{"id":"F2016L01582","name":"Federal Financial Relations (National Partnership payments) Determination No. 110 (August 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-110-august-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95248,"registerId":"commonwealth-F2016L01582-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. 110 (August 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 110 (August 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 110 (August 2016)

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

SCOTT JOHN MORRISON


Dated: 3 August 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. 110 (August 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 8 August 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 8 August 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. 110 (August 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. 110 (August 2016)

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

SCOTT JOHN MORRISON


Dated: 3 August 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. 110 (August 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 8 August 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 8 August 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

Federal Financial Relations (National Partnership Payments) Determination No. 110 (August 2016)

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

SCOTT JOHN MORRISON


Dated: 3 August 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. 110 (August 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 8 August 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 8 August 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 8 August 2016","content":"### Table 1: National Partnership payments for payment on 8 August 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 8 August 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 $10,416,666,667.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2016-17","content":"### Table 2: Total cumulative payments of National Partnership payments in 2016-17\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 8 August 2016 ($)\n\n![](image.003.png)\n\n![](image.004.png)","sortOrder":14},{"sectionNumber":"Amounts of National Partnership Payments","sectionType":"part","heading":"Amounts of National Partnership Payments for payment on 8 August 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 8 August 2016 ($)\n\n![](image.003.png)\n\n![](image.004.png)","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination remains tightly scoped to its original purpose: authorising specific National Partnership payments to States under the Federal Financial Relations framework. It does not expand beyond the established mechanism of making conditional grants to States for outputs, reforms, and reform rewards. The structure and content align with the standard template for such determinations under the 2009 Act."},"complexity_factors":["Short, single-purpose instrument (only 17 substantive sections)","Only 4 defined terms in the interpretation section","Straightforward conditional logic (if performance benchmarks required → minister determines; if not → scheduled payment)","Minimal cross-referencing — only references to the Federal Financial Relations Act 2009, COAG Reform Fund Act 2008, and the Intergovernmental Agreement","No nested exceptions or complex definitional chains","Tables containing actual payment amounts are referenced but appear as image placeholders in the text, suggesting the operational detail is in schedules rather than the legislative text itself","Standard template structure common to National Partnership payment determinations"],"plain_english_summary":"This Treasurer’s Determination authorises Commonwealth “National Partnership” payments into the COAG Reform Fund to be paid to States and Territories to support specific projects/services, help implement reforms, and reward major reform achievements. It confirms these new payments won’t breach the ~$10.4 billion 2016–17 cap. It affects state/territory governments, federal taxpayers, and users of state services because the funds are conditional on agreed outcomes and reforms."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination implements the existing statutory power under section 16 of the Federal Financial Relations Act 2009 to make National Partnership payments. It allocates particular amounts and confirms payment mechanisms and reporting/assessment processes required by existing legislation and the Intergovernmental Agreement. It does not expand the legal scope of the Act or introduce new policy objectives beyond providing and scheduling those payments; it is a routine, instrument‑level implementation consistent with the original purpose of the statute."},"complexity_factors":["Short, single-purpose instrument focused on specifying payment amounts and timing","Only four defined terms in the Determination (Act, COAG Reform Fund, Intergovernmental Agreement, State)","Cross-references to multiple external instruments (Federal Financial Relations Act 2009 s16; COAG Reform Fund Act 2008 ss5 and 7(2); Intergovernmental Agreement Schedule D; Legislative Instruments Act 2003 s42)","Two embedded conditional decision paths for payments (reward payments vs facilitation/project payments) requiring different forms of assessment/reporting (para 10)","Tables and Schedule listing multiple line-items (images of Table 1 and Schedule 1) but no complex formulae or nested exceptions","Debit limit check (single numeric cap) and cumulative totals to ensure compliance (paras 15–17)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination (No. 110, August 2016) is a Treasurer's direction made under section 16 of the Federal Financial Relations Act 2009. It authorises specific National Partnership payments to the States and specifies when those amounts will be credited to and paid from the COAG Reform Fund (see sections 5–14 and 12–14).\n\n- The Determination instructs that the listed amounts in Table 1 (and itemised in Schedule 1) are to be credited to the COAG Reform Fund and then paid to the named States on 8 August 2016 (paras 12–14 and Schedule 1).\n\n- It confirms that the total of National Partnership payments in the 2016–17 year must not exceed a statutory debit limit ($10,416,666,667) and shows cumulative totals to demonstrate the limit has not been exceeded (paras 15–17 and Table 2).\n\n- The instrument also records a statutory exemption: section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this Determination (para 4). That means the usual parliamentary disallowance mechanism does not apply to this particular legislative instrument.\n\n\nWho it affects\n\n- The Commonwealth (Treasurer and relevant Commonwealth Ministers or their delegates) — they decide when payments are made and, in some cases, determine whether performance benchmarks have been met (paras 10 and 12).\n- The States and Territories (referred to as \"States\" in the Determination) — they are the recipients of the grants and must comply with the terms of the National Partnerships and written agreements to receive funds (paras 5–11).\n- The COAG Reform Fund — the Determination requires amounts to be credited to that Special Account before payment (para 6).\n- Commonwealth budget/taxpayers — the money paid comes from Commonwealth appropriations and reduces the available debit room under the statutory limit (paras 15–17).\n\n\nWhy it matters (practical implications and institutional effects)\n\n- It implements intergovernmental financing already authorised by the Federal Financial Relations Act 2009 and the Intergovernmental Agreement on Federal Financial Relations (the Determination is the operational step that moves money into the COAG Reform Fund and to States; paras 5–9 and 12–14).\n\n- Payment timing and conditionality: some payments are conditional on pre‑determined milestones or performance benchmarks. For incentive payments (rewards), the Commonwealth Minister or delegate will decide payment after an independent assessment; for facilitation/project payments the decision is based on expenditure and performance reporting set out in each National Partnership (para 10). This creates an explicit link between reporting/assessment and cash flows.\n\n- Administrative and compliance burden: the Determination requires written agreements between the Commonwealth and States that set the terms and conditions for each payment (para 7). States must meet reporting and, where required, independent assessment processes to receive particular tranches.\n\n- Executive discretion and parliamentary oversight: the Determination records that the usual disallowance route under the Legislative Instruments Act does not apply (para 4). That reduces one mechanism of parliamentary oversight over this instrument (compare para 4).\n\n- Fiscal constraints and opportunity cost: the Determination uses part of the finite debit limit for National Partnership payments in 2016–17 ($10,416,666,667). Money allocated here reduces the amount of that statutory cap available for other National Partnership determinations in the same financial year (paras 15–17).\n\n\nHow the instrument interacts with existing rules (sources and constraints)\n\n- It must be read with: the Federal Financial Relations Act 2009 (section 16 powers cited throughout), the COAG Reform Fund Act 2008 (requirements about the Special Account and written agreements, paras 6–7), and the Intergovernmental Agreement (Schedule D — Payment Arrangements) which sets the broad framework for National Partnership payments (para 8).\n\n\nConcrete incentives and likely behavioural effects\n\n- States: incentive to meet milestone/benchmark conditions and comply with reporting to unlock conditional payments (para 10).\n- Commonwealth: retains decision-making discretion (Minister or delegate) about whether a payment is payable after assessments or reporting (para 10).\n- Private sector: effects are indirect and project-specific. Where National Partnership funds support particular outputs or projects, contractors and service providers may see new opportunities, but the Determination itself only allocates funds to States (paras 5 and 12).\n\n\nCosts, trade-offs and risks (implementation and oversight)\n\n- Costs are borne by the Commonwealth budget and ultimately taxpayers. The Determination consumes part of the statutory debit limit for 2016–17 and thus has an opportunity cost for other federal transfers (paras 15–17).\n- Implementation risk includes delays if milestones are disputed or independent assessments take time; states may face compliance costs to produce required reports and meet benchmarks (para 10 and para 7).\n- There is some concentration of benefits (specific States receive defined sums) while costs are diffuse (federal revenue), and there is ministerial discretion in payment determinations that creates a potential for disputes about whether benchmarks have been met (para 10).\n\n\nKey provisions to look up in the underlying law\n\n- Federal Financial Relations Act 2009: section 16 (authorising National Partnership payments) and its subsections cited in this instrument (paras 6 and 15).\n- COAG Reform Fund Act 2008: section 5 (establishing the Fund) and section 7(2) (requiring written agreements) (paras 6–7).\n- Intergovernmental Agreement on Federal Financial Relations: Schedule D — Payment Arrangements (para 8).\n- Legislative Instruments Act 2003: section 42 (disallowance) — specifically, this Determination is exempt (para 4).\n\n\nBottom line\n\nThis is an operational Treasurer's Determination that credits specified National Partnership sums to the COAG Reform Fund and directs their payment to particular States on 8 August 2016. It enforces statutory constraints (the debit limit), links some payments to milestone or benchmarked assessments decided by a Minister or delegate, requires written agreements as the terms of payment, and is exempt from parliamentary disallowance. The measure changes cash-flows between the Commonwealth and States rather than creating new policy rules."}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-110-august-2016/documents"}}