This Determination instructs the Commonwealth to credit specified sums to the COAG Reform Fund and pay them to States on 7 September 2016 as National Partnership payments to support outputs/projects, facilitate reforms, or reward nationally significant reforms. It affects the Commonwealth (payer), the States (recipients) and the relevant Commonwealth Minister or delegate (decision‑maker). Payments may be conditional on milestone reporting or independent assessments, creating administrative compliance and timing incentives for States to meet agreed benchmarks.
This instrument, the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016) (the Determination), is a Treasurer’s legislative instrument made under section 16 of the Federal Financial Relations Act 2009 (the Act). The Determination (para 1 and the first page text) directs that specified amounts be credited to the COAG Reform Fund and then paid to States as National Partnership payments on 7 September 2016 (paras 12, 13). It identifies the legal basis for the transfers, confirms the administrative channel for those transfers, and records the relevant payment scheduling and debit limit constraints that apply in the 2016-17 financial year.
Mechanically the Determination does four things. First, it invokes the Treasurer’s power under s 16 of the Act to determine amounts to be paid as National Partnership payments and declares that the amounts set out in Table 1 (and further detailed in Schedule 1) are to be paid to particular States for the purposes stated in para 12. Second, it confirms that those amounts will be credited to the COAG Reform Fund, which is a Special Account established under the COAG Reform Fund Act 2008 and governed by the Public Governance, Performance and Accountability Act 2013 (paras 6 and 6 note). Third, it records the debit limit that applies to National Partnership payments in the 2016-17 financial year, specifically that the total credited to the COAG Reform Fund for National Partnership payments in the year starting 1 July 2016 must not exceed $10,416,666,667 (para 15), and that the cumulative determinations to date do not exceed that limit (para 17 and Table 2). Fourth, it clarifies administrative processes tied to performance conditions: where payment depends on achievement of pre‑determined milestones or benchmarks, the relevant Commonwealth Minister or delegate will make a determination whether to pay, either following receipt of an independent assessment for reward payments (para 10(a)) or based on expenditure and reporting arrangements for facilitation or project payments (para 10(b)).
Current sections
Direct links to the current provisions in Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
PArt 2 — Purpose
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
Part 3 — National Partnership Payments
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
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.
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.
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
Name of Determination
Name of Determination
Name of Determination
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
Commencement
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
Definitions
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance)
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
PArt 2 — Purpose
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
Part 3 — National Partnership Payments
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
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.
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.
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
Provision of financial assistance
Provision of financial assistance
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
Terms and conditions
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
PArt 2 — Purpose
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
Part 3 — National Partnership Payments
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
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.
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.
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
Determination
Determination
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments f
Table 1: National Partnership payments for payment on 7 September 2016
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
Debit limits
Debit limits
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.
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.
Table 2: Total cumulative payments of Na
Table 2: Total cumulative payments of National Partnership payments in 2016-17
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
SChedule 1
SChedule 1
Amounts of National Partnership Payments for payment on 7 September 2016 ($)
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
The Determination also records an express exemption from parliamentary disallowance under section 42 of the Legislative Instruments Act 2003. Paragraph 4 states that subsection 16(5) of the Act makes this instrument a legislative instrument but that s 42 of the Legislative Instruments Act 2003 does not apply to it. The Determination commenced on the day it was made, 2 September 2016 (paras 2 and introductory page), and is signed by the Treasurer.
The instrument does not itself specify the detailed terms of individual National Partnerships. Instead it relies on the Intergovernmental Agreement on Federal Financial Relations (the IGA) and the written agreements required by the COAG Reform Fund Act 2008 to set out payment profiles and detailed terms (paras 7, 8, 9). Table 1 and Schedule 1 (image placeholders in the text) list the specific payments and recipients for the 7 September 2016 payment date (paras 12, 13, 14). The Determination therefore functions as a statutory authorisation and administrative record for transfers, rather than a contract setting out operating terms between Commonwealth and State agencies.
Main concepts
The Determination rests on a small set of recurring statutory and intergovernmental concepts. Those concepts determine the legal and administrative relationships between the Commonwealth, the COAG Reform Fund, and the States.
National Partnership payments: The instrument uses the term National Partnership payments consistently. The IGA’s Schedule D is referenced as the intergovernmental framework that contemplates such payments to support specified outputs or projects, to facilitate reforms, or to reward jurisdictions for nationally significant reforms (para 8). The Determination repeats those three purposes in paras 5 and 12.
COAG Reform Fund and Special Account machinery: The instrument requires amounts determined under s 16(1) of the Act to be credited to the COAG Reform Fund (para 6). It relies on the COAG Reform Fund Act 2008 having established the Fund as a Special Account subject to the Public Governance, Performance and Accountability Act 2013 (para 6). The legal effect recorded is that the determined amounts are first credited to that Special Account, and only then paid to States (para 13). This establishes a two‑stage flow: Commonwealth determination -> crediting to COAG Reform Fund (special account) -> payment to State.
Written agreement requirement: Paragraph 7 records that subsection 7(2) of the COAG Reform Fund Act 2008 requires the terms and conditions for financial assistance granted through the COAG Reform Fund to be set out in a written agreement between the Commonwealth and the State. The Determination therefore delegates operational detail and conditions to bilateral or multilateral written agreements rather than attempting to encapsulate them in the instrument itself.
Performance‑conditioned payments: The Determination distinguishes three categories of National Partnership purpose (support delivery of outputs/projects; facilitate reforms; reward nationally significant reforms) and prescribes different decision and assessment processes where payments are contingent on milestones or benchmarks. For reward payments, an independent assessment may be used and a Commonwealth Minister or delegate makes a determination after receipt of that assessment (para 10(a)). For facilitation and project payments that are conditioned, the Minister or delegate determines payment based on expenditure and performance reporting arrangements that the National Partnership sets out (para 10(b)). If no performance benchmark is required, payments follow the payment profile in the National Partnership (para 11). These provisions embed a conditionality and discretion model into payment administration.
Debit limit constraint: The Act imposes a year‑specific debit limit on amounts that may be credited to the COAG Reform Fund for National Partnership payments in the 2016-17 financial year: $10,416,666,667 (para 15). The Determination records cumulative amounts in Table 2 and confirms they do not exceed the debit limit (para 17). The debit limit operates as a budgetary constraint and an explicit cap on the Treasurer’s determinations for that financial year.
Legislative instrument status and disallowance exemption: The instrument is a legislative instrument under the Act (para 4), but it is carved out from disallowance under s 42 of the Legislative Instruments Act 2003. That exemption affects parliamentary oversight mechanics.
These concepts intersect to produce the operational model the Determination records: the Commonwealth decides amounts under s 16 (para 12), credits them to a Special Account established by separate statute (para 6), makes payment in accordance with National Partnership payment profiles and written agreements (paras 7, 8, 9, 11), applies conditional payments through ministerial or delegate determinations and independent assessments where required (para 10), and keeps within a legislated annual debit cap (paras 15-17). The Determination itself acts as the formal record of the Treasurer’s decision to authorise the specific payments listed for 7 September 2016 (paras 12-14).
Who it affects
The Determination affects three institutional groups directly and several indirectly.
The Commonwealth executive and the Treasurer: The instrument was made by the Treasurer under s 16 of the Act and records the Treasurer’s determination of specified amounts (opening page and para 12). It also delegates, in effect, a role to the "relevant Commonwealth Minister or delegate" to make determinations about conditional payments where benchmarks must be satisfied (para 10). The Commonwealth’s agencies that administer the COAG Reform Fund and National Partnerships are therefore affected because the Determination requires crediting to the COAG Reform Fund and payment on a specified date (para 13).
The States: The immediate recipients are the States named in Table 1 and Schedule 1 (para 12 and Schedule 1). The term State is defined to include the Australian Capital Territory and the Northern Territory (para 3). States will be affected in two ways. First, they receive money credited from the COAG Reform Fund as grants to support specified outputs or projects, facilitate reforms, or reward nationally significant reforms (paras 5 and 12). Second, their obligations flow from written agreements required under the COAG Reform Fund Act 2008 (para 7) and the National Partnership terms under the IGA (para 8).
Independent assessors and reporting bodies: Where payments to reward nationally significant reforms require pre‑determined performance benchmarks, the Determination contemplates that an independent assessment will be received and used by the relevant Commonwealth Minister or delegate to determine whether the incentive payment will be paid (para 10(a)). For facilitation or project payments conditioned on performance, determinations will be based on expenditure and performance reporting arrangements set out in the National Partnership (para 10(b)). Those arrangements implicate auditors, evaluators and reporting units within State agencies.
Parliamentarians and parliamentary processes: The Determination is a legislative instrument but paragraph 4 states that s 42 (disallowance) of the Legislative Instruments Act 2003 does not apply. This removes one parliamentary mechanism for disallowance of the instrument and therefore alters the set of parliamentary oversight options available in respect of this particular determination.
Accountable officers and finance teams: The requirement that amounts be credited to the COAG Reform Fund (a Special Account under the PGPA Act 2013 as noted in para 6) means that Commonwealth financial officers must process the credit and the subsequent payment in accordance with Special Account rules. State finance officers will be responsible for complying with written agreement terms that set out the conditions for accepting and applying the funds (para 7).
Indirectly, sectoral service providers and contractors may be affected where National Partnership payments support specified outputs or projects. The instrument does not itself create procurement or regulatory obligations for those parties, but the underlying written agreements and National Partnerships referred to in paras 7 and 8 will typically contain program design and reporting requirements that flow to delivery partners.
Finally, there are public finance implications for budget planners and fiscal monitors. The debit limit in para 15 and the cumulative accounting shown in Table 2 (para 16 and 17) matter to budget integrity and the Commonwealth’s accounting across the 2016-17 year.
Key duties and rights
The Determination allocates duties and confers administrative rights through statutory reference and process design rather than by creating new standalone duties. Key duties and rights deriving from the Determination include:
Treasurer’s power to determine amounts: The instrument is made under s 16 of the Act and records the Treasurer’s determination of the amounts specified in Table 1 to be paid to States (para 12). The Treasurer has the right and duty under s 16 to make such determinations; the Determination is the exercise of that right and the record of that duty being performed.
Obligation to credit to COAG Reform Fund: Paragraph 6 states that subsection 16(2) of the Act requires an amount determined under subsection 16(1) to be credited to the COAG Reform Fund. That is an express administrative duty: amounts determined must be channelled to the COAG Reform Fund Special Account before disbursement (para 13).
Written agreement requirement between Commonwealth and State: Paragraph 7 records that subsection 7(2) of the COAG Reform Fund Act 2008 requires the terms and conditions for financial assistance to be set out in a written agreement. The duty to enter and comply with those written agreements is placed on the Commonwealth and the State when any grant of financial assistance is made via the COAG Reform Fund. The Determination therefore signals a contractual layer of duties and rights between the Commonwealth and recipient State.
Ministerial or delegate determinations on conditional payments: Paragraph 10 sets out the decision processes where payments require achievement of pre‑determined milestones or benchmarks. The relevant Commonwealth Minister or delegate has the duty to determine whether to pay, based on either an independent assessment for reward payments (para 10(a)) or on expenditure and performance reporting per the National Partnership for facilitation and project payments (para 10(b)). This confers an administrative right in the Minister or delegate to withhold payment where benchmarks are not satisfied and to rely on specified assessment processes.
Payment scheduling rights: Paragraph 11 provides that where a performance benchmark is not required, payments will be scheduled according to the payment profile in the National Partnership. This creates a predictable payment schedule, and in that sense a right for the State to expect payments on the schedule, subject to the National Partnership’s terms.
Compliance with debit limits: Paragraphs 15-17 record the duty to observe the debit limit imposed by subsection 16(3) of the Act. The Determination itself notes that the total amount credited to the COAG Reform Fund in 2016-17 for these National Partnership payments must not exceed $10,416,666,667 (para 15) and confirms the cumulative determinations do not exceed that cap (para 17 and Table 2). The duty here is an accounting and fiscal duty: to ensure that determinations remain within the statutorily prescribed cap.
Administrative exemptions and oversight limitations: Paragraph 4 records an exemption from the disallowance mechanism in s 42 of the Legislative Instruments Act 2003. The Determination, by operation of s 16(5) of the Act, is a legislative instrument that is not subject to that disallowance. This creates a procedural right for the Executive to issue this instrument without a specific disallowance pathway supplied by s 42, and for Parliament it removes one specific procedural check.
The Determination does not itself create criminal offences or civil penalty regimes. It delegates operational compliance to the written agreements and to the National Partnerships referenced in paras 7 and 8. The enforcement levers that are explicit in the text are administrative: the Commonwealth Minister or delegate making decisions on payment when benchmarks are in question (para 10), the scheduling of payments in accordance with National Partnerships where benchmarks are not required (para 11), and the accounting treatment through the COAG Reform Fund Special Account (paras 6, 13). States’ entitlements to payments are conditioned on those administrative processes and the terms of the written agreements referenced.
Penalties and enforcement
The Determination does not establish separate statutory penalties, fines, or criminal offences. It embeds enforcement as administrative control over payments and fiscal limits. The enforcement mechanisms visible in the text are as follows.
Payment withholding through ministerial determinations: Where payments are contingent upon pre‑determined milestones or performance benchmarks, the relevant Commonwealth Minister or delegate will make a determination whether the payment will be made (para 10). For reward payments the determination follows receipt of an independent assessment as to whether the benchmark has been achieved (para 10(a)). For facilitation or project payments the determination is based upon expenditure and performance reporting arrangements set out in the National Partnership (para 10(b)). Withholding or delay of payment is therefore the principal sanction available for non‑achievement of contractual benchmarks specified in the National Partnership arrangements.
Contractual remedies via written agreements: Paragraph 7 records that the COAG Reform Fund Act 2008 requires terms and conditions of grants to be set out in a written agreement between Commonwealth and State. Those written agreements are the locus of rights, obligations, reporting schedules, audit arrangements and remedies. Any enforcement beyond payment withholding would typically flow from the written agreement terms. The Determination does not recite those terms, but it channels enforcement to the written agreement framework.
Accounting constraint as a fiscal control: Paragraphs 15-17 establish the debit limit for National Partnership payments in 2016-17 and record that cumulative amounts remain within that cap. This operates as a form of fiscal enforcement: once the cap is reached, no further amounts may be credited to the COAG Reform Fund for National Partnership payments for that year. The instrument thereby enforces an upper bound on aggregate payments through accounting mechanics rather than through substantive program rules.
Independent assessments and reporting as compliance mechanisms: The Determination contemplates the use of independent assessments (para 10(a)) and expenditure and performance reporting arrangements (para 10(b)) as the evidentiary basis for payment decisions. These mechanisms perform enforcement work by supplying objective or rule‑based information on whether States have met their obligations under National Partnerships.
Absence of parliamentary disallowance: Paragraph 4 removes the disallowance mechanism under s 42 of the Legislative Instruments Act 2003 for this instrument. That does not create a penalty, but it reduces a parliamentary oversight mechanism that might otherwise have functioned as an external check on the Determination. Enforcement therefore rests more heavily on Executive administrative controls and the written agreement framework.
The Determination does not specify audit or recovery mechanisms if funds are misapplied, either in the national instrument text or in Schedule 1 as presented. It points to the written agreements and the National Partnership reporting arrangements as the places where performance and expenditure reporting will be set out (paras 7, 8, 10(b)). Therefore recovery, clawback, audit or other enforceable consequences for misuse or non‑performance must be sought in those underlying agreements and National Partnership documents rather than within this Determination itself.
How it interacts with other laws
The Determination explicitly cross‑references several statutes and an intergovernmental agreement. It therefore operates within a network of legal instruments and administrative arrangements rather than as a freestanding statute.
Federal Financial Relations Act 2009: The Determination is made under s 16 of the Act (front page), and it repeatedly references subsection 16(1), 16(2), 16(3) and 16(5) indirectly through its paragraphs. Paragraph 12 invokes subsection 16(1) for the payment authorisation. Paragraph 6 records the operation of subsection 16(2) requiring credit to the COAG Reform Fund. Paragraph 15 cites subsection 16(3) as the source of the debit limit. Paragraph 4 references subsection 16(5) as the provision that makes the instrument a legislative instrument but exempts it from disallowance under the Legislative Instruments Act (para 4). The Determination therefore functions as an exercise of the Treasurer’s statutory authority under the Act and must be read in light of the Act’s procedural and substantive rules.
COAG Reform Fund Act 2008: Paragraph 6 records that the COAG Reform Fund Act 2008 established the COAG Reform Fund and specifies that it is a Special Account for PGPA Act purposes. Paragraph 7 cites subsection 7(2) of the COAG Reform Fund Act 2008, which requires terms and conditions for assistance through the COAG Fund to be in a written agreement between Commonwealth and State. The Determination therefore depends on the COAG Reform Fund Act for the account mechanics and the written agreement requirement.
Public Governance, Performance and Accountability Act 2013 (PGPA Act): Paragraph 6 notes that the COAG Reform Fund is a Special Account for the purposes of the PGPA Act 2013. That reference means that the Special Account rules, including limits on movement of funds and account reporting under the PGPA Act, govern the credited amounts’ treatment and flow. The Determination itself does not restate PGPA obligations but places the payments squarely within that accounting framework.
Intergovernmental Agreement on Federal Financial Relations (IGA): Paragraph 3 defines the Intergovernmental Agreement as the IGA that took effect on 1 January 2009 and describes it as providing an overarching framework for financial transfers and related collaboration. Paragraph 8 cites Schedule D to the IGA as providing that the Commonwealth will make National Partnership payments to States for the three purposes repeated throughout the Determination. Paragraph 9 adds that National Partnerships will clearly set out the payment profile for each State. The Determination therefore operates as an Executive instrument implementing payment decisions that align to the IGA framework, while leaving the IGA and the specific National Partnership documents to set program design, payment profiles and performance reporting.
Legislative Instruments Act 2003: Paragraph 4 states that although subsection 16(5) of the Act makes the Determination a legislative instrument, section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply. This is a direct interaction that removes a parliamentary disallowance pathway that would be available for many legislative instruments.
These interactions produce a layered compliance and governance environment. The Determination authorises specific transfers under the Federal Financial Relations Act, but the COAG Reform Fund Act and the PGPA Act impose account and written agreement mechanics and reporting rules. The IGA and its National Partnership documents provide the programmatic terms, payment profiles and performance measures that inform ministerial determinations about payment under para 10. The Legislative Instruments Act is explicitly curtailed in relation to disallowance, narrowing parliamentary procedural avenues with respect to this instrument.
Practitioners should therefore read the Determination alongside the underlying statutory provisions and relevant National Partnership written agreements. The Determination is primarily an authorising and accounting instrument, not a substitute for the substantive program terms that reside in the National Partnership documents and the written agreement required under the COAG Reform Fund Act.
Amendment history
The Determination as provided contains no express amendments, revocations, or varying instruments recorded within its text. The instrument is dated 2 September 2016 and commences on the day it was made (paras 2 and the dated signature pages). The document repeats core provisions in several places but does not show any notation of amendment, no schedule titled "Amendments", and no historical notes on previous versions.
Key chronological facts available in the Determination:
Date made and commencement: The Treasurer, SCOTT JOHN MORRISON, signed the Determination, and the instrument commenced on the date it was made, recorded as 2 September 2016 (opening table and para 2). The Determination’s effect therefore begins from that date.
Single financial year cap reference: The debit limit cited (para 15) applies specifically to the financial year starting 1 July 2016. The presence of that year‑specific cap implies that similar determinations in other years would reference different caps. The Determination itself does not alter or amend prior instruments; it simply records that the cumulative total to date in 2016-17 does not exceed the debit limit (para 17).
No textual amendment provisions: The Determination does not include an internal mechanism for amendment, such as a power to vary or revoke set out in the instrument. Any amendment would be effected by a later determination under the Act. The document does not list prior determinations or repeals.
Because the provided Determination contains no amendment table or history, readers who require subsequent changes or revocations must consult the consolidated legislative instrument register, the Federal Register of Legislation, or subsequent Treasurer determinations for the 2016-17 year. The Determination stands on its face as the instrument authorising the specific payments and accounting entries for the payment date and financial year stated.
Where a practitioner needs to establish whether this Determination has been varied, they must look for later determinations under s 16 of the Act, or for instruments that explicitly amend the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016). The text provided does not supply that subsequent history.
Litigation history
The Determination does not record any litigation, and the text contains no references to judicial decisions or proceedings. There are no cited cases, challenge provisions, or recorded disputes in the instrument itself. Paragraph 4 removes disallowance by Parliament under the Legislative Instruments Act 2003, but that is a procedural matter and not a judicial outcome.
Because the Determination is an administrative act made under statutory authority, any litigation that might arise would typically centre on:
whether the Treasurer had power under s 16 of the Act to make the determinations recorded, and whether those determinations complied with statutory limits such as the debit limit in subsection 16(3) of the Act (para 15); or
whether the Commonwealth or a State complied with the written agreement obligations required by the COAG Reform Fund Act 2008 (para 7) or with the payment profile and conditions set out in the National Partnership under the IGA (paras 8-11).
None of these potential litigation topics are exemplified by actual cases or disputes in the Determination text provided. The Determination itself is an administrative record; it does not identify any disputes, litigation history, or contested application.
Practitioners seeking litigation history related to National Partnership payments should therefore search court databases and administrative review records for challenges to s 16 determinations, disputes about COAG Reform Fund written agreements, or judicial review claims about ministerial determinations under para 10. The Determination supplied offers no further litigation detail.
Gotchas
This Determination contains several features that can produce practical surprises for counsel, finance officers or State officials if not noticed. The following are concrete mechanistic items to watch for, with textual grounding.
Exemption from disallowance reduces a parliamentary check: Paragraph 4 explicitly states that although the instrument is a legislative instrument under subsection 16(5) of the Act, section 42 of the Legislative Instruments Act 2003 does not apply. The consequence is that the usual disallowance pathway in s 42 is not available. Practitioners should not assume parliamentary disallowance will be an available remedy or oversight route for this instrument.
Funds must be credited to the COAG Reform Fund before payment: Paragraph 6 cites subsection 16(2) of the Act as requiring that amounts determined under s 16(1) be credited to the COAG Reform Fund. Paragraph 13 restates that the amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016. That two‑step administrative routing matters for cash management, audit trails, and Special Account compliance under the PGPA Act. Commonwealth agencies and State treasuries should ensure book entries reflect the special account timing, not direct drawdowns.
Written agreement required for terms and conditions: Paragraph 7 records the COAG Reform Fund Act 2008 requirement for a written agreement setting terms and conditions. The Determination does not itself contain operational conditions, so the State cannot treat the Determination as the full statement of rights and obligations. All operational obligations will be found in the written agreement; failing to locate or review that agreement is a common mistake.
Performance‑conditioned payments rely on ministerial determinations and independent assessments: Paragraph 10(a) and (b) set out distinct decision processes. For reward payments, the Determination anticipates that a ministerial determination will follow receipt of an independent assessment. For facilitation/project payments, the minister or delegate will determine payment based on expenditure and reporting required by the National Partnership. This structure concentrates significant discretion in the Minister or delegate and imposes evidentiary burdens on States to supply independent assessments or conform to reporting regimes. States must ensure they understand the precise reporting and assessment criteria in the National Partnership and written agreement.
Specific payment profiles sit in National Partnerships: Paragraph 9 and para 11 state that National Partnerships will clearly set out the payment profile, and where no performance benchmark is required payments follow that profile. Practitioners should therefore consult the relevant National Partnership document for the payment schedule and not rely on the Determination alone.
Year‑specific debit limit: Paragraph 15 fixes a single year cap of $10,416,666,667 for the 2016-17 financial year. Paragraph 16 and Table 2 show cumulative determinations to date for the year. Failure to monitor cumulative determinations could lead to budget breach risk; the Determination confirms that the cumulative total at that point did not exceed the debit limit (para 17). Budget officers should treat the cap as a hard constraint that disallows further crediting once reached.
Schedule 1 and Tables are images in this instrument: The Tables and Schedule 1 are presented as images in the text supplied (image.001.png, image.002.png, image.003.png). If working from a digital feed or PDF where those images are not machine‑readable, details such as recipient names and amounts may need extraction from the authoritative published instrument. Relying on a text‑only copy without those image tables risks missing the specific amounts and State allocations.
No express recovery or penalties in the Determination: The instrument does not specify clawback or penalty provisions. Any recovery mechanics will be found in the written agreement or the National Partnership. Assuming the Determination itself contains recoupment or sanction provisions is an error.
Delegation and decision pathways not fully fleshed out here: Paragraph 10 refers to determinations by "the relevant Commonwealth Minister or delegate" but does not outline the delegation instrument or internal decision protocols. Practitioners should locate the delegation instruments and the National Partnership’s reporting rules to understand who within the Commonwealth will actually conduct assessments and determinations.
Each of these is a concrete procedural or legal point embedded in the Determination that can have material operational consequences. They are not evaluative observations but practical pointers to where the instrument’s architecture puts decision rights, reporting burdens, budget limits and oversight gaps.
How to comply
Compliance under this Determination runs across multiple actors and documents. The Determination itself imposes limited express acts but it points to the written agreements and National Partnerships as the primary loci of compliance duties. Compliance steps for both Commonwealth officials and State counterparties are as follows, grounded in the Determination text.
For Commonwealth administering agencies and the Treasurer’s office:
Process the determination under s 16(1): Ensure the Treasurer’s determination is recorded and that the amounts specified in Table 1 and Schedule 1 are scheduled for crediting on 7 September 2016 as required by para 13.
Credit to COAG Reform Fund before payment: Follow subsection 16(2) as recorded in para 6 and credit the determined amounts to the COAG Reform Fund Special Account. Ensure entries comply with PGPA Act Special Account bookkeeping rules referenced in para 6.
Maintain cumulative accounting against the debit limit: Monitor cumulative National Partnership determinations for 2016-17 and ensure total credits do not exceed the debit limit of $10,416,666,667, as required by subsection 16(3) and para 15. Update Table 2 or equivalent internal registers to track cumulative amounts, and preclude further credits if the cap would be exceeded.
Apply the decision rules where payments are conditioned: For reward payments that require independent assessment (para 10(a)), ensure procurement or appointment of independent assessors is consistent with procurement rules and that their reports are available to the relevant Minister or delegate for determination. For facilitation and project payments that depend on expenditure and performance reporting (para 10(b)), ensure that reporting frameworks specified in the National Partnership are collected, verified and supplied to the Minister or delegate.
Ensure written agreements are in place: Before disbursing funds through the COAG Reform Fund, execute the written agreements required by subsection 7(2) of the COAG Reform Fund Act 2008 as cited in para 7. The agreements must set out terms and conditions tied to the disbursement, reporting, and other obligations.
Maintain documentation for audit and PGPA compliance: As the COAG Reform Fund is a Special Account, retain transaction records and internal approvals to support PGPA Act audit and reporting requirements.
For State governments (including ACT and NT):
Identify the National Partnership terms and written agreement: Do not treat the Determination as the full statement of terms. Paragraphs 7, 8 and 9 require that terms and payment profiles are in the written agreement and the National Partnership. Secure, review and accept the written agreement that sets the terms and conditions for the grant.
Prepare to meet performance benchmarks and reporting obligations: Where payments depend on pre‑determined milestones or benchmarks, States must prepare to obtain and deliver the required evidence. For reward payments that require independent assessments (para 10(a)), understand the assessment criteria and interface with the independent assessor process. For facilitation/project payments (para 10(b)), ensure robust expenditure and performance reporting aligns with the National Partnership requirements and can be verified by Commonwealth assessors.
Rely on the scheduled payment profile where applicable: Where no benchmark is required, payment will be scheduled according to the National Partnership profile (para 11). Ensure budget and program planning accounts for that schedule and that State accounting systems are prepared to receive and apply funds as set out in the written agreement.
Coordinate with Commonwealth on timing and crediting: The Determination requires crediting to the COAG Reform Fund before payment (para 13). States should confirm timing of the credit and the expected payment date to manage cashflow.
Understand remedy and compliance obligations in the written agreement: Because the Determination does not set out clawbacks, sanctions or audit rights, States should examine the written agreement for obligations on how funds may be used, reporting frequencies, audit access and possible repayment obligations. Neglecting the written agreement’s compliance matrix is a material risk.
Ensure public accountability and reporting: While the Determination removes disallowance, separate public reporting obligations will flow from the COAG Reform Fund Act and the PGPA Act. States should ensure they are prepared to meet any publication, performance reporting and accountability obligations under those regimes and under the written agreement.
Operational notes for both sides:
Locate and extract details from Table 1 and Schedule 1: The specific recipients and dollar amounts for the 7 September 2016 payment are in Table 1 and Schedule 1. In the copy supplied these are image files; use the official Federal Register of Legislation or agency advice to obtain the authoritative, machine‑readable figures.
Clarify who is the "relevant Commonwealth Minister or delegate": Paragraph 10 references determinations by the "relevant Commonwealth Minister or delegate." Identifying who holds the relevant delegated authority and under what instrument is critical for process compliance and for knowing where appeals or reviews might be directed.
Keep audit trails and independent assessments: Where independent assessments are required, keep procurement and assessment records. The Determination places reliance on independent assessment reports for reward payments (para 10(a)), and those documents will be central to any subsequent audit or dispute.
Do not rely on parliamentary disallowance as a compliance or review route: As para 4 states, s 42 disallowance does not apply. Compliance and dispute resolution must therefore be managed through the written agreements, administrative review mechanisms, judicial review channels available for administrative acts, and the audit frameworks under the PGPA Act.
Following these steps will align practical activity with the mechanical requirements the Determination sets out. The instrument creates a framework of administrative duties and reporting expectations, but the written agreements and National Partnership documents are the operative sources for program specifics and the compliance details that attach to particular payments.
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
PArt 2 — Purpose
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
Part 3 — National Partnership Payments
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
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.
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.
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
Name of Determination Name of Determination
Name of Determination
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement Commencement
Commencement
2. This determination commences on the day on which this determination is made.
Definitions Definitions
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 111 (September 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
3. The following definitions are used throughout this determination:
Act means the Federal Financial Relations Act 2009.
COAG Reform Fund means the COAG Reform Fund established by section 5 of the COAG Reform Fund Act 2008.
Intergovernmental 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.
State includes the Australian Capital Territory and the Northern Territory.
Exemption from section 42 (disallowance) of the Legislative Instruments Act 2003
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.
PArt 2 — Purpose
Provision of financial assistance
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:
(a) support the delivery by the State of specified outputs or projects;
(b) facilitate reforms by the State; or
(c) reward the State for nationally significant reforms.
Terms and conditions
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.
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.
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.
9. National Partnerships will clearly set out the payment profile in respect of each State.
10. Where the achievement of pre‑determined milestones or performance benchmarks is required before a payment is made to a State:
(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
(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.
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.
Part 3 — National Partnership Payments
Determination
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:
(a) support the delivery by the States of specified outputs or projects;
(b) facilitate reforms by the States; or
(c) reward the States for nationally significant reforms.
Table 1: National Partnership payments for payment on 7 September 2016

13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 September 2016.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
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.
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.
Table 2: Total cumulative payments of National Partnership payments in 2016-17

17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
Provision of financial assistance Provi
This is an opening excerpt, not the complete document.