Transfer of Functions from AusAID to DFAT)
Insert:
8    FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C)
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 17:
A new Outcome 2 is created for the Department of the Prime Minister and Cabinet (PM&C), which is set out at Table 17. The text for Outcome 2 for PM&C is the same as the text for Outcome 7 of the former Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA).
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, the amount appropriated to Outcome 2 for PM&C may be applied for the purpose of undertaking the activities indicated in the Portfolio Budget Statements for 2013‑2014 of FaHCSIA in respect of Outcome 7, as well as the Portfolio Budget Statements for 2013-2014 of:
-          the Attorney-General’s Department, in respect of that agency’s Outcome 1;
-          the former Department of Broadband, Communications and the Digital Economy, in respect of that agency’s Outcome 1;
-          the former Department of Education, Employment and Workplace Relations, in respect of that agency’s Outcome 3;
-          the former Department of Health and Ageing, in respect of that agency’s Outcome 8;
-          the former Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, in respect of that agency’s Outcome 3;
-          the former Department of Regional Australia, Local Government, Arts and Sport, in respect of that agency’s Outcome 4;
-          the former Department of Resources, Energy and Tourism, in respect of that agency’s Outcome 1; and
-          the former Department of Sustainability, Environment, Water, Population and Communities, in respect of that agency’s Outcome 5.
 
Amendment of appropriations in Table 18:
Amendments to appropriations are as specified in Table 18.
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.
The transfer of functions relating to some aspects of gender equality activities is supported through an increase to the administered appropriation for Outcome 1 of the Department of the Prime Minister and Cabinet.
The reference to Outcome 1 of the Department of the Prime Minister and Cabinet takes into account the Department of the Prime Minister and Cabinet performing some aspects of gender equality activities indicated in the Portfolio Budget Statements for 2013-2014 of FaHCSIA, in respect of Outcome 6.
Table 17: New Outcome for the Department of the Prime Minister and Cabinet
 
Departmental
Administered
Total

 
$'000
$'000
$'000

DEPARTMENT OF THE PRIME MINISTER AND CABINET
 
 
 

Outcome 2 -  
Closing the gap in Indigenous disadvantage with improved wellbeing, capacity to participate economically and socially and to manage life-transitions for Indigenous Australians through Indigenous engagement, coordinated whole of government policy advice and targeted support services
0
0
0

 
 
 

 
 
 

Table 18: Amendment of appropriations
 
Column 1
Column 2
Column 3

Item
Appropriation item
Agency
Amount
($’000)

1
Administered item, Outcome 1
Department of the Prime Minister and Cabinet
+2,000

2
Administered item, Outcome 6
Department of Families, Housing, Community Services and Indigenous Affairs
-2,000

3
Administered item, Outcome 2
Department of the Prime Minister and Cabinet
+150,000

4
Administered item, Outcome 7
Department of Families, Housing, Community Services and Indigenous Affairs
-150,000

5
Departmental item
Department of the Prime Minister and Cabinet
+75,000

6
Departmental item
Department of Families, Housing, Community Services and Indigenous Affairs
-75,000

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 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C) 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, where functions relating to indigenous affairs and some aspects of gender equality were transferred from the former Department of Families, Housing, Community Services and Indigenous Affairs (which is now the Department of Social Services) to the Department of the Prime Minister and Cabinet.
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 2, Insert:
Note 3:       FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C) decreased the administered items for Outcome 6 and Outcome 7, and the departmental item, for the former Department of Families, Housing, Community Services and Indigenous Affairs (which is now the Department of Social Services) by the amount specified in Table 18 at the end of Schedule 1 to this Act.
3     Schedule 1, Prime Minister and Cabinet portfolio, after the Department of the Prime Minister and Cabinet table
Insert:
Note 1:       FMA Act Determination 2013/13 — Section 32 (Transfer of Functions from Social Services to PM&C) created a new Outcome 2 for the Department of the Prime Minister and Cabinet, which is set out in Table 17 at the end of Schedule 1 to this Act. The Determination also increased the administered items for Outcome 1 and Outcome 2, and the departmental item, for the Department of the Prime Minister and Cabinet by the amount specified in Table 18 at the end of Schedule 1 to this Act.