{"id":"F2016L01211","name":"Federal Financial Relations (National Partnership payments) Determination No. 108 (July 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-108-july-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94598,"registerId":"commonwealth-F2016L01211-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. 108 (July 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 108 (July 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-bottom:0pt; border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:425.2pt; border-bottom:0.75pt solid #000000; padding:1.4pt 2.85pt 1.02pt; vertical-align:top\"><h1 id=\"navPoint_1\" style=\"margin-bottom:3pt\"><span>Federal Financial Relations (</span><span>National Partnership Payments</span><span>) Determination</span><span> </span><span>No.</span><span> </span><span>10</span><span>8</span><span> (</span><span>July 2016</span><span>)</span></h1></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-top:12pt; font-size:11pt\"><span>I, </span><span>SCOTT JOHN MORRISON</span><span>, </span><span>Treasurer</span><span>, make this Determination under </span><span>s</span><span>ection </span><span>16</span><span> of the </span><span style=\"font-style:italic\">Federal Financial Relations Act 2009.</span></p></td></tr><tr style=\"height:52.3pt\"><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"font-size:11pt\"><span></span></p></td></tr><tr><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span style=\"width:198pt; font-family:'Lucida Console', monospace; text-decoration:underline; display:inline-block\"></span></p><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span>SCOTT JOHN MORRISON</span></p></td><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"margin-top:3pt; font-size:11pt\"><br><span>Dated: </span><span></span><span>30 June </span><span>2016</span></p></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; border-top:0.75pt solid #000000; padding:1.02pt 2.85pt 1.4pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"font-size:11pt\"><span></span></p></td></tr></tbody></table>\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. 108 (July 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 July 2016\n\n    ![](image.001.png)\n    13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 July 2016.\n    14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\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 2016 must not exceed $10,416,666,667.\n    16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 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 2016-17\n\n    ![](image.002.png)\n    17. The total amount determined for National Partnership payments to date in the 2016-17 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. 108 (July 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<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-bottom:0pt; border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:425.2pt; border-bottom:0.75pt solid #000000; padding:1.4pt 2.85pt 1.02pt; vertical-align:top\"><h1 id=\"navPoint_1\" style=\"margin-bottom:3pt\"><span>Federal Financial Relations (</span><span>National Partnership Payments</span><span>) Determination</span><span> </span><span>No.</span><span> </span><span>10</span><span>8</span><span> (</span><span>July 2016</span><span>)</span></h1></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-top:12pt; font-size:11pt\"><span>I, </span><span>SCOTT JOHN MORRISON</span><span>, </span><span>Treasurer</span><span>, make this Determination under </span><span>s</span><span>ection </span><span>16</span><span> of the </span><span style=\"font-style:italic\">Federal Financial Relations Act 2009.</span></p></td></tr><tr style=\"height:52.3pt\"><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"font-size:11pt\"><span></span></p></td></tr><tr><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span style=\"width:198pt; font-family:'Lucida Console', monospace; text-decoration:underline; display:inline-block\"></span></p><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span>SCOTT JOHN MORRISON</span></p></td><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"margin-top:3pt; font-size:11pt\"><br><span>Dated: </span><span></span><span>30 June </span><span>2016</span></p></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; border-top:0.75pt solid #000000; padding:1.02pt 2.85pt 1.4pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"font-size:11pt\"><span></span></p></td></tr></tbody></table>\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. 108 (July 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 July 2016\n\n    ![](image.001.png)\n    13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 July 2016.\n    14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\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 2016 must not exceed $10,416,666,667.\n    16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 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 2016-17\n\n    ![](image.002.png)\n    17. The total amount determined for National Partnership payments to date in the 2016-17 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<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-bottom:0pt; border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:425.2pt; border-bottom:0.75pt solid #000000; padding:1.4pt 2.85pt 1.02pt; vertical-align:top\"><h1 id=\"navPoint_1\" style=\"margin-bottom:3pt\"><span>Federal Financial Relations (</span><span>National Partnership Payments</span><span>) Determination</span><span> </span><span>No.</span><span> </span><span>10</span><span>8</span><span> (</span><span>July 2016</span><span>)</span></h1></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-top:12pt; font-size:11pt\"><span>I, </span><span>SCOTT JOHN MORRISON</span><span>, </span><span>Treasurer</span><span>, make this Determination under </span><span>s</span><span>ection </span><span>16</span><span> of the </span><span style=\"font-style:italic\">Federal Financial Relations Act 2009.</span></p></td></tr><tr style=\"height:52.3pt\"><td colspan=\"2\" style=\"width:425.2pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"font-size:11pt\"><span></span></p></td></tr><tr><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span style=\"width:198pt; font-family:'Lucida Console', monospace; text-decoration:underline; display:inline-block\"></span></p><p class=\"SingleParagraph\" style=\"margin-bottom:3pt; font-size:11pt\"><span>SCOTT JOHN MORRISON</span></p></td><td style=\"width:209.75pt; padding:1.4pt 2.85pt; vertical-align:top\"><p style=\"margin-top:3pt; font-size:11pt\"><br><span>Dated: </span><span></span><span>30 June </span><span>2016</span></p></td></tr><tr><td colspan=\"2\" style=\"width:425.2pt; border-top:0.75pt solid #000000; padding:1.02pt 2.85pt 1.4pt; vertical-align:top\"><p class=\"SingleParagraph\" style=\"font-size:11pt\"><span></span></p></td></tr></tbody></table>\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. 108 (July 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 July 2016\n\n    ![](image.001.png)\n    13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 July 2016.\n    14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\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 2016 must not exceed $10,416,666,667.\n    16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 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 2016-17\n\n    ![](image.002.png)\n    17. The total amount determined for National Partnership payments to date in the 2016-17 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 July 2016","content":"### Table 1: National Partnership payments for payment on 7 July 2016\n\n    ![](image.001.png)\n    13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 July 2016.\n    14. Schedule 1 to this determination provides further information on these payments.","sortOrder":11},{"sectionNumber":"Debit limits","sectionType":"division","heading":"Debit limits","content":"### Debit limits\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 2016 must not exceed $10,416,666,667.\n    16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2016-17","content":"### Table 2: Total cumulative payments of National Partnership payments in 2016-17\n\n    ![](image.002.png)\n    17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 7 July 2016 ($)\n\n![](image.003.png)","sortOrder":14},{"sectionNumber":"Amounts of National Partnership Payments","sectionType":"part","heading":"Amounts of National Partnership Payments for payment on 7 July 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 7 July 2016 ($)\n\n![](image.003.png)","sortOrder":15}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination implements the power in section 16 of the Federal Financial Relations Act 2009 to determine amounts for National Partnership payments. It allocates specific amounts to States for a single payment date and confirms compliance with the statutory debit limit for 2016–17. It does not expand the statutory scheme or add new types of recipients or purposes beyond those identified in the Act and the Intergovernmental Agreement; rather, it exercises the Act's existing budgetary authority to approve particular transfers and to set out the administrative arrangements for conditional payments (s5–s16)."},"complexity_factors":["Short instrument with limited substantive text (three main Parts: preliminary, purpose, payments).","4 defined terms in the Definitions (Act, COAG Reform Fund, Intergovernmental Agreement, State). (s3)","Multiple cross‑references to other statutes and instruments: Federal Financial Relations Act 2009 (s16), COAG Reform Fund Act 2008 (s5, s7), Public Governance, Performance and Accountability Act 2013, Intergovernmental Agreement (Schedule D), Legislative Instruments Act 2003 (s42). (s3, s4, s6, s7, s8)","Conditional payment logic with two distinct pathways for verifying conditions (independent assessment for incentive payments; expenditure/reporting-based determination for facilitation/project payments). (s10)","Two embedded tables and a Schedule listing monetary amounts (Table 1, Table 2, Schedule 1) presented as images in the source — numeric bookkeeping is central. (s12–s17, Schedule 1)","One statutory exemption from parliamentary disallowance (exemption from s42). (s4)","Single-year debit limit and cumulative accounting requirement for 2016–17 introduces a specific fiscal constraint to check. (s15–s17)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Authorises a one-off set of Commonwealth payments to State and Territory governments (the \"National Partnership payments\") and lists the amounts to be paid on 7 July 2016 (see Table 1 and Schedule 1). (s12, s13, Schedule 1)\n- Requires those amounts to be credited first to the COAG Reform Fund (a Special Account) and then paid to the States. (s6, s13)\n- Confirms that where payments are conditional on milestones or performance benchmarks, the relevant Commonwealth Minister or their delegate decides whether the payment is made — either after an independent assessment (for incentive payments) or on the basis of the National Partnership's expenditure and reporting arrangements (for facilitation/project payments). (s10)\n- Records the financial ceiling (debit limit) for National Partnership payments in the 2016–17 year and confirms these payments do not exceed that limit. (s15–s17)\n- Declares the instrument is a legislative instrument but not subject to parliamentary disallowance under section 42 of the Legislative Instruments Act 2003. (s4)\n\n**Who it affects\n\n- The Commonwealth (specifically the Treasurer and relevant Ministers or their delegates) — they authorise, credit and release the funds (s1, s6, s10, s12).\n- States and Territories — they are the recipients of the payments and must meet any milestones, performance benchmarks or reporting conditions set out in the relevant National Partnership agreements (s5, s7, s9–s11).\n- The COAG Reform Fund (administratively) — funds are credited to and paid from that Special Account. (s6)\n- Independent assessors or auditors where payments are conditional on independent verification. (s10)\n\n**Why it matters (practical significance)\n\n- It moves real money from the Commonwealth to States and Territories to support specific outputs/projects, to facilitate reforms, or to reward nationally significant reforms — thereby shaping state behaviour through funding conditionality. (s5)\n- It formalises who decides whether conditional payments are made (Minister or delegate) and the evidentiary routes for those decisions (independent assessment or reporting under the National Partnership). That centralises a degree of administrative discretion over payment timing and release. (s10)\n- It ensures payments are routed through the COAG Reform Fund Special Account, which ties these transfers into Commonwealth budget accounting and governance frameworks. (s6)\n\n**Source's stated purpose, then a short test against practical trade-offs and implementation issues\n\n- Stated purpose: provide grants of financial assistance to States to support delivery of outputs/projects, facilitate reforms, or reward nationally significant reforms. (s5)\n\n- Costs and who pays: the Commonwealth funds these payments; money is taken from the COAG Reform Fund and so competes with other Commonwealth priorities accounted for in that Fund. (s6, s13, s15)\n- Incentives and behaviour: States receive transfers tied to outputs, reforms or benchmarks — this creates incentives for States to deliver specified activities that align with Commonwealth priorities. The specific behavioural change depends on the terms of each National Partnership (s5, s9–s11).\n- Bureaucratic discretion and decision points: Ministers (or delegates) determine whether conditional payments are made (s10). Where independent assessments are required, a non‑executive verification step is specified; where not, payment hinges on reporting arrangements in each National Partnership (s10(a)–(b)). That design concentrates the verification and payment decision within Commonwealth administration.\n- Compliance and reporting burden: States must comply with the written terms of each National Partnership (which set out payment profiles and reporting/expenditure rules) — these are the operative compliance mechanisms. (s7–s11)\n- Implementation risk and verification: the determination allows independent assessments for incentive payments; the reliability of outcomes therefore depends on the quality and independence of those assessments and on the robustness of the National Partnership reporting arrangements (s10).\n- Opportunity costs and trade-offs: funds credited to the COAG Reform Fund for these purposes reduce Commonwealth capacity to use the same Special Account for alternative priorities; the instrument respects the debit limit for 2016–17 to constrain total outlays. (s6, s15)\n- Effects on private sector and competition: the instrument itself is a transfer to States and does not directly regulate private firms. Indirect effects may arise depending on the content of each National Partnership (e.g. project procurements or reforms that change regulatory settings), but those effects are determined by the individual National Partnership agreements rather than this Determination. (s5, s9)\n\n**Operational notes (what to look up next if you need detail)\n\n- The specific conditions, payment profiles and reporting requirements are in each National Partnership agreement (referred to repeatedly; see s7–s11 and s9).\n- The listed payment amounts and recipient States are in Table 1 and Schedule 1 (the schedule sets the amounts for payment on 7 July 2016). (s12–s14, Schedule 1)\n- The debit limit and the cumulative totals for 2016–17 are in Table 2 (s15–s17).\n\n(References are to the sections of the Determination quoted above.)"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination serves its original narrow purpose: authorising a specific tranche of National Partnership payments for July 2016. It does not expand beyond the standard framework established by the Federal Financial Relations Act 2009 for routine payment determinations."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward structure: preliminary provisions, purpose, payment table, debit limits","No nested exceptions or conditional logic beyond simple 'if milestone achieved, then pay' framework","Cross-references are limited to the enabling Act (Federal Financial Relations Act 2009) and COAG Reform Fund Act 2008","Payment amounts contained in referenced tables (images not rendered in text) rather than embedded legislative text","Single purpose instrument with no subordinate legislative provisions"],"plain_english_summary":"This Treasurer’s determination authorises the Commonwealth to transfer about $10.4 billion to States and Territories under National Partnership agreements, with the payments scheduled for 7 July 2016. It channels funds (via the COAG Reform Fund) for projects, reforms and service delivery.\n\nIt matters because it’s the legal authority enabling those multi‑billion dollar transfers—affecting state governments, taxpayers and service recipients—and it includes a disallowance exemption so Parliament cannot veto the instrument through the usual process."}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-108-july-2016/documents"}}