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Note 3: Funding

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

3.1 Appropriations

3.1A: Annual appropriations ('recoverable GST exclusive')

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.
3.1B: Unspent annual appropriations ('recoverable GST exclusive')

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

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

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:

3.1D: Disclosure by agent in relation to annual and special appropriations ('recoverable GST exclusive')

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

Special accounts

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.

Client and third party funds

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

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.