{"id":"F2016L01193","name":"Federal Financial Relations (National Partnership payments) Determination No. 104 (March 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-104-march-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94575,"registerId":"commonwealth-F2016L01193-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Federal Financial Relations (National Pa","sectionType":"part","heading":"Federal Financial Relations (National Partnership Payments) Determination No. 104 (March 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 104 (March 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 104 (March 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 3 March 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 104 (March 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 January 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 16(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 7. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 7 March 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 March 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":1},{"sectionNumber":"Name of Determination","sectionType":"division","heading":"Name of Determination","content":"### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 104 (March 2016).","sortOrder":2},{"sectionNumber":"Commencement","sectionType":"division","heading":"Commencement","content":"### Commencement\n\n 2. This determination commences on the day on which this determination is made.","sortOrder":3},{"sectionNumber":"Definitions","sectionType":"division","heading":"Definitions","content":"### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 January 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.","sortOrder":4},{"sectionNumber":"Exemption from section 42 (disallowance)","sectionType":"division","heading":"Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003","content":"### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 16(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.","sortOrder":5},{"sectionNumber":"PArt 2","sectionType":"part","heading":"Purpose","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 104 (March 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 3 March 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 104 (March 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 January 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 16(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 7. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 7 March 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 March 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":6},{"sectionNumber":"Provision of financial assistance","sectionType":"division","heading":"Provision of financial assistance","content":"### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.","sortOrder":7},{"sectionNumber":"Terms and conditions","sectionType":"division","heading":"Terms and conditions","content":"### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 7. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"National Partnership Payments","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 104 (March 2016)

I, SCOTT JOHN MORRISON, Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

SCOTT JOHN MORRISON


Dated: 3 March 2016

\n```\n\n## Part 1 — preliminary\n\n### Name of Determination\n\n This determination is the Federal Financial Relations (National Partnership payments) Determination No. 104 (March 2016).\n\n### Commencement\n\n 2. This determination commences on the day on which this determination is made.\n\n### Definitions\n\n 3. The following definitions are used throughout this determination:\n\nAct means the Federal Financial Relations Act 2009.\n\nCOAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.\n\nIntergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations that took effect on 1 January 2009. The Intergovernmental Agreement provides an overarching framework for financial transfers between the Commonwealth and the States and related collaboration on policy development and service delivery.\n\nState includes the Australian Capital Territory and the Northern Territory.\n\n### Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003\n\n 4. Subsection 16(5) of the Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this determination.\n\n## PArt 2 — Purpose\n\n### Provision of financial assistance\n\n 5. This determination is made, in accordance with section 16 of the Act, for the purpose of providing grants of financial assistance to a State to:\n (a) support the delivery by the State of specified outputs or projects;\n (b) facilitate reforms by the State; or\n (c) reward the State for nationally significant reforms.\n\n### Terms and conditions\n\n 6. Subsection 16(2) of the Act requires that an amount determined under subsection 16(1) must be credited to the COAG Reform Fund. The COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n 7. Subsection 7(2) of the COAG Reform Fund Act 2008 requires that the terms and conditions on which financial assistance is granted through the COAG Reform Fund are to be set out in a written agreement between the Commonwealth and the State.\n 8. ‘Schedule D — Payment Arrangements’ to the Intergovernmental Agreement provides that the Commonwealth will make National Partnership payments to the States to support the delivery of specified outputs or projects, to facilitate reforms or to reward those jurisdictions that deliver on nationally significant reforms.\n 9. National Partnerships will clearly set out the payment profile in respect of each State.\n 10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:\n (a) in the case of payments to reward nationally significant reforms, the relevant Commonwealth Minister or delegate will make a determination as to whether the incentive payment will be paid following receipt of an independent assessment as to whether a pre-determined performance benchmark has been achieved; and\n (b) in the case of payments to facilitate reform and to support the delivery of specified outputs or projects, the relevant Commonwealth Minister or delegate will make a determination, based upon expenditure and performance reporting arrangements set out in the National Partnership, as to whether the facilitation or project payment will be paid.\n 11. Where the achievement of a performance benchmark is not required before a payment is made to a State, payments will be scheduled in accordance with the payment profile set out in the National Partnership.\n\n## Part 3 — National Partnership Payments\n\n### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.\n\n### Table 1: National Partnership payments for payment on 7 March 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 March 2016.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.\n\n### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":9},{"sectionNumber":"Determination","sectionType":"division","heading":"Determination","content":"### Determination\n\n 12. In accordance with subsection 16(1) of the Act, the amounts specified in Table 1 are to be paid to the States specified in that table for the purpose of making a grant of financial assistance to:\n (a) support the delivery by the States of specified outputs or projects;\n (b) facilitate reforms by the States; or\n (c) reward the States for nationally significant reforms.","sortOrder":10},{"sectionNumber":"Table 1: National Partnership payments f","sectionType":"division","heading":"Table 1: National Partnership payments for payment on 7 March 2016","content":"### Table 1: National Partnership payments for payment on 7 March 2016\n\n![](image.001.png)\n\n 13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 March 2016.\n 14. Schedule 1 to this determination provides further information on these payments.","sortOrder":11},{"sectionNumber":"Debit limit","sectionType":"division","heading":"Debit limit","content":"### Debit limit\n\n 15. Subsection 16(3) of the Act provides that the total amount credited to the COAG Reform Fund for the purpose of making National Partnership payments in the financial year starting on 1 July 2015 must not exceed $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2015\\-16 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2015-16","content":"### Table 2: Total cumulative payments of National Partnership payments in 2015-16\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2015-16 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 7 March 2016 ($)\n\n![](image.003.png)\n\n(Continued on next page)\n\n![](image.004.png)","sortOrder":14},{"sectionNumber":"Amounts of National Partnership Payments","sectionType":"part","heading":"Amounts of National Partnership Payments for payment on 7 March 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 7 March 2016 ($)\n\n![](image.003.png)\n\n(Continued on next page)\n\n![](image.004.png)","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not alter the statutory scope of federal financial relations. It applies existing powers under section 16 to allocate and schedule particular National Partnership payments, records administrative conditions (crediting to the COAG Reform Fund, written agreements, performance conditions) and confirms compliance with the annual debit limit; it implements funding decisions rather than expanding or reducing the legal framework."},"complexity_factors":["Cross‑references to multiple statutes and instruments (Federal Financial Relations Act 2009; COAG Reform Fund Act 2008; Intergovernmental Agreement)","Ministerial/delegate discretion to determine payment on achievement of benchmarks and reliance on independent assessments (s10, s12)","Requirement to credit amounts to a Special Account (COAG Reform Fund) and to use written agreements for terms and conditions (ss6–7)","Performance‑linked payments, payment profiling and reporting/assessment arrangements in attached National Partnerships","Debit limit and cumulative accounting requirement for the 2015–16 financial year (s15–17)","Schedules/tables containing itemised payment amounts and states (Schedule 1, Table 1 and Table 2)","Exemption from legislative disallowance procedure (s4) increases administrative finality"],"plain_english_summary":"This Determination authorises specific National Partnership payments to States by crediting amounts to the COAG Reform Fund so the Commonwealth can grant funding to support projects, facilitate reforms or reward nationally significant reforms. It names payment amounts and timing (payment on 7 March 2016) and records that the Treasurer/Minister (or delegate) decides payments where milestones or independent assessments are required (ss5–13, s15). Payments must be made within the Act’s annual debit limit and under written agreements with States (ss6–7, s15)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination serves its original narrow purpose: authorising specific National Partnership payments to states on a specific date (7 March 2016). It does not expand beyond the standard framework established by the Federal Financial Relations Act 2009. The structure and content match the template used for routine payment authorisations under the Act."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, COAG Reform Fund, Intergovernmental Agreement, State)","Straightforward three-part structure (Preliminary, Purpose, Payments)","Minimal cross-referencing — primarily references to section 16 of the Federal Financial Relations Act 2009 and the COAG Reform Fund Act 2008","No nested exceptions or conditional logic beyond simple 'if milestone met, then payment' structure","Relies on external tables (images) for substantive payment amounts rather than embedding complex calculations in the text","Single purpose instrument — authorising specific payment amounts on a specific date","Standard template language repeated across multiple similar determinations"],"plain_english_summary":"This Treasurer’s Determination (7 March 2016) authorises Commonwealth payments to states and territories through the COAG Reform Fund to fund projects, support implementation of reforms, and reward major national reforms. It confirms a $25 billion cap for 2015–16 and specifies exact state amounts.\n\nSome payments are performance‑based (assessed independently or by the Minister), others are fixed schedule transfers. It affects state/territory budgets, federal taxpayers, and users of state services, and is not subject to parliamentary disallowance."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-104-march-2016/documents"}}