I, Greg Feeney, Acting Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because of the transfer of the functions for the establishment of harmonised occupational health and safety laws across Australia and development of national policy relating to workers' compensation from the Department of Education, Employment and Workplace Relations to Safe Work Australia.

Dated 10 September 2009

Greg Feeney

1 Name of Determination

  This Determination is the FMA Act Determination 2009/12 — Section 32 (Transfer of Functions from DEEWR to SWA).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   Acronyms and other organisational names used in this Determination are as follows:

(a)         “DEEWR” – refers to the Department of Education, Employment and Workplace Relations.

(b)        “SWA” – refers to Safe Work Australia.

2 Commencement

This Determination is taken to have commenced on 1 July 2009.

Note   Under subsection 32(8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

3 Amendment of Appropriation Act (No. 1) 2009–2010

  Schedule 1 amends the Appropriation Act (No. 1) 2009–2010 to transfer an amount of $8,814,500.00 of the departmental item for the Department of Education, Employment and Workplace Relations to the departmental item for Safe Work Australia.

Note   The amount transferred relates to the transfer of functions for the establishment of harmonised occupational health and safety laws across Australia and development of national policy relating to workers' compensation from the Department of Education, Employment and Workplace Relations to Safe Work Australia.

Schedule 1 Amendment of Appropriation Act (No. 1) 2009–2010

(section 3)

[1] Schedule 1, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, Departmental Outputs

omit

859,418

insert

850,603.5

[2]  Schedule 1, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table

insert

Note 1:  The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)  for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2009/12 amended the amount alongside Total: Department of Education, Employment and Workplace Relations under the heading Departmental Outputs, to transfer an amount to Safe Work Australia.

[3] Schedule 1, Education, Employment and Workplace Relations portfolio, after the Office of the Workplace Ombudsman table

insert

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)  for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)  for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

 No other amounts in the table have been inserted.

Note 2:  FMA Act Section 32 Determination 2009/12 inserted the amount alongside Total: Safe Work Australia under the heading Departmental Outputs, to transfer an amount from the Department of Education, Employment and Workplace Relations.