{"id":"F2017L00943","name":"Federal Financial Relations (National Partnership payments) Determination No. 120 (June 2017)","slug":"federal-financial-relations-national-partnership-payments-determination-no-120-june-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96833,"registerId":"commonwealth-F2017L00943-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. 120 (JUNE 2017)","content":"# Federal Financial Relations (National Partnership Payments) Determination No. 120 (JUNE 2017)","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"preliminary","content":"```html\n

Federal Financial Relations (National Partnership Payments) Determination No. 120 (JUNE 2017)

I, MICHAEL SVEN SUKKAR, Assistant Minister to the Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

MICHAEL SVEN SUKKAR


Dated: 2 June 2017

\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. 120 (June 2017).\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 Legislation 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 June 2017\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 June 2017.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\n\n 15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.\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\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. 120 (June 2017).","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 Legislation 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. 120 (JUNE 2017)

I, MICHAEL SVEN SUKKAR, Assistant Minister to the Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

MICHAEL SVEN SUKKAR


Dated: 2 June 2017

\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. 120 (June 2017).\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 Legislation 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 June 2017\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 June 2017.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\n\n 15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.\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\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. 120 (JUNE 2017)

I, MICHAEL SVEN SUKKAR, Assistant Minister to the Treasurer, make this Determination under section 16 of the Federal Financial Relations Act 2009.

MICHAEL SVEN SUKKAR


Dated: 2 June 2017

\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. 120 (June 2017).\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 Legislation 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 June 2017\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 June 2017.\n 14. Schedule 1 to this determination provides further information on these payments.\n\n### Debit limits\n\n 15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.\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\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 June 2017","content":"### Table 1: National Partnership payments for payment on 7 June 2017\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 June 2017.\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. Under subsection 16(3) of the Act 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 $25,000,000,000.00.\n 16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.","sortOrder":12},{"sectionNumber":"Table 2: Total cumulative payments of Na","sectionType":"division","heading":"Table 2: Total cumulative payments of National Partnership payments in 2016-17","content":"### Table 2: Total cumulative payments of National Partnership payments in 2016-17\n\n![](image.002.png)\n\n 17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.","sortOrder":13},{"sectionNumber":"SChedule 1 Amounts of National Partnersh","sectionType":"part","heading":"SChedule 1 Amounts of National Partnership Payments for payment on 7 June 2017","content":"# SChedule 1 Amounts of National Partnership Payments for payment on 7 June 2017 ![](image.003.png)","sortOrder":14},{"sectionNumber":"SChedule 1Amounts of National Partnershi","sectionType":"part","heading":"SChedule 1Amounts of National Partnership Payments for payment on 7 June 2017 ($)","content":"# SChedule 1Amounts of National Partnership Payments for payment on 7 June 2017 ($)\n\n# ![](image.004.png)","sortOrder":15}],"analysis":{"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 on a specific date. It does not expand beyond the standard framework established by the Federal Financial Relations Act 2009 and the Intergovernmental Agreement. The structure and content are consistent with routine administrative determinations made under this legislative scheme."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, COAG Reform Fund, Intergovernmental Agreement, State)","Straightforward three-part structure: preliminary, purpose, and payment determination","No nested exceptions or conditional logic beyond simple 'if milestone achieved, then pay' scenarios","Single cross-reference chain: Federal Financial Relations Act 2009 → COAG Reform Fund Act 2008 → Intergovernmental Agreement","Mechanical compliance provisions (debit limit check) with no discretionary elements","Missing substantive content: Tables 1 and 2 appear as image placeholders, Schedule 1 content is fragmented"],"plain_english_summary":"This ministerial determination authorises the Commonwealth to pay specified National Partnership funds to states and territories on 7 June 2017 and confirms total 2016–17 payments will not exceed $25 billion. \n\nIt triggers routine federal transfers that fund state projects and services, affects state/territory governments, taxpayers and service users, and—being exempt from parliamentary disallowance—cannot be overturned once signed."},"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 performs its routine statutory function: it applies section 16 of the Federal Financial Relations Act 2009 to authorise specific National Partnership payments for the 2016–17 year and records those amounts against the statutory debit limit. It does not expand the Act’s powers, create new types of obligations, or materially broaden the program’s scope beyond the established purpose of National Partnership payments (supporting outputs/projects, facilitating reforms, or rewarding nationally significant reforms) as set out in cl 5 and in the Intergovernmental Agreement. The instrument is therefore consistent with the original purpose of enabling and specifying Commonwealth payments to States under the Federal Financial Relations framework."},"complexity_factors":["Short instrument (few substantive clauses: commencement, definitions, purpose, payment authorisation, debit limit, schedules).","Only four defined terms in the instrument (Act, COAG Reform Fund, Intergovernmental Agreement, State) (cl 3).","Cross-references to multiple external instruments: Federal Financial Relations Act 2009 (s 16), COAG Reform Fund Act 2008, Intergovernmental Agreement (clauses 6–8).","Conditional logic limited to milestone/performance-based payments with two distinct paths (incentive payments requiring independent assessment; facilitation/project payments based on reporting) (cl 10(a)–(b)).","Data/content complexity concentrated in schedules and tables (Table 1 and Table 2 / Schedule 1) which list amounts and recipients (these are image/tabled data in the instrument).","A statutory debit limit cross-check (cl 15–17) requires aggregation of prior determinations, introducing some external-state tracking for compliance.","Administrative discretion (Minister or delegate determinations) creates operational complexity though not legislative complexity (cl 10)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This Determination authorises the Commonwealth to credit specified sums to the COAG Reform Fund and then pay those sums to particular States as \"National Partnership\" payments on 7 June 2017 (see Part 3, cl 12–14 and Schedule 1).\n- It is made under section 16 of the Federal Financial Relations Act 2009 (the Act) and commences on the day it is made (Part 1, cl 1–2).\n- The amounts and the recipient States are listed in Table 1 and in Schedule 1 to the Determination (Part 3, cl 12–14). The instrument also records the running total of National Partnership payments in 2016–17 and confirms the total stays under the statutory debit limit of $25 billion for that year (cl 15–17).\n- The Determination is a legislative instrument but is exempt from disallowance under section 42 of the Legislation Act 2003 (cl 4).\n\n**Who is affected and who decides\n\n- Payer: the Commonwealth (amounts credited to the COAG Reform Fund, a special account) funds these payments (cl 6).\n- Recipients: the States (including the ACT and NT) named in Table 1 / Schedule 1 receive the payments for specified projects, outputs or reforms (cl 3 definition of \"State\"; cl 5 and cl 12).\n- Decision-makers and administrative control: the Commonwealth Minister (or delegate) determines whether conditional payments are made when payments depend on milestones or benchmarks — for incentive payments this follows receipt of an independent assessment; for facilitation/project payments it follows reporting and expenditure checks specified in the National Partnership (cl 10(a)–(b)). The written terms of financial assistance must be recorded in an agreement between the Commonwealth and the State (cl 7).\n\n**Why it matters (purpose and effect)\n\n- Purpose stated: to grant financial assistance to States to (a) support the delivery of specified outputs or projects, (b) facilitate reforms, or (c) reward States for nationally significant reforms (cl 5).\n- Effect on behaviour: States receiving payments are required to deliver the agreed outputs/projects or reforms, and in some cases meet pre-determined milestones or performance benchmarks before payment is made (cl 9–11). This creates conditional incentives for state policy or program action in exchange for Commonwealth funds.\n\n**Implementation mechanics, compliance and oversight\n\n- Funds must first be credited to the COAG Reform Fund (a special account established under the COAG Reform Fund Act 2008) before payment to States (cl 6 and cl 13).\n- The terms and conditions of each payment are to be set out in a written agreement between the Commonwealth and the State (cl 7). Where payments are contingent on performance, the Minister or delegate makes an administrative determination based on either an independent assessment (for incentive payments) or reporting/expenditure evidence (for facilitation/project payments) (cl 10).\n- Parliamentary disallowance review of this individual Determination is excluded (cl 4), although the underlying statutory framework remains subject to other accountability mechanisms.\n\n**Costs, incentives, trade-offs and risks (practical testing of purpose claims)\n\n- Who pays: Commonwealth taxpayers fund the payments via the COAG Reform Fund; the Determination places amounts on that special account (cl 6, cl 13).\n- Concentrated benefits vs diffuse costs: the benefits (payments) are concentrated on named State jurisdictions and specific projects (Schedule 1). Costs are spread across the Commonwealth budget and therefore across taxpayers.\n- Incentives and conditionality: where payments are tied to milestones or benchmarks, the Determination vests discretion in the Commonwealth Minister/delegate to certify achievement (cl 10). That creates an administrative gatekeeping role: States must deliver evidence (independent assessments or reporting) to trigger payment.\n- Administrative and compliance burden: written agreements, reporting and possible independent assessments will produce compliance costs for both the Commonwealth and the States (cl 7 and cl 10).\n- Implementation risk and discretion: the Minister/delegate determination introduces implementation risk (e.g. timing disputes about whether a milestone is met). The Determination does not prescribe the detailed assessment methodology — that is left to the National Partnership and the Minister’s decision (cl 10).\n- Budget discipline: the Determination sets a running cumulative total for the 2016–17 financial year and confirms the instrument stays within the statutory debit cap of $25 billion (cl 15–17). That constrains aggregate Commonwealth exposure for National Partnership payments that year.\n\n**Concrete trade-offs to note (mechanism not opinion)\n\n- The Determination channels specific Commonwealth funds to States for defined projects/reforms, conditional where specified, with the Commonwealth retaining decision authority to confirm milestones (cl 5, cl 10). That creates clarity of funding but also central administrative control over when payments flow.\n- Exemption from parliamentary disallowance (cl 4) reduces one avenue of parliamentary review of this particular instrument, while other accountability (agreements, reporting, independent assessments) remains part of the payment architecture (cl 7, cl 10).\n\n(References in parentheses refer to clause numbers within the Determination.)"}},"importantCases":[],"_links":{"self":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017","history":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017/history","analysis":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017/analysis","conflicts":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017/conflicts","importantCases":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017/important-cases","documents":"/api/acts/federal-financial-relations-national-partnership-payments-determination-no-120-june-2017/documents"}}