{"id":"F2016L01937","name":"Federal Financial Relations (National Partnership payments) Determination No. 113 (November 2016)","slug":"federal-financial-relations-national-partnership-payments-determination-no-113-november-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95590,"registerId":"commonwealth-F2016L01937-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. 113 (November 2016)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 113 (November 2016)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 113 (November 2016)

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

SCOTT JOHN MORRISON


Dated: 3 November 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. 113 (November 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 November 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 November 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. 113 (November 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. 113 (November 2016)

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

SCOTT JOHN MORRISON


Dated: 3 November 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. 113 (November 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 November 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 November 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. 113 (November 2016)

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

SCOTT JOHN MORRISON


Dated: 3 November 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. 113 (November 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 November 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 November 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 November 2016","content":"### Table 1: National Partnership payments for payment on 7 November 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 November 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 $10,416,666,667.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2016-17","content":"### Table 2: Total cumulative payments of National Partnership payments in 2016-17\n\n ![](image.002.png)\n 17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1","sectionType":"part","heading":null,"content":"# SChedule 1\n\n## Amounts of National Partnership Payments for payment on 7 November 2016 ($)\n\n![](image.003.png)\n\n# SChedule 1 (continued)\n\nAMOUNTS OF NATIONAL PARTNERSHIP PAYMENTS FOR PAYMENT ON 7 NOVEMBER 2016 ($)\n\n![](image.004.png)","sortOrder":14},{"sectionNumber":"Amounts of National Partnership Payments","sectionType":"part","heading":"Amounts of National Partnership Payments for payment on 7 November 2016 ($)","content":"## Amounts of National Partnership Payments for payment on 7 November 2016 ($)\n\n![](image.003.png)","sortOrder":15},{"sectionNumber":"SChedule 1 (continued)","sectionType":"part","heading":"SChedule 1 (continued)","content":"# SChedule 1 (continued)\n\nAMOUNTS OF NATIONAL PARTNERSHIP PAYMENTS FOR PAYMENT ON 7 NOVEMBER 2016 ($)\n\n![](image.004.png)","sortOrder":16}],"analysis":{"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 payment‑authorising power in section 16 of the Federal Financial Relations Act 2009 by specifying particular National Partnership payments, their accounting treatment (credit to COAG Reform Fund), timing, and conditions for release. It does not expand the statutory power or add new substantive policy areas beyond the uses described in the Act (supporting outputs/projects, facilitating reforms, rewarding reforms) (para 5). In other words, it carries out the original purpose of s16 rather than altering or materially broadening the scope of the Federal Financial Relations framework."},"complexity_factors":["Short instrument primarily listing payments (Tables/Schedule) rather than novel legal rules","Only 4 defined terms in the Interpretation (Act; COAG Reform Fund; Intergovernmental Agreement; State) (para 3)","Cross‑references to multiple other instruments and Acts (Federal Financial Relations Act 2009; COAG Reform Fund Act 2008; Intergovernmental Agreement; Legislative Instruments Act 2003) (paras 3, 4, 6–9)","Two alternative conditional‑payment branches (independent assessment for reward payments; expenditure/performance reporting for facilitation/project payments) (para 10)","Numeric debit cap and cumulative totals tracking (paras 15–17; Table 2)","Tables/Schedules of payment amounts embedded as images (makes reading/extraction slightly harder)","Delegated decision‑making by Minister or delegate introduces discretionary assessments (para 10)"],"plain_english_summary":"**What this Determination does (mechanics first)**\n\n- This is a Treasurer’s determination made under section 16 of the Federal Financial Relations Act 2009 that authorises specified National Partnership payments to the States (commencing the day it was made) (see paras 1–2, 12–13).\n- The amounts are first credited to the COAG Reform Fund (a Commonwealth Special Account) and then paid to the States on the scheduled payment date (7 November 2016) (paras 6, 13).\n- The Determination lists the specific payments and recipients in Table 1 and the Schedule(s) (Schedule 1) and reports cumulative totals against a yearly debit limit (paras 12–17; Tables/Schedules).\n- The Determination explicitly relies on, and cross‑references, the Federal Financial Relations Act 2009, the COAG Reform Fund Act 2008 (and its requirement for written agreements), and the Intergovernmental Agreement on Federal Financial Relations (para 3; paras 6–9).\n- The Determination is exempted from disallowance under the Legislative Instruments Act 2003 (para 4).\n\n**Stated purpose**\n\n- The Determination says the payments are to: (a) support delivery of specified outputs or projects by States, (b) facilitate State reforms, or (c) reward States for nationally significant reforms (para 5).\n\n**How payments are controlled and released**\n\n- If payments are conditional on milestones or performance benchmarks, the relevant Commonwealth Minister (or their delegate) decides whether to pay after either:\n - receiving an independent assessment for incentive (reward) payments (para 10(a)); or\n - reviewing the expenditure and performance reporting required under the relevant National Partnership for facilitation/project payments (para 10(b)).\n- If no benchmark must be met before payment, payments are made according to the payment profile in the National Partnership (para 11).\n- The COAG Reform Fund Act requires a written agreement between the Commonwealth and the State to set out the terms and conditions of the financial assistance (para 7).\n\n**Who pays, who decides, and who is affected**\n\n- Who pays: the Commonwealth (amounts credited to and drawn from the COAG Reform Fund) (paras 6, 13).\n- Who decides: the Treasurer made the Determination; the relevant Commonwealth Minister or delegate makes decisions about payment release when milestones/benchmarks apply (paras 1, 10).\n- Who is affected: the named recipient States (including ACT and NT by the Determination’s definition) that appear in the Table/Schedule, the Commonwealth budget (as the payer), and, indirectly, State service providers and contractors who deliver the outputs/projects funded by these payments (paras 3, 12–14).\n\n**Practical effects, incentives and trade‑offs**\n\n- Incentives and behaviour: the Determination channels Commonwealth funds to States with conditions (written agreements, reporting, and sometimes independent assessments). That creates an incentive for States to meet benchmarks or report expenditure properly to access funds (paras 7, 10).\n- Discretion and implementation risk: the Minister or delegate has discretion to determine if conditions are met (para 10). That concentrates decision‑making at the Commonwealth level and creates reliance on accurate reporting and robust independent assessments — administrative capacity and audit/verification matter for timely payments.\n- Compliance burden: States must enter written agreements and meet reporting/benchmark obligations where required (para 7, 10). This creates administrative and monitoring cost for State agencies.\n- Fiscal trade‑offs: the payments are drawn from the Commonwealth’s budget and count toward the annual debit limit set in the Act (the Determination reiterates a 2016–17 debit cap of $10,416,666,667) (para 15). Funds allocated here are not available for other Commonwealth uses — an opportunity cost to taxpayers.\n- Effects on private enterprise and markets: the Determination itself does not directly regulate private business. Indirectly, State delivery of funded projects (outputs/services) may create procurement opportunities or change demand for private providers. There is no direct change to competition, ownership or prices in the instrument’s text.\n\n**Concentrated benefits, diffuse costs, and capture risk (mechanisms, not claims)**\n\n- Concentrated benefits: named States receive identifiable cash amounts (Schedule 1). Those States — and firms or sectors involved in the projects — are the concentrated recipients of benefit.\n- Diffuse costs: the fiscal cost is borne by the Commonwealth (taxpayers broadly) through the COAG Reform Fund.\n- Potential for lobbying/rent‑seeking: because the Determination directs specific grants and the Minister has discretion over conditional payments, there is a mechanical possibility that interested parties may seek to influence the allocation or the design of National Partnerships. The Determination itself does not set any anti‑lobbying or conflict‑of‑interest controls; monitoring and transparency depend on the supporting National Partnerships and agency processes (paras 7, 10).\n\n**Administrative detail to note**\n\n- The Determination is procedural: it lists amounts and recipients, repeats the legal hook for payment (s16 of the Act), and confirms the accounting pathway (credit COAG Reform Fund then pay) (paras 6, 12–13).\n- It requires written agreements between Commonwealth and State setting terms and conditions for the disbursed funds (para 7).\n\n**Bottom line**\n\nThis instrument is an administrative, statutory authorisation that credits specified sums to the COAG Reform Fund and directs those sums to named States on a set date, under the Federal Financial Relations framework. It sets out the payment mechanics, the conditionality rules (ministerial determinations, independent assessments, reporting), and shows the payments against the statutory annual debit cap. The Determination affects Commonwealth fiscal outlays, creates conditional incentives for States to deliver reforms or projects, and imposes reporting and agreement requirements on the parties (paras 5–15)."},"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 November 2016. It does not expand beyond the standard framework established by the Federal Financial Relations Act 2009 and the Intergovernmental Agreement on Federal Financial Relations. The structure and content are consistent with routine administrative determinations made under this scheme."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward three-part structure (Preliminary, Purpose, Payments)","Single operational mechanism: authorising specific dollar amounts to specific jurisdictions","Minimal cross-referencing — only references to parent Act and COAG Reform Fund Act for context","No nested exceptions or conditional logic beyond simple 'if milestone achieved, then payment' structure","Tables containing actual payment amounts are referenced but not reproduced in text (shown as image placeholders)","Legislative instrument exemption is explicitly stated rather than requiring interpretive work"],"plain_english_summary":"This ministerial determination authorises the Commonwealth to pay funds to Australian states and territories under the National Partnership system, creating three payment types (project, reform facilitation and reward payments) to support services such as hospitals, schools and infrastructure. It matters because it routes money through the COAG Reform Fund, ties some payments to performance benchmarks, operates under a $10.4 billion annual cap, and is exempt from parliamentary disallowance so payments can be made without either House veto."}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-113-november-2016/documents"}}