{"id":"F2021L00704","name":"PGPA Act Determination (Health SOETM Special Account 2021)","slug":"pgpa-act-determination-health-soetm-special-account-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101885,"registerId":"commonwealth-F2021L00704-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Establishment","content":"## Part 1—Establishment","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the PGPA Act Determination (Health SOETM Special Account 2021).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Public Governance, Performance and Accountability Act 2013.\n\n> Department means the Department of Health, Disability and Ageing.\n\n> SOETM means Services for Other Entities and Trust Moneys.\n\n> the special account means the Health SOETM Special Account 2021 established by this instrument.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of the special account","content":"#### 5 Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Health SOETM Special Account 2021 is established as a special account.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Accountable authority responsible for the special account","content":"#### 6 Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the Act, the accountable authority responsible for the special account is the Secretary of the Department.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special account credits and debits","content":"## Part 2—Special account credits and debits","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Amounts that may be credited to the special account","content":"#### 7 Amounts that may be credited to the special account\n\n  For paragraph 78(1)(b) of the Act, the following amounts may be credited to the special account:\n    (a) an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\n    (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;\n    (c) an amount received from any person for one or more purposes of the special account.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Purposes of the special account","content":"#### 8 Purposes of the special account\n\n  For paragraph 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n    (a) to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n    (b) to disburse an amount in connection with services performed for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;\n    (c) to disburse an amount in connection with joint activities performed for, on behalf of, or together with, a Commonwealth entity, Commonwealth company, government, organisation, body or person;\n    (d) to disburse an amount in connection with an agreement between the Commonwealth and another government;\n    (e) to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and\n    (f) to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.","sortOrder":8}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing a specific special account for health-related trust and partnership monies. The scope aligns precisely with the standard PGPA Act special account framework without expansion into unrelated areas."},"complexity_factors":["Only 4 defined terms in the interpretation section","No cross-references to other legislation beyond the enabling Act (PGPA Act 2013)","Simple conditional structure with straightforward lists of permitted credits and debits","No nested exceptions or complex temporal provisions","Short instrument (8 sections total) with clear purpose-based drafting","Standard special account template following established PGPA Act patterns"],"plain_english_summary":"The legislation creates the Health SOETM Special Account 2021, a dedicated bank account the Department of Health, Disability and Ageing will use to receive, hold and spend money it manages on behalf of others (trusts, service payments, project funds). It sets rules for use and oversight, keeps non‑government funds separate from taxpayer revenue, and makes the Department’s Secretary legally responsible — affecting the Department, partner organisations, other governments and individuals with funds held by the Department."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument implements a dedicated special account under the PGPA Act (s78) and specifies permitted credits and debits and the accountable authority (secs 3, 5–8). It does not expand departmental statutory powers or alter the Act’s scope; it confines financial arrangements to the account’s listed purposes and funding sources."},"complexity_factors":["Narrow function: instrument only establishes a single special account and lists permitted credits and debits (secs 5, 7–8).","Direct cross-reference to PGPA Act s78 for legal authority (sec 3) — no novel statutory powers created.","Limited defined terms reduce interpretive complexity (sec 4).","Operational discretion: Secretary is the accountable authority and controls transactions, requiring internal administrative rules (sec 6).","Compliance burden: trust accounting, record-keeping and reporting obligations for amounts held on behalf of third parties (secs 7(a), 8(a)).","Accounting nuance: permits reducing the account balance without a real or notional payment, which requires clear internal procedures to record (sec 8(f))."],"plain_english_summary":"This determination creates the Health SOETM Special Account 2021 for the Department of Health, Disability and Ageing and appoints the Department Secretary as the accountable authority (secs 5–6). It authorises crediting trust funds, fees from services and third‑party payments, and allows disbursements for trust repayments, services or joint activities, intergovernmental agreements, law-ordered repayments and a non‑payment balance reduction (secs 7–8). Non‑Commonwealth parties supply funds; the Secretary decides how they are used and carries the compliance and reporting duties."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021","history":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021/history","analysis":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021/analysis","conflicts":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021/conflicts","importantCases":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021/important-cases","documents":"/api/acts/pgpa-act-determination-health-soetm-special-account-2021/documents"}}