{"id":"F2021L00099","name":"PGPA Act Determination (Social Services SOETM Special Account 2021)","slug":"pgpa-act-determination-social-services-soetm-special-account-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440758,"registerId":"F2021L00099-fast-fetch-1775956281694","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Social Services SOETM Special Account 2021)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nPGPA Act Determination (Social Services SOETM Special Account 2021)\n\nI, SIMON BIRMINGHAM, Minister for Finance, make the following determination.\n\nDated 3 February 2021\n\nSIMON BIRMINGHAM\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment \n\n1  Name......................................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\n5  Establishment of the special account.................................\n\n6  Accountable authority responsible for the special account.....................\n\nPart 2—Special account credits and debits \n\n7  Amounts that may be credited to the special account........................\n\n8  Purposes of the special account....................................\n\nPart 3—Transitional, revocation and repeal provisions \n\n9  Opening balance of the special account................................\n\n10  Revocation of SOETM instrument..................................\n\n11  Additional repeal provisions.....................................\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Social Services SOETM Special Account 2021).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The day mentioned in paragraph 79(5)(a) of the Act. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nDepartment means the Department of Social Services.\n\nSOETM means Services for Other Entities and Trust Moneys.\n\nSOETM special account means the Services for Other Entities and Trust Moneys – Department of Families, Housing, Community Services and Indigenous Affairs Special Account established by the SOETM instrument.\n\nSOETM instrument means the Financial Management and Accountability Determination 2010/14 – Services for Other Entities and Trust Moneys – Department of Families, Housing, Community Services and Indigenous Affairs Special Account Establishment 2010.\n\nthe special account means the Social Services SOETM Special Account 2021 established by this instrument.\n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the Act, the Social Services SOETM Special Account 2021 is established as a special account.\n\n6  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.\n\n \n\nPart 2—Special account credits and debits\n\n \n\n7  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\n1.                      an amount held on trust, or otherwise on behalf of or for the benefit of a person other than the Commonwealth;\n\n\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\n (c) an amount received from any person for one or more purposes of the special account.\n\n8  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\n1.                      to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n2.                      to disburse an amount in connection with services performed for, on behalf of or together with another Commonwealth entity, Commonwealth company, another government, organisation, body or person;\n3.                      to disburse an amount in connection with joint activities performed for, on behalf of, or together with, another Commonwealth entity, Commonwealth company, another government, organisation, body or person;\n4.                      to disburse an amount in connection with an agreement between the Commonwealth and another government;\n5.                      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received; and \n6.    to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\n\n\n \n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n1.               For paragraph 78(1)(b) of the Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n2.               The opening balance is equal to the amount standing to the credit of the SOETM special account immediately prior to the commencement of this instrument.\n\n\n10  Revocation of SOETM instrument\n\n  For subsection 78(3) of the Act, the SOETM instrument is revoked.\n\n11  Additional repeal provisions\n\n1.               For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the SOETM instrument under section 10 (date of repeal).\n2.               For subsection 78(3) of the Act, the following definitions in section 4 are repealed on the date of repeal:\n\n\n1.                      definition of SOETM instrument;\n2.                      definition of SOETM special account.\n\n\n1.               Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Functionally continues the prior SOETM special account: establishes a like-purpose special account, transfers the existing balance, and revokes the prior instrument (ss.5,9,10). Purposes for credits and debits mirror custodial and service-related payments rather than expanding policy reach; the Part 3 repeals are transitional and preserve effects after repeal (ss.7–8,11)."},"complexity_factors":["Direct cross-reference to the PGPA Act requires checks against the Act’s paragraph 78 framework (ss.2,3,5).","Transitional mechanics: automatic transfer of opening balance from the revoked SOETM instrument and short-term repeal of Part 3 create timing and recordkeeping obligations (s.9,10,11).","Definitions tie this instrument to a prior Financial Management and Accountability determination, so understanding scope needs reading of the revoked instrument (s.4,10).","Administrative discretion and compliance rest with the Department Secretary as accountable authority, creating internal control and reporting responsibilities (s.6).","Substantive policy change is minimal; complexity arises mainly from cross-references and administrative implementation rather than novel legal rules (ss.7–8)."],"plain_english_summary":"Establishes the Social Services SOETM Special Account 2021, appoints the Secretary of the Department of Social Services as the accountable authority, and transfers the opening balance from the prior SOETM account (ss.5–6,9–10).\n\nCredits include trust moneys, receipts from related functions and payments from others; debits allow trust disbursements, payments for services or joint activities with other entities or governments, lawful repayments, and internal balance reductions. The Department administers the account and handles compliance; private parties provide funds or receive disbursements (ss.7–8)."},"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":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor. It is a direct replacement of the 2010 SOETM special account, transferring the balance and revoking the old instrument without expanding the purposes or functions. The account continues to serve the same administrative function of holding trust and third-party moneys for the Department of Social Services."},"complexity_factors":["Short instrument with only 11 sections across 3 Parts","Minimal defined terms (6 definitions in section 4, 2 of which are temporary)","Straightforward structure: establishment, credits/debits, transitional provisions","Limited conditional logic—primarily simple authorisations and one transitional timing provision","Some cross-referencing to the parent Act (PGPA Act 2013) and the revoked 2010 instrument, but these are standard and clearly identified","Self-terminating provisions (Part 3 and two definitions repeal themselves after 7 days)"],"plain_english_summary":"The law creates the Social Services SOETM Special Account 2021, a dedicated government bank account the Department of Social Services will use to hold and manage money on behalf of others (trust funds, service receipts, and funds from agreements). It authorises receiving and paying those monies, transfers the balance from the old 2010 account into the new account, and revokes the 2010 account—an administrative update to align with current financial management rules."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021","history":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021/history","analysis":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021/analysis","conflicts":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021/conflicts","importantCases":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021/important-cases","documents":"/api/acts/pgpa-act-determination-social-services-soetm-special-account-2021/documents"}}