This instrument, made under s16 of the Federal Financial Relations Act 2009, directs specified amounts to be credited to the COAG Reform Fund and paid to the States on 7 November 2016 to support projects, facilitate reforms, or reward nationally significant reforms. Payments and amounts are set out in Table 1 and Schedule 1 and must not exceed the 2016–17 debit limit ($10,416,666,667).
Where payments are conditional, the relevant Commonwealth Minister or delegate decides whether to pay — for incentive payments after an independent assessment, and for facilitation/project payments after expenditure and performance reporting — with terms recorded in written agreements.
This Determination (Federal Financial Relations (National Partnership payments) Determination No. 113 (November 2016)) operates as a ministerial instrument made under section 16 of the Federal Financial Relations Act 2009. It fixes specific amounts to be paid as National Partnership payments to Australian States (including the Australian Capital Territory and the Northern Territory) and sets out the mechanical steps for how those amounts are to be credited and paid. The Treasurer (Scott John Morrison) signed and dated the instrument on 3 November 2016, and the determination commences on the day it was made (see commencement provision, para 2 and signature block).
Mechanically, the Determination does three things. First, it identifies the legal basis for National Partnership payments as subsection 16(1) of the Federal Financial Relations Act and specifies that the amounts listed in Table 1 are to be paid to the States for the purposes listed in the instrument (support delivery of specified outputs or projects; facilitate State reforms; or reward nationally significant reforms) (para 12, para 5). Second, it directs that the amounts be credited to the COAG Reform Fund prior to payment (paras 6 and 13). The COAG Reform Fund is a special account established under the COAG Reform Fund Act 2008 and treated as a Special Account under the Public Governance, Performance and Accountability Act 2013 (para 6). Third, it records and applies a debit limit on the aggregate amount that may be credited to the COAG Reform Fund for National Partnership payments in the 2016‑17 financial year, specifying the cap of $10,416,666,667 (paras 15-17).
The Determination also establishes payment mechanics for conditional payments. Where payments depend on achievement of pre‑determined milestones or performance benchmarks, the relevant Commonwealth Minister or delegate must make a determination to pay based on either an independent assessment (for incentive/reward payments) or expenditure and performance reporting set out in the relevant National Partnership agreement (for facilitation or project payments) (paras 10(a)-(b)). Where no benchmark is required, the payment schedule in the National Partnership governs timing (para 11). Finally, the instrument records that it is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but that section 42 (disallowance) of that Act does not apply (para 4). Schedule 1 and Tables 1 and 2 contain the detailed amounts and cumulative totals (paras 12-17, Schedule 1), although the amounts are presented in embedded images in the supplied text.
Current sections
Direct links to the current provisions in Federal Financial Relations (National Partnership payments) Determination No. 113 (November 2016).
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 113 (November 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 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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. 113 (November 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. 113 (November 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 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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. 113 (November 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 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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 November 2016
Table 1: National Partnership payments for payment on 7 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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 $10,416,666,667.
16. The amounts specified in Table 2 are the total amounts determined in the 2016-17 financial year in respect of National Partnership payments under section 16 of the Act, including this determination.
Table 2: Total cumulative payments of Na
Table 2: Total cumulative payments of National Partnership payments in 2016-17
Table 2: Total cumulative payments of National Partnership payments in 2016-17
17. The total amount determined for National Partnership payments to date in the 2016-17 financial year does not exceed the debit limit.
SChedule 1
SChedule 1
Amounts of National Partnership Payments for payment on 7 November 2016 ($)
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 113 (November 2016).
Commencement
2. This determination commences on the day on which this determination is made.
Definitions
This Determination therefore implements specified payments, prescribes their accounting pathway (COAG Reform Fund special account), confines them within an explicit debit cap for the year, and delegates the on/off payment decisions for conditional amounts to Commonwealth ministerial determination supported by independent or contractual reporting mechanisms.
Main concepts
The Determination is organised around a small set of recurring legal and financial concepts. Explicit definitions and references anchor each concept to legislative provisions named in the instrument.
National Partnership payments: Payments made by the Commonwealth to States under the framework of the Intergovernmental Agreement on Federal Financial Relations (the IGA). The Determination states that National Partnership payments are made to support specified outputs/projects, to facilitate reforms, or to reward nationally significant reforms (paras 5, 8).
COAG Reform Fund: The special account through which amounts determined under subsection 16(1) of the Federal Financial Relations Act must be credited before payment (paras 6, 13). The Determination refers to the COAG Reform Fund Act 2008 which established the fund (para 6) and to the PGPA Act 2013, which treats the COAG Reform Fund as a Special Account.
Payment profile and National Partnership agreements: The Determination repeatedly points to the National Partnership instrument (or agreements) as the document that will "clearly set out the payment profile in respect of each State" and that will set out expenditure and performance reporting arrangements (para 9, para 10(b)). The Determination therefore delegates many of the detailed terms and timing of payments to the National Partnership agreements.
Pre‑determined milestones and performance benchmarks: The Determination distinguishes between payments that are conditional on milestones/benchmarks and those that are not. For conditional payments the Determination prescribes the decision‑maker and the evidentiary mechanism: for reward payments, a ministerial decision informed by independent assessment (para 10(a)); for facilitation/project payments, a ministerial decision based on expenditure and performance reporting set out in the National Partnership (para 10(b)). Where no benchmark is required, the payment profile in the National Partnership governs timing (para 11).
Debit limit: A statutory cap on the aggregate amount to be credited to the COAG Reform Fund for National Partnership payments in the specified financial year. For 2016-17 that cap is specified as $10,416,666,667 (paras 15-17). The Determination records cumulative totals in Table 2 and confirms compliance with the cap (para 17).
Ministerial determination and delegation: The Determination is issued by the Treasurer pursuant to section 16 of the Federal Financial Relations Act (signature at the front, para 12). Separately, the Determination contemplates that the "relevant Commonwealth Minister or delegate" will make determinations about whether certain payments will be paid, based on independent assessment or reporting arrangements (para 10).
Legislative instrument status and disallowance exemption: The instrument notes its status as a legislative instrument under section 16(5) of the Federal Financial Relations Act and states that section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply in this case (para 4). That changes the procedural oversight route ordinarily associated with legislative instruments.
These core concepts structure how payments are authorised, evidenced, accounted and controlled. The Determination repeatedly links operational detail (timing, reporting, evidence) to National Partnership agreements and to ministerial determinations rather than setting specific operational obligations within the body of the Determination itself. The Schedule and Tables provide the only itemised monetary detail in the instrument, but in the supplied text these are embedded as images rather than machine‑readable tables.
Who it affects
The Determination creates and clarifies roles and financial flows among several actor groups. The parties that the instrument directly affects, by duties or rights specified in the text, are the Commonwealth (through the Treasurer and relevant Ministers or delegates), the COAG Reform Fund (as the accounting vehicle), and the States (including ACT and NT) as recipients. Indirectly, it affects agencies and personnel responsible for negotiating, executing and reporting under National Partnership agreements, independent assessors, internal and external auditors, and ultimately Commonwealth and State budget and program managers.
The Commonwealth: The Treasurer signs the Determination under s16 of the Federal Financial Relations Act (instrument header and signature). The Determination contemplates that a relevant Commonwealth Minister or delegate will decide whether conditional payments are payable, based on independent assessments or reporting set out in the National Partnership (para 10). The instrument also requires Commonwealth accounting treatment: amounts must be credited to the COAG Reform Fund as a Special Account before payment (paras 6 and 13). The Commonwealth therefore retains both budgetary control over when funds are credited and operational discretion about whether funds are released when payments are conditional.
The States: The Determination designates States (explicitly including the ACT and NT) as recipients of the specified amounts in Table 1 (para 12). States receive funds to support specified outputs or projects, to facilitate reforms, or to be rewarded for nationally significant reforms (para 5). The Determination also ties the giving of financial assistance to written agreements,subsection 7(2) of the COAG Reform Fund Act requires that terms and conditions be set out in a written agreement between the Commonwealth and the State (para 7). States will therefore have to enter written National Partnership agreements to obtain or clarify entitlements, reporting obligations and milestone definitions.
COAG Reform Fund and finance/accounting officers: The COAG Reform Fund is cited as the special account to which funds must be credited; program finance officers must ensure that amounts are credited and then paid from that account, in line with PGPA Act requirements (para 6). Budget managers must also track the debit limit for the financial year and the cumulative amounts determined, as shown in Table 2 (paras 15-17).
Independent assessors and reporting entities: For incentive/reward payments, the Determination explicitly requires independent assessment before ministerial determination to pay (para 10(a)). For facilitation/project payments, the minister’s decision is to be "based upon expenditure and performance reporting arrangements set out in the National Partnership" (para 10(b)). This creates demand for independent assessors and places reporting obligations on the State agencies delivering the projects or reforms.
Audit and oversight bodies: While the Determination sets the payment mechanics, it does not itself set out audit penalties. However the use of a Special Account under the PGPA Act and the requirement for written agreements imply that Commonwealth and State auditors (including Auditor‑General offices) and internal audit functions will have an interest in compliance with the reporting and expenditure conditions referenced in the National Partnership agreements (paras 6-7, 10).
Parliamentarians and legislative review: The Determination records that it is a legislative instrument but explicitly notes that section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply (para 4). That procedural detail affects how Parliament may (or may not) exercise disallowance power over this Determination.
In summary, the instrument places budgetary authority and conditionality with Commonwealth actors while placing the practical delivery and reporting workload on States and the independent assessors they (or the Commonwealth) engage. The financial ceiling and the requirement to use the COAG Reform Fund also involve Commonwealth finance agencies and auditors as operational stakeholders.
Key duties and rights
The Determination establishes a set of concrete duties for the Commonwealth and for States, and notes certain rights and decision points. The duties arise from the Determination itself, and by reference to the Federal Financial Relations Act, the COAG Reform Fund Act and the Intergovernmental Agreement referenced in the instrument.
Duties and rights of the Commonwealth
Determination power: The Treasurer, acting under subsection 16(1) of the Federal Financial Relations Act, determines amounts to be paid to States; this right is exercised in the instrument by the Treasurer who made the Determination (signature block and para 12). The Determination thereby records the Treasurer’s exercise of that statutory power.
Accounting duty: Amounts determined must be credited to the COAG Reform Fund before payment (paras 6 and 13). This creates an accounting duty on Commonwealth finance officials to credit amounts to the designated special account prior to disbursement.
Debit limit observance: The Commonwealth has the duty to ensure that total credits to the COAG Reform Fund for National Partnership payments in 2016-17 do not exceed the debit limit of $10,416,666,667 (paras 15-17). The Determination records cumulative totals to show compliance with this cap (Table 2; para 17).
Conditional payment decision: For payments contingent on milestones or benchmarks, the relevant Commonwealth Minister or delegate must make the determination as to whether payment is to be made, informed by independent assessment or the reporting set out in the National Partnership (para 10). This confers a decision‑making role (and corresponding procedural duty to consider relevant evidence) on the Minister or a delegated official.
Duties and rights of States
Entitlement to payments: States are the named recipients of the amounts specified in Table 1 (para 12). Their right to receive funds is governed by the terms of the respective National Partnership agreements and by whether required benchmarks or reporting arrangements have been met (paras 9-11).
Agreement requirement: Under subsection 7(2) of the COAG Reform Fund Act 2008, terms and conditions on which financial assistance is granted through the COAG Reform Fund must be set out in a written agreement between the Commonwealth and the State (para 7). States therefore have the duty to negotiate and enter written agreements if they are to receive funds, and a corresponding right to have payment terms and conditions set out in that agreement.
Reporting obligations: The Determination ties facilitation and project payments to the expenditure and performance reporting arrangements set out in the National Partnership (para 10(b)). States therefore have a duty to comply with those reporting arrangements to trigger payment, and a right to rely on those arrangements once agreed.
Third‑party duties
Independent assessment: Where incentive/reward payments require achievement of a pre‑determined benchmark, the Determination requires receipt of an independent assessment as a precondition for the Commonwealth Minister’s determination to pay (para 10(a)). This imposes a duty to commission or accept an independent assessment and to provide it to the Commonwealth decision‑maker.
Accounting officers and auditors: The requirement to use the COAG Reform Fund and to comply with PGPA Act requirements places duties on Commonwealth accounting officers to record transactions correctly, and will engage audit functions overseeing compliance with written agreements and reporting.
Notably absent from the Determination are express statutory penalties or enforcement provisions. The instrument does not set fines or criminal liability; rather, it ties payment to conditional evidence and ministerial determinations (paras 10-11). Any remedies or sanctions for non‑compliance, or repayment obligations, are therefore likely to be framed in the National Partnership agreements or other statutes rather than within this Determination itself. The Determination does, however, establish rights of ministerial discretion and requires adherence to the COAG Reform Fund and written agreement processes, which in practice determine whether payments are made.
Penalties and enforcement
The Determination itself does not create specific criminal or civil penalties. It establishes payment conditions and decision points that operate as the primary enforcement mechanism: payments are either made or withheld depending on documentary evidence, reporting and ministerial decisions. Where the Determination requires achievement of pre‑determined milestones or performance benchmarks, the relevant Commonwealth Minister or delegate must determine whether payment will be made following receipt of an independent assessment (in the case of reward payments) or based on the expenditure and performance reporting arrangements set out in the National Partnership (in the case of facilitation or project payments) (para 10). That structure creates a conditional funding regime where enforcement occurs through non‑payment or delayed payment rather than through explicit statutory penalties listed in the Determination.
Key enforcement mechanisms and instruments implied by the Determination
Ministerial determination: The principal enforcement lever is the Commonwealth Minister's (or delegate’s) power to decide whether payment is payable. The Determination requires ministerial action to release funds where conditions apply (para 10). The ministerial determination is therefore the functional enforcement step: if the Minister or delegate concludes that benchmark or reporting requirements have not been met, the payment will not be made.
Independent assessments and reporting: Where independent assessments are required (reward payments), the Determination requires receipt of that assessment before the Minister will make a determination to pay (para 10(a)). For facilitation/project payments, the determinations are based on agreed reporting and expenditure records (para 10(b)). The availability, quality and timing of these assessments and reports therefore serve as practical enforcement instruments: absence or failure of the evidence will justify non‑payment.
Written agreements: Subsection 7(2) of the COAG Reform Fund Act requires terms and conditions to be set out in a written agreement between the Commonwealth and the State (para 7). Those written agreements typically contain clauses that specify repayment obligations, audit rights, and remedies for breach. The Determination embeds that requirement by reference; enforcement clauses themselves are likely to be found in the National Partnership agreements rather than in this Determination.
Accounting constraints: The Determination requires credited amounts to the COAG Reform Fund prior to payment (paras 6, 13), and the application of a debit limit for the financial year (paras 15-17). Financial control by Commonwealth finance agencies, including refusal to credit or disburse funds where conditions are unmet, is therefore an enforcement mechanism rooted in budget and accounting practice.
What the Determination does not do
No statutory fines or criminal sanctions: The instrument contains no provisions creating new statutory offences, pecuniary penalties, or personal liability for officials. It relies on contractual and administrative levers.
No administrative penalties within the Determination: The instrument does not specify clawback procedures, repayment schedules or interest for overpayments or non‑compliance; it instead points to written agreements and National Partnership arrangements as the place where terms and conditions will be recorded (para 7). Any such enforcement measures must therefore be located in those agreements or in other statutory instruments.
Limited parliamentary oversight avenue: The Determination explicitly states that section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to this instrument (para 4). That procedural fact affects the capacity of Parliament to disallow the Determination as a legislative instrument and therefore alters one layer of democratic oversight over the Determination itself.
In practice, enforcement will depend on the content of the written National Partnership agreements and on ministerial determinations made at the time payments are due. Auditors and accounting officers will enforce standards through review and refusal to authorise payments if required evidence is absent or inadequate, while the primary practical consequence of non‑compliance is withholding of payments rather than imposition of statutory penalties within this Determination.
How it interacts with other laws
The Determination is explicitly cross‑referenced to several statutes and intergovernmental instruments, and it operates within that legal nexus. The instrument does not stand alone; rather, it uses the Federal Financial Relations Act 2009 as its statutory authorising head, and it imports key procedural and contractual obligations from the COAG Reform Fund Act 2008, the Intergovernmental Agreement on Federal Financial Relations (the IGA) and the Public Governance, Performance and Accountability Act 2013 (PGPA Act). It also records a procedural interaction with the Legislative Instruments Act 2003.
Primary statutory interactions
Federal Financial Relations Act 2009: The Determination is made under section 16 of that Act (see the instrument header and paras 12 and elsewhere). The Act supplies the Ministerial power to determine amounts for National Partnership payments and sets the legislative boundary within which the Determination operates (para 12). Subsections of s16 are invoked in the Determination: subsection 16(1) is the granting power; subsection 16(2) requires amounts determined under subsection 16(1) to be credited to the COAG Reform Fund; and subsection 16(3) imposes the debit limit (paras 6, 15). The Determination explicitly references these mechanics (paras 6, 15).
COAG Reform Fund Act 2008: The Determination cites the COAG Reform Fund Act as establishing the COAG Reform Fund and setting the requirement that terms and conditions on which financial assistance is granted through the fund be put in writing between the Commonwealth and the State under subsection 7(2) (paras 6-7). The Determination therefore imports written agreement obligations from the COAG Reform Fund Act.
Public Governance, Performance and Accountability Act 2013 (PGPA Act): The Determination notes that the COAG Reform Fund is a Special Account for the purposes of the PGPA Act (para 6). That treatment imposes PGPA accounting and governance obligations on how the COAG Reform Fund is managed, including appropriation, withdrawal, financial reporting and audit obligations, although the specific PGPA provisions are not repeated in the Determination.
Intergovernmental Agreement on Federal Financial Relations (IGA): The Determination cites the IGA and specifically Schedule D , Payment Arrangements , as providing that the Commonwealth will make National Partnership payments to States for the purposes described (para 8). The Determination relies on the IGA to define the policy framework within which National Partnerships operate and to allocate the responsibility for setting the payment profiles in National Partnership agreements.
Legislative Instruments Act 2003: The Determination declares itself a legislative instrument under subsection 16(5) of the Federal Financial Relations Act but states that section 42 (the parliamentary disallowance regime) of the Legislative Instruments Act does not apply to it (para 4). That interaction affects the statutory procedural review and potential disallowance pathways available to Parliament with respect to this instrument.
Operational and contractual interactions
National Partnership agreements: The Determination repeatedly delegates operational detail to National Partnership agreements , payment profiles, reporting arrangements and milestone definitions are to be set out in those agreements (paras 9-11). The Determination therefore functions as a high‑level authorisation that requires execution of, and compliance with, contractual terms negotiated bilaterally between the Commonwealth and each State.
Independent assessment and ministerial determination: Where reward payments are conditional on achieving pre‑determined performance benchmarks, the Determination requires receipt of an independent assessment before the relevant Commonwealth Minister will make a determination to pay (para 10(a)). That requires procedural interactions with third parties retained to perform independent assessments, and it can trigger related procurement and contract law considerations.
Budgetary and appropriation rules: By enforcing that amounts be credited to the COAG Reform Fund (a Special Account) and by imposing a debit limit for the year, the Determination interacts with Commonwealth appropriation law and Budget procedures. Finance officers must record and manage the amounts to ensure compliance with the PGPA Act and the debit limit in subsection 16(3) of the Federal Financial Relations Act (paras 6, 15-17).
Limits of the Determination’s legal reach
No exhaustive contract terms: The Determination does not purport to contain the full terms and conditions of payment. It rather requires that those terms be set out in written agreements as mandated by the COAG Reform Fund Act (para 7). Therefore, legal remedies, clawback provisions, dispute resolution, audit rights and specific reporting formats are located in those agreements and not in the Determination.
No criminal offences within instrument: The Determination contains no express criminal or pecuniary sanctions; enforcement is administrative and contractual (paras 10-11).
Parliamentary oversight constrained: The declaration that s42 of the Legislative Instruments Act does not apply narrows one statutory avenue for parliamentary disallowance or challenge of the instrument itself (para 4).
In sum, the Determination functions as a coordinating legal instrument that sets out how federal payments are to be authorised and channeled, while delegating much of the operational, evidentiary and remedial detail to National Partnership agreements and to the statutory rules of the COAG Reform Fund and PGPA Act.
Amendment history
The Determination document supplied is dated and signed on 3 November 2016 and expressly describes itself as Federal Financial Relations (National Partnership payments) Determination No. 113 (November 2016). The text includes repeated copies of the same provisions and duplicates of headings and paragraphs, but there are no amendment clauses, schedules of prior amending instruments, or notes in the supplied text that record any subsequent amendment history or replacement by later determinations. The instrument states that it "commences on the day on which this determination is made" (para 2), which confirms the effective date as the signing date shown in the signature block (3 November 2016).
What is recorded in this Determination relevant to amendment and limits
No amendment schedule: The instrument contains no express amendment or repeal clause for prior determinations within the text provided. It does not list earlier Determination numbers it supersedes or modifies, and it does not include a repeal schedule.
One‑off date and number: The Determination is labelled with a number and date (No. 113, November 2016), which is the form used for one‑off determinations under s16 of the Federal Financial Relations Act. That numbering convention suggests that comparable determinations may exist for other payment dates, but the supplied text does not reference any prior or subsequent determinations.
Debit limit is financial year specific: The Determination records a debit limit for the financial year beginning 1 July 2016, specifically applying subsection 16(3) of the Federal Financial Relations Act to cap the total amount credited to the COAG Reform Fund for National Partnership payments for that year at $10,416,666,667 (para 15). This cap is specific to the 2016‑17 financial year and does not itself amend statutory debit limits; it simply records an application of subsection 16(3) for that financial year. Any future financial years would require separate determinations or continuing application of statutory caps defined by the Federal Financial Relations Act.
Table and Schedule contents fixed as at date: The Determination fixes amounts (in Table 1 and Schedule 1) to be paid on 7 November 2016 (para 13). Those amounts were to be credited to the COAG Reform Fund and paid on that date. Any subsequent changes to those specified amounts would require a fresh determination or a separate instrument, which the supplied text does not include.
How to treat absence of recorded amendments
If an updated payment or an amending instrument exists, it is not reflected in the text provided. Practitioners relying on precise monetary figures or on current debit limits should confirm via official Commonwealth legislative and financial registers for any later determinations, amendments or subsequent instruments that affect National Partnership payments and the COAG Reform Fund.
The supplied Determination does not contain a register of amendments; therefore, one must consult the Federal Register of Legislation or the Department of Finance records to locate later determinations, rescissions or modifications affecting National Partnership payments.
In short, the Determination as supplied shows a single date of commencement and no internal amendment history. The absence of amendments in the text is a factual statement about this instrument; it does not indicate whether other subsequent determinations exist unless checked against the authoritative legislative register.
Litigation history
The Determination text provided does not identify any cases, disputes or litigation arising from this specific Determination. It does not cite judicial decisions, tribunal rulings, or references to litigation involving the instrument. The document includes only statutory references and administrative procedures for payment, conditionality, and accounting; it does not record any legal challenges or court rulings.
What is present in the source
No cases named: The instrument contains no references to court decisions, no case law citations, and no recorded litigation outcomes.
Procedural references only: The instrument focuses on the statutory basis for payments (section 16 of the Federal Financial Relations Act), the COAG Reform Fund mechanics, the Intergovernmental Agreement and reporting/assessment arrangements. It outlines administrative decision points (ministerial determinations, independent assessments) rather than adjudicative or remedial outcomes that might have spawned litigation.
Implications for practitioners
If litigation has arisen in relation to the Determination or the National Partnership payments authorised by it, such litigation is not recorded in the instrument. Practitioners seeking precedential or adjudicative material will need to search court databases and legal reporting services for disputes concerning National Partnership payments made in November 2016 or disputes about the COAG Reform Fund and related National Partnership agreements.
Any legal claims concerning non‑payment, dispute over whether a performance benchmark was met, the independence of an assessment, or the validity of ministerial determinations would likely be litigated under administrative law principles. However, the Determination itself does not supply or summarise such litigation.
Bottom line: the supplied Determination contains no litigation history. For any litigation or case law concerning this Determination or the payments authorised on 7 November 2016, consult external judicial records or targeted searches of administrative law decisions.
Gotchas
This Determination contains several practical features and potential pitfalls that practitioners, State officials, and auditors should note. These are not judgements about policy but pointered descriptions of where implementation risk, ambiguity or administrative friction is likely to arise given the text of the instrument.
Disallowance exemption is explicit
The instrument states that subsection 16(5) of the Act provides that the determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply (para 4). That alters the routine parliamentary oversight route applicable to legislative instruments. Practitioners should not assume that the normal disallowance scrutiny applies; the Determination itself removes that specific procedural remedy.
Key details are delegated to National Partnership agreements
The Determination sets out high‑level purposes and mechanics but delegates the detailed payment profile, reporting requirements and the precise conditions for release to National Partnership agreements (paras 9-11). If an obligation or remedy is not found in this Determination, it will usually be located in the corresponding National Partnership agreement, which must be consulted to understand operational obligations.
Independent assessment is required for reward payments but "independent" is not defined
For payments to "reward nationally significant reforms," the Determination requires that the Minister determine whether payment will be made following receipt of an independent assessment that a pre‑determined benchmark has been achieved (para 10(a)). The Determination does not define what constitutes an independent assessor, what standards apply, who commissions the assessment, or dispute resolution if the parties disagree about the assessment’s findings.
Ministerial discretion and delegation raise procedural risk
The Determination vests the decision about whether a conditional payment is payable in the "relevant Commonwealth Minister or delegate" (para 10). That introduces administrative discretion and the potential for procedural disputes about delegation, the adequacy of reasons, or the evidence relied upon. Recipients should ensure National Partnerships specify evidence protocols to reduce uncertainty.
Accounting pathway and timing matters
Amounts must be credited to the COAG Reform Fund (a Special Account) before payment (paras 6, 13). Operational finance teams must coordinate Commonwealth crediting and State claim processes to ensure timing alignment. The instrument sets a specific payment date (payment on 7 November 2016, para 13), which places deadlines on documentation and reporting for that payment cycle.
Debit limit is a hard annual cap
The Determination records the statutory debit limit for the 2016-17 financial year as $10,416,666,667 (para 15). Table 2 records cumulative determined amounts and confirms the total to date did not exceed the limit (para 17). Practitioners should check the cumulative calculation in Table 2 and ensure future determinations account for prior credits to avoid breaching the cap.
Schedule and Tables are presented as images in the provided text
In the supplied file, Table 1, Table 2 and Schedule 1 appear as embedded images rather than text (paras 12-14, 16; Schedule 1). This is a practical gotcha for anyone relying on machine‑readable extraction. To confirm exact monetary figures and their allocation across States and specific National Partnership items, consult the original published PDF or the Federal Register of Legislation entry to obtain the authoritative tables.
Enforcement measures are indirect
The Determination lacks specific statutory sanctions; enforcement is through conditionality, ministerial decisions and the terms in written agreements (paras 7, 10). Parties negotiating National Partnership agreements should therefore ensure that those agreements set out clear remedies, repayment clauses, audit rights and dispute resolution procedures.
Repetition and duplication in the supplied text
The Determination file as provided repeats portions of text verbatim and duplicates headings. Practitioners should rely on the officially published instrument to avoid confusion introduced by duplication in the provided copy.
The Determination relies on external documents and processes (the IGA Schedule D, National Partnership agreements, independent assessments, PGPA Act accounting procedures). Each external dependency is a potential source of delay or dispute if not carefully specified and coordinated.
In practice these gotchas mean parties must review allied documents (National Partnership agreements, COAG Reform Fund Act provisions, PGPA Act requirements), specify assessment and reporting standards, coordinate finance timetables to meet payment dates, and confirm figures against authoritative published sources.
How to comply
Compliance with this Determination requires coordinated action by Commonwealth officials (Treasury and finance), State agencies, and the administrative teams managing the relevant National Partnership agreements. Below is a practical checklist and set of steps grounded in the instrument’s text.
Confirm legal and accounting basis
Ensure the determination was correctly made under section 16 of the Federal Financial Relations Act and that you are consulting the authoritative version signed on 3 November 2016 (para 12 and signature). For accounting, confirm that all amounts will be credited to the COAG Reform Fund before payment, per the Determination and the COAG Reform Fund Act (para 6, para 13).
Review and execute written National Partnership agreements
The COAG Reform Fund Act requires terms and conditions of grants through the COAG Reform Fund to be set out in a written agreement between the Commonwealth and the State (para 7). Ensure the National Partnership agreement is executed, contains the payment profile, specifies eligibility criteria, sets reporting formats, defines the benchmarks/milestones, and includes remedies and dispute resolution procedures.
Specify assessment and reporting protocols
Where payments are conditional on pre‑determined milestones or performance benchmarks, ensure the National Partnership agreement states:
Who commissions independent assessments (for reward payments);
What standards and methodologies the independent assessor must follow;
Timing and format for submission of expenditure and performance reports (for facilitation/project payments);
Processes for addressing disputes about assessments or reporting.
The Determination requires an independent assessment for reward payments and references expenditure and performance reporting for facilitation/project payments (para 10(a)-(b)).
Coordinate ministerial decision processes
Where payments are conditional, ensure that the evidence required for the "relevant Commonwealth Minister or delegate" is collated and delivered in a form that supports timely ministerial determinations. Document the chain of delegation and the evidence package to avoid delays or procedural challenges (para 10).
Manage the COAG Reform Fund accounting steps
Finance officers must ensure amounts are credited to the COAG Reform Fund before release. Confirm PGPA Act Special Account treatment, record transactions accurately, and retain documentation supporting credits and withdrawals (paras 6, 13). Align Commonwealth crediting timing with State claims and project expenditure cycles.
Track the debit limit and cumulative amounts
The Determination records a statutory cap for the 2016-17 financial year ($10,416,666,667) and shows cumulative determined amounts in Table 2 (paras 15-17). Maintain a running tally of amounts credited to the COAG Reform Fund for National Partnership payments to ensure the annual limit is not exceeded. If approaching the cap, seek advice for a separate determination or alternative funding authorisation.
Prepare for audits and reviews
Given the COAG Reform Fund’s status as a Special Account under the PGPA Act and the reporting requirements in National Partnerships, prepare audit‑grade records of expenditure, program outputs, milestones achieved, and independent assessments. Ensure internal and external auditors can verify compliance with National Partnership reporting formats and with ministerial determinations.
Retain documentary evidence for ministerial decisions
Keep a documented evidence package for each conditional payment that includes the independent assessment (if applicable), expenditure statements, performance reports, and any correspondence with the Commonwealth. Ministers’ determinations will be based on this material (para 10).
Confirm amounts and allocations in authoritative sources
As the supplied copy of the Determination contains embedded images for Table 1, Table 2 and Schedule 1, confirm the precise figures and State allocations using the official published instrument on the Federal Register of Legislation or the Department of Finance records to avoid transcription errors (paras 12-14, 16).
Coordinate dispute resolution and remedies in agreements
Because the Determination itself provides no explicit statutory penalties or clawback provisions, ensure National Partnership agreements include explicit clauses dealing with ineligible expenditure, repayment obligations, interest on overpayments, audit access and dispute resolution. These clauses are the practical enforcement tools when obligations are breached (para 7).
By following these steps,anchored to the Determination’s requirements for written agreements, independent assessments, ministerial determinations and accounting via the COAG Reform Fund,States and Commonwealth agencies can align operational practice with the instrument’s legal mechanics. Where ambiguity exists (for example, the definition of "independent assessment" or delegation processes), negotiate explicit contractual definitions in the National Partnership agreement to reduce the risk of disagreement at payment time.
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 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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. 113 (November 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. 113 (November 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 November 2016
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 November 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 a
This is an opening excerpt, not the complete document.