This Determination directs the Commonwealth to credit specified amounts to the COAG Reform Fund and pay National Partnership grants to States on 7 April 2017 to support projects, facilitate reforms or reward nationally significant reforms. It makes the Commonwealth the payer and the States the recipients, links some payments to ministerial determinations based on independent assessment or reporting (10–12), and operates within a $25 billion annual debit limit (15).
This instrument, the Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017), is a ministerial determination made under section 16 of the Federal Financial Relations Act 2009. It directs that specified amounts (set out in the instrument’s Table 1 and Schedule 1) are to be credited to the COAG Reform Fund and paid to the States for the statutory purposes set out in the Act: to support delivery of specified outputs or projects, to facilitate State reforms, or to reward nationally significant reforms (see para 12 and para 5). The determination commences on the day it is made (para 2) and is executed by the Assistant Minister to the Treasurer, recorded as dated 3 April 2017.
Mechanically, the instrument performs these functions:
it invokes subsection 16(1) of the Federal Financial Relations Act 2009 to specify amounts to be paid to named States for National Partnership payments (para 12 and Table 1);
it instructs that the amounts be credited to the COAG Reform Fund prior to payment to the States (paras 6 and 13);
it records and confirms a cumulative debit cap for the 2016-17 financial year under subsection 16(3) of the Act, namely that total credits to the COAG Reform Fund for National Partnership payments in that financial year must not exceed $25,000,000,000.00 (para 15), and states the instrument’s contribution to the cumulative total (paras 16-17).
The instrument also sets out decision and payment mechanics where payment is conditional on performance. Where a National Partnership requires pre‑determined milestones or performance benchmarks, the relevant Commonwealth Minister or delegate will make a determination, in the case of reward payments, following receipt of an independent assessment on achievement of a benchmark (para 10(a)), and, in the case of facilitation or project payments, based on expenditure and performance reporting arrangements in the National Partnership (para 10(b)). Where a National Partnership does not require benchmark achievement before payment, payments are scheduled according to the payment profile in the National Partnership (para 11).
Current sections
Direct links to the current provisions in Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017).
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017).
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 Legislation 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 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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. 118 (April 2017).
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 Legislation Act 2003 does not apply to this determination.
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017).
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 Legislation 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 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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. 118 (April 2017).
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 Legislation 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 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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 April 2017
Table 1: National Partnership payments for payment on 7 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
Debit limits
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017).
Commencement
2. This determination commences on the day on which this determination is made.
Finally, the determination is a legislative instrument but is exempt from disallowance under section 42 of the Legislation Act 2003 by operation of subsection 16(5) of the Federal Financial Relations Act 2009 (para 4). The instrument repeats definitions and cross-references to related statutes and intergovernmental instruments, notably the COAG Reform Fund Act 2008 (s 5 and s 7(2) are invoked in paras 6-7) and the Intergovernmental Agreement on Federal Financial Relations (Schedule D , Payment Arrangements) (para 8).
All operational consequences and conditionalities in this analysis are taken from the instrument’s own text as reproduced in this source. The instrument relies on bilateral National Partnership agreements and on departmental processes to determine and make payments, and it confirms the existence of a statutory debit limit for the relevant financial year.
Main concepts
The instrument organises three primary legal and fiscal concepts: National Partnership payments, the COAG Reform Fund as the vehicle for those payments, and the decision rules that determine when the Commonwealth pays States under those partnerships.
National Partnership payments. The instrument implements payments described in the Intergovernmental Agreement on Federal Financial Relations, specifically “Schedule D , Payment Arrangements” (para 8). It frames National Partnership payments as grants of financial assistance to States for three purposes: supporting delivery of specified outputs or projects, facilitating reforms, or rewarding nationally significant reforms (para 5 and para 12). Those three purposes are repeated throughout the instrument and define the permissible uses of the specified payments.
COAG Reform Fund and Special Account mechanics. The instrument records statutory linkages to the COAG Reform Fund. Subsection 16(2) of the Federal Financial Relations Act is cited to require that amounts determined under subsection 16(1) be credited to the COAG Reform Fund (para 6). The COAG Reform Fund Act 2008 is invoked to locate the Fund as a Special Account under the Public Governance, Performance and Accountability Act 2013 (para 6). The instrument therefore relies on special-account accounting rules under the PGPA framework to hold and disburse funds, creating the administrative pathway: Commonwealth credit to COAG Reform Fund, then disbursement to States.
Conditionality and decision-making. The instrument distinguishes two decision tracks where payments depend on performance:
Incentive/reward payments: where pre-determined performance benchmarks must be met, the relevant Commonwealth Minister or delegate will decide whether to pay only after receipt of an independent assessment as to whether the benchmark has been achieved (para 10(a)). The decision rests with the Minister or delegate but is triggered by receipt of an independent assessment.
Facilitation or project payments: where payments support reform facilitation or project delivery and are tied to reporting, the Minister or delegate will determine payment based on expenditure and performance reporting arrangements set out in the relevant National Partnership (para 10(b)).
Where no benchmark-based trigger exists, payments follow the payment profile in the National Partnership (para 11). National Partnerships are therefore the bilateral instruments that set the payment profile, reporting and milestone arrangements (paras 8-9).
Debit limit. The instrument records a statutory debit ceiling applicable to the financial year beginning 1 July 2016: under subsection 16(3) of the Act the total amount credited to the COAG Reform Fund for National Partnership payments that year must not exceed $25,000,000,000.00 (para 15). The instrument provides a cumulative accounting statement in Table 2 and affirms compliance with the limit (para 17).
Instrument status and procedural detail. The instrument is explicitly a legislative instrument (para 4), but a specific exemption applies: section 42 (disallowance) of the Legislation Act 2003 does not apply to this determination (para 4). The instrument also defines key terms , Act, COAG Reform Fund, Intergovernmental Agreement, and State (which includes the ACT and NT) , to clarify its reach (para 3).
Taken together, the main concepts create a framework where the Commonwealth uses the COAG Reform Fund to make National Partnership payments under bilateral National Partnership agreements, with payments either scheduled or contingent upon milestone/benchmark achievement verified by reporting or independent assessment, subject to a statutory aggregate debit limit in the financial year.
Who it affects
The instrument explicitly names and affects a confined set of public parties and, indirectly, the public sector and taxpayers.
Primary direct addressees
The Commonwealth: the instrument is made by the Assistant Minister to the Treasurer under section 16 of the Federal Financial Relations Act 2009. Operational decisions about whether to pay conditional amounts rest with the relevant Commonwealth Minister or delegate, as stated in paras 10(a)-(b) and para 12. The Commonwealth also carries the duty to credit the COAG Reform Fund and to ensure payments are credited before disbursement (paras 6 and 13).
The States: the instrument authorises payments to the States specified in Table 1 and Schedule 1 for the defined purposes (para 12 and para 13). “State” is defined to include the Australian Capital Territory and the Northern Territory (para 3). Each State is a recipient of grants of financial assistance under National Partnerships.
Bilateral and institutional actors
The COAG Reform Fund: identified as the Special Account through which amounts are credited and from which payments are made (paras 6 and 13). The COAG Reform Fund Act 2008 and the PGPA Act govern its operation (para 6).
Independent assessors: for incentive/reward payments (para 10(a)), the instrument requires an independent assessment to be received before the Minister or delegate determines whether to pay. That brings non-government assessors or auditors into the process, at least functionally, where National Partnerships require them.
Administrative and compliance roles
Commonwealth departmental officials and delegates: the instrument contemplates decision-making delegated from the relevant Commonwealth Minister and the practical application of expenditure and performance reporting frameworks contained in National Partnerships (paras 10(b) and 11).
State officials: States must comply with the written agreement requirement under the COAG Reform Fund Act 2008 s 7(2), and with the reporting and milestone arrangements established in the bilateral National Partnership agreements (paras 6-7 and 9-11).
Indirectly affected groups
Taxpayers: funding originates at the Commonwealth level and is credited to the COAG Reform Fund; ultimately taxpayers fund the payments. The instrument itself does not set taxation policy but determines flows of public funds.
Public service delivery organisations and project contractors: where National Partnerships fund specified outputs, projects or reforms, State agencies and their contracted providers will experience changes in cash flow and reporting obligations tied to the National Partnership’s payment profile and milestone requirements.
Not affected by the instrument
Private parties or third parties not party to a National Partnership do not have rights under this determination. The instrument is a mechanism for intergovernmental grants and does not create direct entitlements for private entities.
In procedural terms the instrument centralises who decides (Commonwealth Minister or delegate), who receives (States), and which institutional account is used (COAG Reform Fund). It also places reporting, assessment and written-agreement obligations on the parties as the condition for payments. The instrument’s exemption from parliamentary disallowance (para 4) reduces parliamentary oversight avenues for the specific determination itself, which affects the political and legal options available to interested parties.
Key duties and rights
This instrument allocates specific duties and confers practical rights arising from the payment process. All duties and rights described below are grounded in the instrument’s own text.
Duties imposed on the Commonwealth
Make the determination under subsection 16(1) of the Federal Financial Relations Act 2009 specifying payment amounts and recipient States (para 12).
Credit the amounts determined to the COAG Reform Fund before making payments to States (paras 6 and 13). This duty arises from subsection 16(2) of the Act as referred to in para 6.
Ensure that the total amount credited to the COAG Reform Fund for National Partnership payments in the 2016-17 financial year does not exceed the statutory debit limit of $25,000,000,000.00 as required by subsection 16(3) (para 15), and to account for cumulative totals in Table 2 (paras 16-17).
Where payments are conditional on pre-determined milestones or benchmarks, the relevant Commonwealth Minister or delegate must make a determination on payment, and in the case of reward payments, such determinations are to follow receipt of an independent assessment as to whether the benchmark has been achieved (para 10(a)); in other cases determinations are to be based on expenditure and performance reporting under the National Partnership (para 10(b)).
Duties imposed on States
Enter into a written agreement that sets the terms and conditions on which financial assistance is granted through the COAG Reform Fund, as required by subsection 7(2) of the COAG Reform Fund Act 2008 (para 7). While the instrument does not detail the content of those agreements, it requires that the terms be recorded in writing.
Comply with National Partnership reporting arrangements, milestone conditions and performance benchmarks where specified, because payments for facilitation or projects are determined based upon those reporting arrangements and because reward payments depend on assessments of benchmark achievement (paras 9-11).
Rights conferred on States
Entitlement to receive the amounts specified in Table 1 and Schedule 1, subject to the terms of the National Partnership and the Minister’s or delegate’s determinations (para 12 and para 13). The instrument creates the legal pathway for States to receive grants of financial assistance for the enumerated purposes.
Where payments are scheduled without milestone conditions, States have a right to scheduled payments in accordance with the payment profile set out in the National Partnership (para 11).
Administrative discretions and constraints
The instrument vests a decision discretion in the Commonwealth Minister or delegate to determine whether conditional payments are payable following independent assessment or based on reporting (para 10). The text frames the Minister’s decision as tied to particular triggers rather than unfettered discretion; however, the Minister’s or delegate’s role is the operative decision point.
The instrument itself is a legislative instrument but is exempt from parliamentary disallowance under section 42 of the Legislation Act 2003 by operation of subsection 16(5) of the Federal Financial Relations Act 2009 (para 4). That affects rights of parliamentary review in relation to this particular determination.
Procedural duties arising from intergovernmental instruments
National Partnerships must “clearly set out the payment profile in respect of each State” (para 9). This places a drafting and agreement duty on Commonwealth and State negotiators when preparing those National Partnership documents.
Administration and accountability duties under other statutes
The COAG Reform Fund is a Special Account under the Public Governance, Performance and Accountability Act 2013 (para 6). This implies the application of PGPA reporting and accountability obligations to the Fund, though the instrument relies on that statutory linkage rather than restating the PGPA obligations.
Limitations and unsettled issues
The instrument does not specify procedural detail such as timeframes for independent assessments, the criteria for an independent assessor, or remedies for disputed assessments. It assigns the practical design of those processes to the National Partnership documents and to the Minister’s or delegate’s determinations (para 10). Practitioners should therefore look to the bilateral National Partnership agreements and departmental administrative guidance for the concrete obligations and remedies.
In sum, the instrument defines duties for crediting and paying funds, requires written agreements to set terms, vests payment decisions in the Commonwealth Minister or delegate (with an independent assessment trigger for reward payments), and creates corresponding rights for States to receive scheduled or conditional payments as set out in the relevant National Partnership documents.
Penalties and enforcement
The source text does not create express criminal penalties, civil fines, or statutory enforcement mechanisms within this determination. The instrument is primarily a funding and administrative direction; enforcement and penalties must be inferred from its conditional payment mechanics and related statutory frameworks cited in the instrument, not presumed from absent provisions.
Payment conditionality as an enforcement lever. The instrument sets out the principal enforcement mechanism in practical terms: withholding or making payments in accordance with the National Partnership’s payment profile, reported expenditure, performance reporting, or independent assessments (paras 10-11). That is, the Commonwealth enforces compliance by linking payments to agreed milestones and reports. Where the National Partnership requires performance benchmarks, the relevant Minister or delegate will determine whether payment is to be made following receipt of an independent assessment (para 10(a)). For facilitation or project payments where reporting is the trigger, the Minister or delegate will make a determination based on expenditure and reporting requirements defined in the National Partnership (para 10(b)). Where no benchmarks are required, the enforcing mechanism is the scheduled payment profile (para 11).
Administrative accountability via Special Account rules. The instrument ties payments to the COAG Reform Fund, which is a Special Account under the Public Governance, Performance and Accountability Act 2013 (para 6). That means the operation of the Fund is subject to PGPA Act accounting, audit and reporting obligations by the Commonwealth. Enforcement in this context may take the form of PGPA internal control obligations and audit scrutiny over whether credits and payments have been properly handled. The determination itself does not set PGPA penalties but places the financial flows within that statutory accountability framework.
No parliamentary disallowance remedy. The instrument is a legislative instrument but is exempt from disallowance under section 42 of the Legislation Act 2003 (para 4). That removes a particular parliamentary oversight mechanism that could otherwise be used to disallow subordinate instruments. The absence of that disallowance option is not a penalty mechanism but is an important limit on parliamentary enforcement in relation to this particular determination.
Absence of statutory sanctions in the instrument. The determination does not provide for recoveries, clawback clauses, interest on overdue payments, or specified civil sanctions within its text. Any recovery or sanction must therefore arise from the terms of the bilateral National Partnership agreements (which, per para 7, must set terms and conditions in writing) or from other statutes and instruments cited (for example, PGPA processes), not from this determination itself.
Practical enforcement risks and dispute pathways. The instrument’s reliance on independent assessment for reward payments (para 10(a)) and on reporting-based determinations for facilitation or project payments (para 10(b)) produces practical enforcement pathways: disputed benchmarks or assessment outcomes will be resolved in administrative processes set out in the National Partnership agreement and by the Minister’s or delegate’s determination. Because the instrument itself is not subject to disallowance (para 4), affected parties seeking to challenge a specific determination will need to rely on judicial review avenues or contractual dispute clauses in the National Partnership, not parliamentary disallowance. The instrument does not address judicial review explicitly.
In short, the instrument enforces compliance mainly by conditioning payments on assessments and reporting, and by situating the fund within the PGPA accountability regime. It does not create new criminal or civil penalties in its own right and removes the disallowance oversight channel for this particular legislative instrument (para 4). Practitioners should therefore consult the bilateral National Partnership agreements and PGPA documentation for the available remedies and enforcement procedures beyond the payment-withholding mechanics expressed here.
How it interacts with other laws
This determination is explicitly cross-referential and relies on several other legislative and intergovernmental instruments to give practical effect to payments. The instrument itself cites the relevant statutes and agreements and situates the payment mechanics within those legal frameworks.
Federal Financial Relations Act 2009. The instrument is made under section 16 of the Federal Financial Relations Act 2009 (para 1 header and para 12). It repeatedly invokes subsections of section 16 in the text: subsection 16(1) provides the head power for making determinations of amounts (para 12), subsection 16(2) requires amounts determined under subsection 16(1) to be credited to the COAG Reform Fund (para 6), subsection 16(3) establishes the debit limit which the instrument records and applies for 2016-17 (para 15), and subsection 16(5) is relied on to state that the determination is a legislative instrument but is not subject to disallowance under section 42 of the Legislation Act 2003 (para 4).
COAG Reform Fund Act 2008. The instrument depends on the COAG Reform Fund Act 2008 to define the Fund as the vehicle for payments and to require written agreements for terms and conditions. Para 6 refers to the COAG Reform Fund Act 2008 as establishing the Fund and specifying it as a Special Account for PGPA purposes. Para 7 cites subsection 7(2) of the COAG Reform Fund Act 2008 requiring that terms and conditions for financial assistance through the Fund be set out in a written agreement between Commonwealth and State.
Public Governance, Performance and Accountability Act 2013 (PGPA). The instrument does not quote PGPA provisions directly but explicitly states that the COAG Reform Fund is a Special Account for the purposes of the PGPA Act (para 6). This places the Fund within PGPA accounting, reporting and audit processes. Those PGPA obligations will constrain how credits and payments are handled in practice, including requirements for proper records and internal controls, though the instrument does not restate PGPA provisions.
Intergovernmental Agreement on Federal Financial Relations. The instrument references the Intergovernmental Agreement (IGA) that took effect on 1 January 2009 and specifically its Schedule D , Payment Arrangements (para 3 and para 8). The IGA provides the overarching framework for financial transfers between Commonwealth and States and is the source of the National Partnership concept and its payment-profile requirements. The instrument therefore functions as the Commonwealth’s statutory determination under the Act that operationalises the IGA’s Schedule D arrangements through the COAG Reform Fund.
Legislation Act 2003. The instrument invokes the Legislation Act 2003 in relation to disallowance. It states that, although subsection 16(5) of the Act classifies the determination as a legislative instrument, section 42 (disallowance) of the Legislation Act 2003 does not apply (para 4). That intersection removes the ordinary parliamentary disallowance mechanism that would otherwise be available for legislative instruments.
Bilateral National Partnership agreements. While not statutes, the instrument makes the terms and reporting arrangements in the bilateral National Partnership agreements functionally necessary to payments. Para 7 notes that the COAG Reform Fund Act 2008 requires terms and conditions to be in a written agreement between Commonwealth and State, and paras 9-11 state that National Partnerships will set payment profiles and reporting/milestone requirements. Thus, the practical legal obligations on States and the detailed enforcement mechanisms are largely contained in those bilateral agreements rather than in this determination.
Absence of specified interactions. The instrument does not purport to interact with other substantive statutes governing particular program delivery (for example, health, education, or transport statutes). It neither limits nor prescribes program delivery terms beyond directing the payment flows and referencing the need for written agreements. Any programmatic legal obligations and regulatory compliance will be governed by the National Partnership agreements and the relevant State and Commonwealth program statutes.
In summary, this determination is an implementing instrument that connects the Federal Financial Relations Act 2009, the COAG Reform Fund Act 2008 and the PGPA Act, while relying on the Intergovernmental Agreement and bilateral National Partnership agreements to create the operational content of payment profiles, reporting and milestones. It also excludes parliamentary disallowance under the Legislation Act 2003 for this legislative instrument.
Amendment history
The source text presents this instrument as made and dated 3 April 2017 and indicates the instrument commences on the day it is made (para 2). The text contains repetition of many provisions, but it does not record any subsequent amendments or prior iterations within the document supplied.
What the instrument records
Date and maker. The instrument records the maker as Michael Sven Sukkar, Assistant Minister to the Treasurer, and the date as 3 April 2017 in the signature block (top table and repeated signature block).
Commencement. The instrument states it commences on the day on which it is made (para 2).
No internal amendment clauses. The text does not include clauses that amend earlier determinations or specify a sunset clause or amendment mechanism for this determination itself.
What is not in the source
The instrument does not include a history table or note of amendments made after the date shown. No later dates, amendment numbers, or replacement instruments are recorded in the provided text.
There is no express revocation clause within the text supplied that revokes earlier determinations.
Practical consequence for practitioners
To determine whether this instrument has been amended or superseded after 3 April 2017, practitioners must consult the official legislative instrument registers, Federal Register of Legislation or relevant Departmental records. The instrument itself as supplied does not document any subsequent amendments.
Because the instrument is exempt from disallowance under section 42 of the Legislation Act 2003 (para 4), use of the parliamentary disallowance mechanism will not show up in an amendment history for this instrument. Amendments, if any, would be effected by later determinations under section 16 of the Federal Financial Relations Act 2009 or by legislative change to the parent statutes.
Administrative repetition in the source
The supplied text contains repeated sections and duplicated headings such as “Part 1 , preliminary,” repeated definitions, and multiple “Schedule 1” repetitions. The repetition appears to be a product of the source formatting and does not itself constitute recorded amendments. It does, however, demonstrate the need when relying on the supplied text to verify the authoritative form of the instrument on the official register.
Recommended step to verify amendment status
Confirm on the Federal Register of Legislation or via the Department of the Treasury that Determination No. 118 (April 2017) remains in force in its original form or whether it has been varied or superseded. The instrument’s text alone does not provide that subsequent amendment history.
In short, the only amendment-related content in the source is the commencement statement and the 3 April 2017 date. The instrument does not record any amendments or history beyond that date in the supplied text.
Litigation history
The provided determination text contains no references to litigation, court decisions, or administrative tribunal determinations. The instrument itself does not mention any past or pending legal challenges. Therefore, based on this source alone:
There is no litigation recorded in the instrument text. The determination does not cite any cases, does not identify judicial review outcomes, and does not record precedent that affects its content.
The instrument’s exemption from disallowance under section 42 of the Legislation Act 2003 (para 4) is a procedural attribute; the text does not discuss legal challenges or dispute resolution avenues such as judicial review, arbitration, or adjudication that might have been used in practice.
Implications for research and practice
To identify any litigation that relates to this determination or to the functioning of National Partnership payments more generally, practitioners must search judicial and administrative law databases, which are beyond the content of this source. This instrument as supplied supplies no litigation record or hint of judicial engagement with these specific payments or the determination itself.
Where disputes arise in practice,such as disagreements over whether a performance benchmark has been achieved or over the scope and outcome of an independent assessment,remedies will flow from the National Partnership agreement terms and from general administrative law principles. The instrument does not spell out the dispute resolution or judicial review mechanisms.
Key practical point
Because the instrument removes the parliamentary disallowance option (para 4), any legal challenge to a specific payment decision or assessment is likely to be pursued in administrative law channels rather than through the legislative disallowance process. However, the instrument does not itself address judicial review specifics.
In conclusion, the determination text contains no litigation history. Practitioners seeking to know whether this instrument has been the subject of legal proceedings must consult external legal databases or court records.
Gotchas
The instrument is straightforward in form but contains several practical traps for practitioners that arise from what it does not say as much as from what it does say. The following points are grounded in the instrument’s text and identify specific implementation and legal risks.
Amounts are presented in images rather than inline text (Table 1, Tables and Schedule 1). The instrument specifies amounts in Table 1 and Schedule 1 (paras 12, 13 and Schedule 1 references) but, in the supplied text, those tables are embedded as images (image.001.png, image.002.png, image.003.png, image.004.png). If relying on this reproduction, practitioners should verify the numeric entries on the authoritative register. The image format can lead to transcription errors and makes automated extraction of figures unreliable.
No detail on the content of written agreements. The COAG Reform Fund Act 2008 requires terms and conditions to be set out in a written agreement between Commonwealth and State (para 7). The instrument does not itself include those terms and does not prescribe minimum content. Therefore, the practical rights and obligations of the parties, including dispute resolution, clawbacks, audit rights and specific reporting formats, are contained outside this instrument. Practitioners must obtain and scrutinise the bilateral National Partnership agreements.
Independent assessment mechanics are unspecified. For reward payments an independent assessment must be received before the Minister or delegate will determine payment (para 10(a)). The instrument does not define who may act as an independent assessor, what standards apply, the timeline for assessment, or how disputes about the assessment are resolved. That creates potential contests over the choice of assessor, scope of assessment, and procedural fairness.
Ministerial/delegate discretion is the decision point. Where payments are conditional, the relevant Commonwealth Minister or delegate determines whether to pay (paras 10(a)-(b)). The instrument binds the decision to triggers (independent assessment or reporting) but leaves room for administrative discretion and policy judgment in interpreting those triggers. The instrument does not set out decision-making criteria beyond the triggers named.
Parliamentary disallowance is unavailable. The instrument is a legislative instrument but section 42 of the Legislation Act 2003 does not apply to it (para 4). That removes a parliamentary route to challenge or disallow this determination specifically. Interested parties will need to rely on other mechanisms if they wish to contest the determination or its effects.
Debit limit is cumulative and must be checked against all determinations. The instrument records the debit limit of $25,000,000,000.00 for the 2016-17 financial year (para 15) and provides Table 2 as the cumulative total including this determination (paras 16-17). Practitioners should note that the limit applies to the aggregate amount credited to the COAG Reform Fund for National Partnership payments in that financial year, meaning multiple determinations, if any, must be counted cumulatively. The instrument affirms the cumulative total does not exceed the limit (para 17), but verifying that compliance requires examining all relevant determinations for the financial year.
Reporting obligations are central but not standardised in this instrument. The instrument signals that facilitation or project payments are to be determined based on expenditure and performance reporting arrangements set out in the National Partnership (para 10(b)). Because the instrument does not prescribe reporting content or timing, a State that fails to meet a reporting standard in the bilateral agreement risks withheld payments; but the specific reporting standards are not discoverable from the determination alone.
The instrument repeats definitions and text. The supplied source contains duplicated sections and repeated headings. That repetition could create confusion in an internal compliance or audit context if different versions are relied upon. Always verify the authoritative text on the official register.
No express remedies for error or overpayment are set out here. The instrument does not state whether the Commonwealth can recover overpayments or impose interest. Those remedies must be found in the National Partnership agreement or governing statutes and are not in the determination itself.
Application to territories is explicit but may be overlooked. The instrument defines “State” to include the Australian Capital Territory and the Northern Territory (para 3). Practitioners should remember that the instrument’s payment authorisations include those jurisdictions explicitly.
Overall, the principal “gotchas” flow from delegation of substantive content to National Partnership agreements, lack of specification around independent assessments and reporting standards, the reliance on image-based tables for amounts, and the procedural consequence that the instrument is not subject to disallowance. These create operational and legal uncertainty that must be addressed by consulting the bilateral agreements, departmental guidance and the official legislative instrument record.
How to comply
Compliance under this determination depends on two parallel streams: (1) the Commonwealth’s procedural actions to credit the COAG Reform Fund and make determinations about payments, and (2) the State’s obligations under the written National Partnership agreements that set the payment profiles, reporting and milestone conditions. All the compliance steps below are derived from provisions in the instrument.
For Commonwealth agencies and decision-makers
Credit the COAG Reform Fund prior to making payments. Subsection 16(2) of the Act, as invoked in para 6, requires amounts determined under subsection 16(1) be credited to the COAG Reform Fund. Ensure accounting entries and special-account procedures under the PGPA Act are completed before disbursing funds (see paras 6 and 13).
Observe the debit limit. Under subsection 16(3) the total credited for National Partnership payments in the 2016-17 year must not exceed $25,000,000,000.00 (para 15). Maintain cumulative records of all determinations in the financial year to ensure the aggregate does not breach the statutory limit (paras 16-17).
Follow the triggers for conditional payments. Where a National Partnership requires pre-determined milestones or benchmarks, do not authorise payment until the required independent assessment or reporting is received and the Minister or delegate has made the formal determination (para 10(a)-(b)). Maintain a clear administrative file documenting receipt of assessments, reporting, and the Minister’s or delegate’s decision.
Ensure written agreements are in place. The COAG Reform Fund Act 2008 requires written terms and conditions for assistance through the Fund (para 7). Ensure each payment is backed by a properly executed bilateral National Partnership agreement that sets the payment profile, reporting requirements and milestone definitions (paras 8-9).
Document independent-assessment processes. For reward payments that require an independent assessment (para 10(a)), document the procurement and terms of the independent assessor, criteria for assessment, timing, and acceptance processes. Keep records to support the Minister’s or delegate’s determination.
Maintain PGPA compliance. Because the COAG Reform Fund is a Special Account (para 6), ensure PGPA internal controls, reporting and audit obligations are met for credits, payments and reconciliations.
For States and their officials
Execute written National Partnership agreements. Para 7 makes written agreements a statutory requirement under the COAG Reform Fund Act 2008. The agreement should specify payment profiles, reporting templates, milestone definitions, independent-assessment arrangements and dispute resolution procedures.
Prepare and deliver required reporting. If payments are tied to expenditure and performance reporting (para 10(b)), comply with the reporting regimes and timeframes set out in the National Partnership to avoid withheld payments. Maintain contemporaneous expenditure records to demonstrate eligible use of funds.
Engage with independent assessment processes. Where incentive or reward payments require independent assessment before payment (para 10(a)), ensure cooperation with the assessor, provide timely documentation and contestation procedures if the assessment adversely affects entitlement.
Monitor scheduled payments and milestones. When a National Partnership does not require benchmark achievement for each tranche, payments are scheduled according to the payment profile (para 11). Maintain milestone trackers and confirm scheduled payment dates with Commonwealth contacts.
Keep audit-ready records. Given the COAG Reform Fund’s status as a Special Account under PGPA (para 6) and the likely audit interest in National Partnership funds, maintain records that reconcile reported expenditure to program outputs, including contracts, invoices and internal approvals.
Interjurisdictional and administrative steps
Cross-check cumulative debit limits. States and Commonwealth officials should jointly verify that the amounts in each determination are within the fiscal year debit limit (para 15). The instrument’s Table 2 is intended to present the total cumulative payments to date in the 2016-17 year (paras 16-17); replicate that reconciliation in operational systems.
Verify published amounts on authoritative sources. Because the tables appear as images in the reproduced document, confirm the exact figures for Table 1 and Schedule 1 on the authoritative legislative instrument record or departmental registers before entering payment agreements or public reporting (paras 12-14 and Schedule 1 references).
Include dispute resolution and clawback provisions in agreements. The determination requires only that terms be in writing (para 7). Practitioners should ensure that bilateral agreements include dispute resolution clauses, audit and access rights, and clear remedies for non-compliance or overpayment.
Document administrative delegations. The instrument contemplates Ministerial or delegate decisions (paras 10(a)-(b)). Maintain clear delegation instruments specifying who within the Department may make determinations and how those determinations are recorded and communicated to State counterparts.
Legal and risk-management steps
Plan for lack of disallowance. Since the instrument is exempt from disallowance under the Legislation Act 2003 (para 4), parliamentary disallowance is not a compliance route. If a State or other party considers a determination invalid, consider administrative review processes and, where appropriate, judicial review channels, as well as contractual remedies found in the National Partnership agreement.
Clarify independent-assessor appointments. To avoid operational disputes, the parties should document the criteria and appointment process for independent assessors within the National Partnership agreement or associated procurement instruments.
Establish internal guidance and checklists. Create standard operating procedures that map the instrument’s requirements to administrative tasks, including fund-crediting, reporting intake, assessment receipt, Minister/delegate decision records and PGPA reporting timelines.
In short, compliance is a mix of financial-accounting steps to credit the COAG Reform Fund and administrative-contractual steps to ensure written National Partnership agreements contain the operational terms, reporting frameworks and assessor processes that trigger payments. This determination sets the legal authorisation and high-level triggers; operational compliance requires implementing those triggers through bilateral agreements and departmental PGPA-compliant processes.
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 Legislation 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 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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. 118 (April 2017).
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 Legislation Act 2003 does not apply to this determination.
This determination is the Federal Financial Relations (National Partnership payments) Determination No. 118 (April 2017).
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 Legislation 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 April 2017
13. These amounts will be credited to the COAG Reform Fund before being paid to the States on 7 April 2017.
14. Schedule 1 to this determination provides further information on these payments.
Debit limits
15. Under subsection 16(3) of the Act 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 $25,000,000,000.00.
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 o
This is an opening excerpt, not the complete document.