{"id":"F2013L01709","name":"Financial Management and Accountability Act 1997 Determination 2013/06 – Section 32 (Transfer of Functions from DEEWR to Education and Employment)","slug":"financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127755,"registerId":"commonwealth-F2013L01709-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of Determination\n\n This Determination is the FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Determination commences on 18 September 2013.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Purpose","content":"#### 3 Purpose\n\n The purpose of this Determination is to adjust appropriations as an interim measure to immediately support functions from DEEWR being transferred to Education and Employment, consistent with the Administrative Arrangements Order made on 18 September 2013. The further transfer of appropriations will occur in due course.\n\n> Note 1: This Determination has been made by a delegate of the Finance Minister (in accordance with section 62 of the FMA Act).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Amendment of Appropriation Acts","content":"#### 4 Amendment of Appropriation Acts\n\n Schedule 1 of Appropriation Act (No. 1) 2013-2014 is amended as set out in Schedule 1 to this Determination.\n Schedule 2 of Appropriation Act (No. 2) 2013-2014 is amended as set out in Schedule 2 to this Determination.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this Determination:\n\n> DEEWR means the former Department of Education, Employment and Workplace Relations.\n\n> Education means the Department of Education.\n\n> Employment means the Department of Employment.\n\n> FMA Act means the Financial Management and Accountability Act 1997.\n\nSchedule 1 Amendment of Appropriation Act (No. 1) 2013‑2014\n\n1 At the end of Schedule 1, on a new page\n\nInsert:\n\n1 FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)\n\nSchedule 1 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).\n\nThe new Administrative Arrangements Order, made on 18 September 2013, created new agencies, the Department of Education (Education) and the Department of Employment (Employment). The inclusion of the new agencies, Education and Employment, is specified at Table 1 and Table 2 respectively.\n\nThe purpose of this Determination is to adjust appropriations as an interim measure to support functions from DEEWR being transferred to Education and Employment. The further transfer of appropriations will occur in due course.\n\nAmendments to appropriations are as specified in Table 3. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.\n\nTable 1\n\n```html\n

EDUCATION PORTFOLIO

Appropriation (plain figures)—2013‑2014

Departmental

Administered

Total

$'000

$'000

$'000

DEPARTMENT OF EDUCATION

Outcome 1 ‑

Improved access to quality services that support early childhood learning and care for children through a national quality framework, agreed national standards, investment in infrastructure, and support for parents, carers, services and the workforce (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 1 for that Department)

0

0

0

Outcome 2 ‑

Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department)

0

0

0

Total: Department of Education

0

0

0

\n```\n\n \n\nTable 2\n\n```html\n

EMPLOYMENT PORTFOLIO

Appropriation (plain figures)—2013‑2014

Departmental

Administered

Total

$'000

$'000

$'000

DEPARTMENT OF EMPLOYMENT

Outcome 1 ‑

Enhanced employability and acquisition of labour market skills and knowledge and participation in society through direct financial support and funding of employment and training services (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 3 for that Department)

0

0

0

Outcome 2 ‑

Safer, fairer and more productive workplaces for employers and employees by promoting and supporting the adoption of fair and flexible workplace arrangements and safer working arrangements (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 4 for that Department)

0

0

0

Total: Department of Employment

0

0

0

\n```\n\n```html\n

\n```\n\nTable 3\n\n```html\n

Amendment of appropriations

Column 1

Column 2

Column 3

Item

Appropriation item

Agency

Amount
$’000

1

Departmental item

Department of Education

+110,000

2

Departmental item

Department of Employment

+110,000

3

Departmental item

Department of Education, Employment and Workplace Relations

-220,000

4

Administered item, Outcome 1

Department of Education

+77,000

5

Administered item, Outcome 1

Department of Education, Employment and Workplace Relations

-77,000

6

Administered item, Outcome 2

Department of Education

+66,000

7

Administered item, Outcome 2

Department of Education, Employment and Workplace Relations

-66,000

8

Administered item, Outcome 1

Department of Employment

+500,000

9

Administered item, Outcome 3

Department of Education, Employment and Workplace Relations

-500,000

10

Administered item, Outcome 2

Department of Employment

+6,000

11

Administered item, Outcome 4

Department of Education, Employment and Workplace Relations

-6,000

\n```\n\n> Note: Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/06— Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.\n\n> Note: These changes were made as a response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education and to the functions relating to employment were transferred to the Department of Employment.\n\n2 Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment), in relation to the education function, decreased the administered items for Outcome 1 and Outcome 2 for the Department of Education, Employment and Workplace Relations (DEEWR) in accordance with Table 3 at the end of Schedule 1 to this Act.\n\n> Note: Additionally, in relation to the employment function, the determination decreased the administered items for Outcome 3 and Outcome 4 for DEEWR in accordance with Table 3 at the end of Schedule 1 to this Act.\n\n> Note: Finally, in relation to the education and the employment functions, the determination decreased the departmental item for DEEWR in accordance with Table 3 at the end of Schedule 1 to this Act.\n\n> Note: These changes were made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education and functions in relation to employment were transferred from the former DEEWR to the Department of Employment.\n\nSchedule 2 Amendment of Appropriation Act (No. 2) 2013‑2014\n\n1 Schedule 1—Payments to or for the States, ACT, NT and local government, after the “Attorney-General’s Department” row, and before the “Department of Education, Employment and Workplace Relations” row\n\nInsert a new row\n\n| Department of Education | Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department) | Minister for Education | Minister for Education |\n| ----------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------- | ---------------------- |\n\n2 At the end of Schedule 2, on a new page\n\nInsert:\n\n1 FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment)\n\nSchedule 2 of this Act is amended in accordance with section 32 of the Financial Management and Accountability Act 1997 (FMA Act).\n\nThe Administrative Arrangements Order, made on 18 September 2013, created a new agency, the Department of Education (Education). The inclusion of the new agency, Education, is specified at Table 1.\n\nThe purpose of this Determination is to adjust appropriations as an interim measure to support functions from DEEWR being transferred to Education and Employment. The further transfer of appropriations will occur in due course.\n\nAmendments to appropriations are as specified in Table 2. The appropriation item (listed in Column 1) for the Agency (listed in Column 2) is amended by the relevant amount (listed in Column 3). A positive amount in Column 3 is an increase in the appropriation and a negative amount is a decrease in the appropriation.\n\n \n\nTable 1\n\n```html\n

Education PORTFOLIO

Appropriation (plain figures)—2013‑2014

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Total

$'000

$'000

$'000

DEPARTMENT OF EDUCATION

Outcome 2 ‑

Improved learning, and literacy, numeracy and educational attainment for school students, through funding for quality teaching and learning environments, workplace learning and career advice (including to perform the activities indicated in the Portfolio Budget Statements for 2013-2014 of the Department of Education, Employment and Workplace Relations as being activities in respect of Outcome 2 for that Department)

0

-

0

Total: Department of Education

0

-

0

\n```\n\nTable 2\n\n```html\n

Amendment of appropriations

Column 1

Column 2

Column 3

Item

Appropriation item

Agency

Amount $’000

1

State, ACT, NT and local government item, Outcome 2

Department of Education

+11,000

2

State, ACT, NT and local government item, Outcome 2

Department of Education, Employment and Workplace Relations

-11,000

\n```\n\n> Note: Section 32 of the FMA Act enables the Finance Minister to determine that Schedules to Appropriation Acts are amended in relation to a transfer of functions between Agencies. A determination under section 32 of the FMA Act cannot result in a change to the total amount appropriated. FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) affects this Act in a specified way to result in no change to the total amount appropriated.\n\n> Note: This change was made in response to the Administrative Arrangements Order made on 18 September 2013. Functions relating to education were transferred from the former DEEWR to the Department of Education.\n\n3 Schedule 2, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table\n\nInsert:\n\n> Note 1: FMA Act Determination 2013/06 — Section 32 (Transfer of Functions from DEEWR to Education and Employment) decreased the State, ACT, NT and local government item for Outcome 2 for the Department of Education, Employment and Workplace Relations (DEEWR) in accordance with Table 2 at the end of Schedule 2 to this Act.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination does not change what is funded overall; it reallocates existing appropriations between agencies to match transferred functions under the Administrative Arrangements Order. The scope of Commonwealth funding commitments remains the same, though administrative responsibility and line-item ownership shift to the new Departments of Education and Employment. Further appropriation adjustments are anticipated to formalise the transfers."},"complexity_factors":["Multiple amendments across two Appropriation Acts (Schedules 1 and 2) with detailed table entries","Numeric reallocations between departmental and administered items (several large sums, both positive and negative)","Statutory constraint under s32 FMA Act that total appropriation cannot change","Interim nature: this determination performs an immediate reallocation but anticipates further transfers later","Interaction with the Administrative Arrangements Order (functional transfers precede final appropriation adjustments)","Decision made by a delegate of the Finance Minister (delegation and administrative discretion involved)","Need to track outcome-level items separately (Outcome 1–4, departmental vs State/territory payments)","High fidelity required when implementing numeric edits to avoid bookkeeping or appropriation errors"],"plain_english_summary":"**What it does:** This Determination moves budget lines (departmental and administered appropriations) previously held by the former Department of Education, Employment and Workplace Relations (DEEWR) into two new agencies: the Department of Education and the Department of Employment. It is an interim reallocation made under the FMA Act to reflect an Administrative Arrangements Order of 18 September 2013.\n\n**Who pays and who decides:** The Commonwealth appropriation total is unchanged; a Finance Minister delegate used the FMA Act power to reassign existing funds so the new agencies take administrative and departmental responsibility for the transferred functions."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2745},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The determination remains strictly limited to its stated purpose of adjusting appropriations following the split of DEEWR. The 'interim measure' language in the Purpose section indicates this was always intended as a preliminary step, with scope for further transfers explicitly acknowledged."},"complexity_factors":["Cross-references to three separate Acts: Financial Management and Accountability Act 1997, Appropriation Act (No. 1) 2013-2014, and Appropriation Act (No. 2) 2013-2014","Technical budget terminology requiring knowledge of 'departmental items' (agency running costs), 'administered items' (program grants), and 'outcomes' (government performance targets)","Eleven distinct financial adjustments across two Schedules, specified in tabular format with positive and negative values","Reliance on external Administrative Arrangements Order for legal context regarding the machinery of government changes","Distinction between two appropriation Acts covering different expense types (operational vs payments to states/territories)"],"plain_english_summary":"This instrument reallocates appropriations from the former Department of Education, Employment and Workplace Relations to the new Department of Education and Department of Employment so funding follows the policy split created in September 2013. \n\nIt immediately moves about $220m in departmental running costs, roughly $649m in program/administered funding for schools, early childhood and employment services, plus $11m in state school payments—an interim fix so the new departments can operate without waiting for the next budget."}},"importantCases":[],"_links":{"self":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi","history":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi/history","analysis":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi/analysis","conflicts":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi/conflicts","importantCases":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi/important-cases","documents":"/api/acts/financial-management-and-accountability-act-1997-determination-2013-06-section-32-transfer-of-functi/documents"}}