Note 3: Funding
This section identifies the Attorney-General's Department funding structure.
3.1 Appropriations
2021 Appropriations | ||||||||||||||
Appropriation Act | Adjustments to appropriation | |||||||||||||
Annual Appropriation 1 | PGPA Act Section 74 | PGPA Act Section 75 | Total appropriation | Appropriation applied in 2021 (current and prior years) | Variance 2 | |||||||||
$'000 | $'000 | $'000 | $'000 | $'000 | $'000 | |||||||||
DEPARTMENTAL | ||||||||||||||
Ordinary annual services | 236,672 | 196,573 | − | 433,245 | 392,413 | 40,832 | ||||||||
Capital budget 3 | 14,819 | − | − | 14,819 | 15,573 | (754) | ||||||||
Other services | ||||||||||||||
Equity | 2,851 | − | − | 2,851 | 1,563 | 1,288 | ||||||||
Total departmental | 254,342 | 196,573 | − | 450,915 | 409,549 | 41,366 | ||||||||
ADMINISTERED | ||||||||||||||
Ordinary annual services | ||||||||||||||
Administered items - Outcome 1 | 408,207 | 39 | − | 408,246 | 350,108 | 58,138 | ||||||||
Administered items – Outcome 2 | 40,201 | 672 | − | 40,873 | 31,707 | 9,166 | ||||||||
Payments to corporate Commonwealth entities | 22,385 | − | − | 22,385 | 22,385 | − | ||||||||
Other services | ||||||||||||||
Administered assets and liabilities 3 | 1,300 | − | − | 1,300 | 453 | 847 | ||||||||
Total administered | 472,093 | 711 | − | 472,804 | 404,653 | 68,151 | ||||||||
Notes:
1. In 2020–21, departmental appropriations of $3.848m were withheld (Section 51 of the PGPA Act) in accordance with budget measures taken by the Government. In 2020–21, administered appropriations of $12.810m were withheld (Section 51 of the PGPA Act) in accordance with budget measures taken by the Government.
2. The variances reflect drawdowns of prior year appropriation and timing differences between expenses and cash outflows.
3. 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; and
- Department of Social Services.
2020 Appropriations | ||||||
Appropriation Act | Adjustments to appropriation | |||||
Annual Appropriation 1 | PGPA Act Section 74 2 | PGPA Act Section 75 3 | Total appropriation | Appropriation applied in 2020 (current and prior years) 2 | Variance 4 | |
$'000 | $'000 | $'000 | $'000 | $'000 | $'000 | |
DEPARTMENTAL | ||||||
Ordinary annual services | 191,825 | 207,538 | 21,994 | 421,357 | 394,034 | 27,323 |
Capital budget 5 | 9,614 | − | 917 | 10,531 | 8,890 | 1,641 |
Other services | ||||||
Equity | 20 | − | − | 20 | 4,995 | (4,975) |
Total departmental | 201,459 | 207,538 | 22,911 | 431,908 | 407,919 | 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 5 | 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. The above table has been updated in the 2020–21 financial year to reflect the correct classification of certain receipt amounts that were previously disclosed as section 74 receipts.
3. In accordance with the Administrative Arrangements Order of 29 May 2019, industrial relations functions were transferred to the department from the former Department of Employment, Skills, Small and Family Business.
4. The variances reflect drawdowns of prior year appropriation and timing differences between expenses and cash outflows.
5. 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; and
- Department of Social Services.
Departmental | ||
2021 | 2020 | |
Authority | $'000 | $'000 |
2017/18 Appropriation Act 1 - Ordinary Annual Services | − | 6,420 |
2017/18 Appropriation Act 3 - Ordinary Annual Services | − | 2,957 |
2018/19 Appropriation Act 1 - Ordinary Annual Services | − | 56,619 |
2018/19 Appropriation Act 1 - Capital Budget (DCB) - Non Operating | − | 1,126 |
2018/19 Appropriation Act 2 - Non Operating - Equity Injection Non Operating | − | 12 |
2018/19 Appropriation Act 3 - Ordinary Annual Services | − | 3,818 |
2019/20 Supply Act 1 - Ordinary Annual Services | − | 14,045 |
2019/20 Supply Act 1 - Capital Budget (DCB) - Non Operating | 113 | 2,535 |
2019/20 Supply Act 2 - Non Operating - Equity Injection Non Operating | 9 | 9 |
2019/20 Appropriation Act 1 - Cash at Bank | − | 16,036 |
2019/20 Appropriation Act 1 - Ordinary Annual Services | 6,693 | 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 | 11 |
2019/20 Appropriation Act 3 - Ordinary Annual Services | 5,472 | 11,063 |
2019/20 Appropriation Act 3 - Capital Budget (DCB) - Non Operating | − | 1,000 |
2020/21 Supply Act 1 - Ordinary Annual Services | 81,293 | − |
2020/21 Supply Act 1 - Capital Budget (DCB) - Non Operating | 581 | − |
2020/21 Appropriation Act 1 - Cash at Bank | 10,173 | − |
2020/21 Appropriation Act 1 - Ordinary Annual Services | 53,882 | − |
2020/21 Appropriation Act 1 - Capital Budget (DCB) - Non Operating | 9,194 | − |
2020/21 Appropriation Act 2 - Non Operating - Equity Injection Non Operating | 1,300 | − |
2020/21 Appropriation Act 3 - Ordinary Annual Services | 7,759 | − |
Total departmental | 176,480 | 150,353 |
Administered
2021 | 2020 | |
Authority | $'000 | $'000 |
2017/18 Appropriation Act 1 - Ordinary Annual Services | − | 1,253 |
2017/18 Act 2 - Non Operating - Administered Assets and Liabilities | − | 105 |
2017/18 Appropriation Act 3 - Ordinary Annual Services | − | 6,180 |
2017/18 Act 4 - Non Operating - Administered Assets and Liabilities | − | 4,500 |
2018/19 Appropriation Act 1 - Ordinary Annual Services | − | 3,869 |
2018/19 Act 2 - Non Operating - Administered Assets and Liabilities | − | 446 |
2018/19 Appropriation Act 3 - Ordinary Annual Services | 2,797 | 13,571 |
2019/20 Supply Act 1 - Ordinary Annual Services | 4,354 | 4,354 |
2019/20 Appropriation Act 1 - Ordinary Annual Services | 103,125 | 103,125 |
2019/20 Act 2 - Non Operating - Administered Assets and Liabilities | 6,531 | 6,539 |
2019/20 Appropriation Act 3 - Ordinary Annual Services | 18,552 | 18,552 |
2020/21 Supply Act 1 - Ordinary Annual Services | 47,028 | − |
2020/21 Appropriation Act 1 - Ordinary Annual Services | 26,618 | − |
2020/21 Act 2 - Non Operating - Administered Assets and Liabilities | 1,300 | − |
2020/21 Appropriation Act 3 - Ordinary Annual Services | 33 | − |
Total administered | 210,338 | 162,494 |
Appropriation Applied | ||||
|---|---|---|---|---|
2021 | 2020 | |||
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. | 280 | 306 |
High Court Justices (Long Leave Payments) Act 1979 | Unlimited | To make provisions for long leave payments for Justices of the High Court. | 1,104 | − |
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. | 48 | 14 |
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. | 25,825 | 32,569 |
Coal Mining Industry (Long Service Leave) Administration Act 1992 | Unlimited | To manage the long service leave entitlement of the Coal Mining Industry. | − | − |
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. | 105,355 | 157,856 |
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. | 26,163 | 27,779 |
Total special appropriation applied | 158,775 | 218,524 | ||
Other Special Appropriations that had nil balances at the end of the 2020-21 financial year and for which there were no transactions debited or credited to them during the 2020-21 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 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; and
- Commonwealth Places (Application of Laws) Act 1970 Purpose: Application and administration of laws in places acquired by the Commonwealth for public purposes.
Financial Year 2021 | Australian Public Service Commission Payments in relation to the Remuneration Tribunal Act 1973 s7(13) Remuneration (including salary) or allowances $'000 | Department of Finance Parliamentary Business Resources Act 2017 - s59 payment of resources used by members of Parliament in connection with parliamentary business $'000 |
|---|---|---|
Total receipts | 4,189 | 371 |
Total payments | 4,189 | 370 |
Financial Year 2020 | 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 |
$'000 | $'000 | |
Total receipts | 4,203 | 166 |
Total payments | 4,203 | 166 |
3.2 Special accounts and client and third party funds
Services for Other Entities and Trust Money - Attorney-General's Department Special Account 1 | ||
2021 | 2020 | |
$'000 | $'000 | |
Balance brought forward from previous period | 1,632 | 1,637 |
Increases | ||
Receipts | 89 | 30 |
Total increases | 89 | 30 |
Available for payments | 1,721 | 1,667 |
Decreases | ||
Administered | ||
Payments made: suppliers | (80) | (35) |
Total administered | (80) | (35) |
Total decreases | (80) | (35) |
Total balance carried to the next period | 1,641 | 1,632 |
Balance represented by: | ||
Cash held in the Official Public Account | 1,641 | 1,632 |
Total balance carried to the next period | 1,641 | 1,632 |
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.
Client and third party funds
The Australian Government Solicitor (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.
2021 | 2020 | |
|---|---|---|
$'000 | $'000 | |
Australian Government Solicitor Client Funds Special Account | ||
Balance brought forward from previous period | 94,282 | 8,603 |
Add receipts | 194,165 | 409,249 |
Available for payments | 288,447 | 417,852 |
Less payments | 263,942 | 323,570 |
Total balance carried to the next period | 24,505 | 94,282 |
3.3 Regulatory charging summary
2021 | 2020 | |
|---|---|---|
$'000 | $'000 | |
Amounts drawn-down and applied | ||
Departmental | ||
Annual appropriation | 927 | 547 |
Total amounts applied | 927 | 547 |
Expenses | ||
Departmental | 1,364 | 796 |
Total expenses | 1,364 | 796 |
External revenue | ||
Departmental | 73 | 86 |
Administered | 538 | 2,676 |
Total external revenue | 611 | 2,762 |
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 Act 1961 and the Marriage (Celebrant Registration Charge) Act 2014.
Cost Recovery Impact Statements for the above activities are available at: www.ag.gov.au/families-and-marriage/publications/marriage-celebrants-program-cost-recovery-implementation-statement-2020-21.
Visit
https://www.transparency.gov.au/annual-reports/attorney-generals-department/reporting-year/2020-21-51