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Note 3: Funding

This section identifies the Attorney-General's Department funding structure.

3.1: Appropriations

3.1A: Annual appropriations

2020 Appropriations

Appropriation Act

Adjustments to appropriation

Annual Appropriation 1

PGPA Act Section 74

PGPA Act Section 75 2

Total appropriation

Appropriation applied in 2020 (current and prior years)

Variance 3

$'000

$'000

$'000

$'000

$'000

$'000

DEPARTMENTAL

Ordinary annual services

191,825

216,592

21,994

430,411

403,088

27,323

Capital budget 4

9,614

917

10,531

8,890

1,641

Other services

Equity

20

20

4,995

(4,975)

Total departmental

201,459

216,592

22,911

440,962

416,973

23,989

ADMINISTERED

Ordinary annual services

Administered items - Outcome 1

487,998

3,413

491,411

450,728

40,683

Administered items – Outcome 2

35,917

296

10,604

46,817

39,389

7,428

Payments to corporate Commonwealth entities

20,001

2,496

22,497

22,497

Other services

Administered assets and liabilities

16,248

16,248

9,709

6,539

Total administered

560,164

3,709

13,100

576,973

522,323

54,650

Notes:

1 In 2019–20, departmental appropriations of $0.472m were withheld (Section 51 of the PGPA Act) in accordance with budget measures taken by the Government. In 2019-20, administered appropriations of $0.042m were withheld (Section 51 of the PGPA Act) in accordance with budget measures taken by the Government. The Departmental appropriation includes one-off departmental supplementation of $5.3m, this additional funding will be appropriated in the 2020–21 period.

2 In accordance with the Administrative Arrangements Order of 29 May 2019, industrial relations functions were transferred to the department from the Department of Employment, Skills, Small and Family Business.

3 The variances reflect drawdowns of prior year appropriation and timing differences between expenses and cash outflows.

4 Departmental and Administered Capital Budgets are appropriated through Appropriation Acts (No. 1 and 3). They form part of ordinary annual services, and are not separately identified in the Appropriation Acts.

The following entities spend money from the Consolidated Revenue Fund (CRF) on behalf of the department:

  • Department of Finance
  • Department of Social Services.
2019 Appropriations

2019 Appropriations

Appropriation Act

Adjustments to appropriation

Annual Appropriation 1

PGPA Act Section 74

PGPA Act Section 75 2

Total appropriation

Appropriation applied in 2019 (current and prior years)

Variance 3

$'000

$'000

$'000

$'000

$'000

$'000

DEPARTMENTAL

Ordinary annual services

133,287

66,642

(2,223)

197,706

140,460

57,246

Capital budget 4

6,114

18

6,132

7,131

(999)

Other services

Equity

917

917

5,523

(4,606)

Total departmental

140,318

66,642

(2,205)

204,755

153,114

51,641

ADMINISTERED

Ordinary annual services

Administered items - Outcome 1

386,581

1,146

387,727

344,566

43,161

Payments to corporate Commonwealth entities

16,709

16,709

16,709

Other services

Administered assets and liabilities

5,549

5,549

3,212

2,337

Total administered

408,839

1,146

409,985

364,487

45,498

Notes:

1 In 2018–19, no departmental or administered appropriations were withheld (Section 51 of the PGPA Act).

2 In accordance with the Administrative Arrangements Orders of 20 December 2017 and 10 May 2018, national security, commonwealth emergency management, natural disaster relief and Australian Government Disaster Recovery Payment programs and functions were transferred to the Department of Home Affairs.

3 The variances reflect drawdowns of prior year appropriation and timing differences between expenses and cash outflows.

4 Departmental and Administered Capital Budgets are appropriated through Appropriation Acts (No. 1 and 3). They form part of ordinary annual services, and are not separately identified in the Appropriation Acts.

The following entities spend money from the Consolidated Revenue Fund (CRF) on behalf of the department:

  • Department of Finance
  • Department of Social Services.

3.1B: Unspent annual appropriation

Departmental

3.1B: Unspent annual appropriation

2020

2019

Authority

$'000

$'000

2017/18 Appropriation Act 1 - Ordinary Annual Services

6,420

16,388

2017/18 Appropriation Act 1 - Capital Budget (DCB) - Non Operating

446

2017/18 Appropriation Act 2 - Non Operating - Equity Injection Non Operating

1,681

2017/18 Appropriation Act 3 - Ordinary Annual Services

2,957

2,957

2017/18 Appropriation Act 3 - Capital Budget (DCB) - Non Operating

2,422

2017/18 Appropriation Act 4 - Non Operating - Equity Injection Non Operating

3,177

2018/19 Appropriation Act 1 - Ordinary Annual Services

56,619

62,644

2018/19 Appropriation Act 1 - Cash at Bank

5,769

2018/19 Appropriation Act 1 - Capital Budget (DCB) - Non Operating

1,126

6,132

2018/19 Appropriation Act 2 - Non Operating - Equity Injection Non Operating

12

150

2018/19 Appropriation Act 3 - Ordinary Annual Services

3,818

6,567

2019/20 Supply Act 1 - Ordinary Annual Services

14,045

2019/20 Supply Act 1 - Capital Budget (DCB) - Non Operating

2,535

2019/20 Supply Act 2 - Non Operating - Equity Injection Non Operating

9

2019/20 Appropriation Act 1 - Cash at Bank

16,036

2019/20 Appropriation Act 1 - Ordinary Annual Services

28,722

2019/20 Appropriation Act 1 - Capital Budget (DCB) - Non Operating

5,980

2019/20 Appropriation Act 2 - Non Operating - Equity Injection Non Operating

11

2019/20 Appropriation Act 3 - Ordinary Annual Services

11,063

2019/20 Appropriation Act 3 - Capital Budget (DCB) - Non Operating

1,000

Total departmental

150,353

108,333

Administered

2020

2019

Authority

$'000

$'000

2016/17 Supply Act 2 - Non Operating - Administered Assets and Liabilities

125

2016/17 Act 2 - Non Operating - Administered Assets and Liabilities

490

2016/17 Appropriation Act 3 - Ordinary Annual Services

37,986

2017/18 Appropriation Act 1 - Ordinary Annual Services

1,253

14,769

2017/18 Act 2 - Non Operating - Administered Assets and Liabilities

105

105

2017/18 Appropriation Act 3 - Ordinary Annual Services

6,180

35,738

2017/18 Act 4 - Non Operating - Administered Assets and Liabilities

4,500

4,500

2018/19 Appropriation Act 1 - Ordinary Annual Services

3,869

10,983

2018/19 Act 2 - Non Operating - Administered Assets and Liabilities

446

446

2018/19 Appropriation Act 3 - Ordinary Annual Services

13,571

31,751

2018/19 Act 4 - Non Operating - Administered Assets and Liabilities

1,391

2019/20 Supply Act 1 - Ordinary Annual Services

4,354

2019/20 Appropriation Act 1 - Ordinary Annual Services

103,125

2019/20 Act 2 - Non Operating - Administered Assets and Liabilities

6,539

2019/20 Appropriation Act 3 - Ordinary Annual Services

18,552

Total administered

162,494

138,284

3.1C: Special appropriations ('recoverable GST exclusive')

Appropriation Applied

2020

2019

Authority

Type

Purpose

$'000

$'000

Law Officers Act 1964

Unlimited

To make payments of pensions and benefits to former Solicitors General. All transactions under this Act are recognised as Administered items.

306

460

Public Governance, Performance and Accountability Act 2013

Refund

To provide for payments under Section 77 of the PGPA Act. All transactions under this Act are recognised as Administered items.

14

15

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005

Unlimited

To assign responsibility for the management of certain liabilities relating to asbestos-related claims, and for related purposes.

32,569

2,673

Coal Mining Industry (Long Service Leave) Administration Act 1992

Unlimited

To manage the long service leave entitlement of the Coal Mining Industry.

11,716

Fair Entitlements Guarantee Act 2012

Unlimited

To provide for financial assistance for workers who have not been fully paid for work done for insolvents or bankrupts, and for related purposes.

157,856

26,703

Safety, Rehabilitation and Compensation Act 1988

Unlimited

To provide for the payment of workers compensation claims and associated expenses in accordance with the provisions of the SRC Act.

27,779

2,258

Total special appropriation applied

218,524

43,825

Other Special Appropriations that had nil balances at the end of the 2019-20 financial year and for which there were no transactions debited or credited to them during the 2019-20 financial year are:

  • Native Title Act 1993 Purpose: Payment of successful Native Title compensation claims ;
  • Native Title Amendment (Indigenous Land Use Agreements) Act 2017, Schedule 1 s.13(3): Payment of successful Native Title compensation claims;
  • Family Law Act 1975 Purpose: Salary and Allowances of Judges;
  • Federal Court of Australia Act 1976 Purpose: Salary and Allowances of Judges;
  • Federal Circuit Court of Australia Act 1999 Purpose: Salary and Allowances of Judges;
  • Judges (Long Leave Payments) Act 1979 Purpose: To make provision for long leave payments for Judges;
  • High Court Justices (Long Leave Payments) Act 1979 Purpose: To make provisions for long leave payments for Justices of the High Court;
  • High Court of Australia Act 1979 Purpose: Salary and Allowances of Judges;
  • Crimes (Superannuation Benefits) Act 1989 Purpose: Superannuation benefits paid or payable to or in respect of certain persons convicted of corruption offences, and for related purposes
  • Commonwealth Places (Application of Laws) Act 1970 Purpose: Application and administration of laws in places acquired by the Commonwealth for public purposes.
3.1D: Disclosure by agent in relation to annual and special appropriations ('recoverable GST exclusive')

Financial Year

Australian Public Service Commission Payments in relation to the Remuneration Tribunal Act 1973 s7(13) Remuneration (including salary) or allowances

Department of Finance Parliamentary Business Resources Act 2017 - s59 payment of resources used by members of Parliament in connection with parliamentary business

2020

$'000

$'000

Total receipts

4,203

166

Total payments

4,203

166

Financial Year

Australian Public Service Commission Payments in relation to the Remuneration Tribunal Act 1973 s7(13) Remuneration (including salary) or allowances

Department of Finance Parliamentary Business Resources Act 2017 - s59 payment of resources used by members of Parliament in connection with parliamentary business

2019

$'000

$'000

Total receipts

4,140

1,394

Total payments

4,140

1,357

3.2: Special accounts and client and third party funds

Special accounts

Services for Other Entities and Trust Money - Attorney-General's Department Special Account 1

Australian Government Solicitor Operational Special Account 2015 2, 3

2020

2019

2020

2019

$'000

$'000

$'000

$'000

Balance brought forward from previous period

1,637

8,705

53,689

Increases

Receipts

30

80

201,981

Total increases

30

80

201,981

Available for payments

1,667

8,785

255,670

Decreases

Departmental

Payments made: suppliers

(196,722)

Closure of special account

(58,948)

Total departmental

(255,670)

Administered

Payments made: suppliers

(35)

(36)

Restructuring transfer 4

(7,112)

Total administered

(35)

(7,148)

Total decreases

(35)

(7,148)

(255,670)

Total balance carried to the next period

1,632

1,637

Balance represented by:

Cash held in the Official Public Account

1,632

1,637

Total balance carried to the next period

1,632

1,637

1 Appropriation: Public Governance, Performance and Accountability Act 2013; section 78.

Establishing Instrument: Financial Management and Accountability Determination 2011/04.

Purpose: Amounts may be debited from the special account:

(a) to disburse amounts held on trust or otherwise for the benefit of a person other than the Commonwealth;

(b) to disburse amounts in connection with services performed on behalf of other governments and bodies that are not non corporate Commonwealth entities;

(c) to repay amounts where an Act or other law requires or permits the repayment of an amount received; and

(d) to reduce the balance of the Special Account (and, therefore, the available appropriation for the Special Account) without making a real or notional payment.

This account is non-interest bearing and the balance is held in the Official Public Account.

2 Appropriation: Public Governance, Performance and Accountability Act 2013; section 78.

Establishing Instrument: Public Governance, Performance and Accountability Act Determination 2015/02.

Purpose: Amounts may be debited from the special account:

(a) to pay for costs, expenses and other obligations incurred in relation to the provision of services by the AGS and AGS lawyers to clients;

(b) to pay remuneration and employee entitlements of the AGS, and AGS lawyers and other AGD employees who ordinarily perform work under the supervision or direction of the AGS;

(c) to pay for expenses that are incidental to administering the special account; and

(d) to reduce the balance of the special account (and, therefore, the available appropriation) without making a real or notional payment.

This account is non-interest bearing and the balance is held in the Official Public Account.

3 On 30 June 2019, the Australian Government Solicitor Operational Special Account 2015 ceased operations and the balance of the special account was returned to the Official Public Account. On 1 July 2019, the Australian Government

Solicitor moved from a for-profit arrangement to a cost recovery arrangement with fees receipts for legal services from that date to be retained under s74 of the PGPA Act. As part of this arrangement, $44.015m of the 30 June 2019 balance in the Australian Government Solicitor Operational Special Account was transferred as an opening appropriation balance on 1 July 2019 to fund liabilities accrued and other provisions made for the ongoing operations of Australian Government Solicitor.

4 In accordance with the Administrative Arrangements Orders of 20 December 2017 and 10 May 2018, national security, Commonwealth emergency management, natural disaster relief and Australian Government Disaster Recovery Payment programs and functions were transferred to the Department of Home Affairs. This relates to the 2018–19 financial year.

Client and third party funds

AGS receives money in trust for clients usually pending settlement of client transactions. These moneys are not available for legal practice operating purposes and are not recognised in the financial statements. Typically client funds are held for short periods where a settlement is delayed or title to funds is disputed. By arrangement with AGS clients, interest may be payable to the client or the client’s nominee or on the instructions of a court. AGS does not pay interest to its clients except where an arrangement has been made to do so.

2020

2019

$'000

$'000

Australian Government Solicitor Client Funds Special Account

Balance brought forward from previous period

8,603

21,236

Add receipts

409,249

291,825

Available for payments

417,852

313,061

Less payments

323,570

304,458

Total balance carried to the next period

94,282

8,603

3.3: Regulatory charging summary

2020

2019

$'000

$'000

Amounts drawn-down and applied

Departmental

Annual appropriation

547

524

Total amounts applied

547

524

Expenses

Departmental

796

940

Total expenses

796

940

External revenue

Departmental

86

124

Administered

2,676

2,828

Total external revenue

2,762

2,952

Regulatory charging activities:

Commonwealth Marriage Celebrants Program: supports the availability of services across Australia and regulates marriage celebrant performance to ensure professional, knowledgeable and legally correct services are delivered to marrying couples. The enabling legislation is the Marriage (Celebrant Registration Charge) Act 2014 and the Marriage Amendment (Celebrant Administration and Fees) Act 2014.

Cost Recovery Impact Statements (CRISs) for the above activities on the department's website.