Appropriation Act 2016 No 30



An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2016–17 and to make additional appropriations to give effect to budget variations for the year 2014–15.
Part 1 Preliminary
1   Name of Act
This Act is the Appropriation Act 2016.
2   Commencement
This Act commences on the date of assent to this Act.
3   Interpretation
In this Act:
(a)  a reference to services for which this Act makes an appropriation includes a reference to the following:
(i)  recurrent services,
(ii)  capital works and services,
(iii)  repayment of debt, and
(b)  a reference to the year 2014–15 is a reference to the year from 1 July 2014 to 30 June 2015, and
(c)  a reference to the year 2016–17 is a reference to the year from 1 July 2016 to 30 June 2017.
Part 2 Appropriation (Departments)
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2016–17 in accordance with this Part is $65,567,498,000.
Division 1 Education
4   Department of Education
This Act appropriates the sum of $12,350,986,000 to the Minister for Education out of the Consolidated Fund for the services of the Department of Education for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Early Childhood Education Services
381,921
02
Primary Education Services in Government Schools
6,473,606
359,784
03
Secondary Education Services in Government Schools
5,566,556
193,768
04
Non-Government Schools
1,152,122
05
Aboriginal Affairs
28,922
94
06
Cluster Grant Funding
112,437
 
Total
13,715,564
553,646
    
Division 2 Family and Community Services
5   Department of Family and Community Services
This Act appropriates the sum of $5,840,321,000 to the Minister for Family and Community Services and Minister for Social Housing out of the Consolidated Fund for the services of the Department of Family and Community Services for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Community Support for People with Disability, their Family and Carers
993,025
4,664
02
Short-term Interventions for People with Disability, their Family and Carers
439,287
6,353
03
Supported Accommodation for People with Disability
1,827,131
51,768
04
Earlier Intervention for Vulnerable People and Support for Communities
319,041
6,544
05
Statutory Child Protection
492,834
19,550
06
Out-of-Home Care for Vulnerable Children and Young People
1,079,159
23,323
07
Social Housing Assistance and Tenancy Support
812,554
9,103
08
Homelessness Services
293,869
1,734
 
Total
6,256,900
123,039
    
Division 3 Finance, Services and Innovation
6   Department of Finance, Services and Innovation
This Act appropriates the sum of $1,463,763,000 to the Minister for Finance, Services and Property out of the Consolidated Fund for the services of the Department of Finance, Services and Innovation for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
ICT, Digital and Innovation
68,817
10,055
02
Government Services
241,392
1,722
03
State Revenue
587,890
17,221
04
Fair Trading
124,294
7,921
05
Better Regulation
171,467
9,638
06
Public Works
118,914
16,755
07
Land and Property Information
216,810
26,855
08
Personnel Services
806,580
 
Total
2,336,164
90,167
    
Division 4 Health
7   Ministry of Health
This Act appropriates the sum of $11,453,863,000 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2016–17.
Note—
The appropriations under this section and section 16 will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Population Health Services
565,763
27,442
02
Primary and Community Based Services
920,361
69,071
03
Aboriginal Health Services
83,964
23,777
04
Outpatient Services
2,930,705
196,719
05
Emergency Services
2,725,677
324,808
06
Inpatient Hospital Services
9,183,925
548,191
07
Mental Health Services
1,824,265
63,644
08
Rehabilitation and Extended Care Services
1,657,560
104,026
09
Teaching and Research
753,067
99,601
10
Specialist Domestic and Family Violence
83,093
11
Cluster Grant Funding
23,716
 
Total
20,752,096
1,457,279
    
Division 5 Industry, Skills and Regional Development
8   Department of Industry, Skills and Regional Development
This Act appropriates the sum of $2,843,410,000 to the Minister for Industry, Resources and Energy out of the Consolidated Fund for the services of the Department of Industry, Skills and Regional Development for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Economic and Regional Development
228,649
1,617
02
Resources and Energy
379,195
2,396
03
Primary Industries
940,562
212,395
04
Personnel Services
16,789
05
Skills Development
786,073
1,761
06
Cluster Grant Funding
1,045,117
 
Total
3,396,385
218,169
    
Division 6 Justice
9   Department of Justice
This Act appropriates the sum of $7,386,549,000 to the Deputy Premier, Minister for Justice and Police, Minister for the Arts and Minister for Racing out of the Consolidated Fund for the services of the Department of Justice for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Justice Services
328,673
16,434
02
Justice Policy and Performance
37,317
03
Emergency Management
150,476
94
04
Liquor and Gaming
78,764
500
05
Arts and Culture
84,424
25,029
06
Courts and Tribunal Judiciary Services
213,474
07
Courts and Tribunal Operations
321,742
136,587
08
Corrective Services
1,371,423
1,101,767
09
Juvenile Justice
199,675
2,850
10
Business and Personnel Services
68,307
11
Cluster Grant Funding
3,922,787
 
Total
6,777,062
1,283,261
    
Division 7 Planning and Environment
10   Department of Planning and Environment
This Act appropriates the sum of $1,418,610,000 to the Minister for Planning out of the Consolidated Fund for the services of the Department of Planning and Environment for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Growth Design and Programs
237,514
521
02
Policy and Strategy
47,865
26,316
03
Planning Services
78,388
271
04
Personnel Services
3,728
05
Cluster Grant Funding
1,186,719
 
Total
1,554,214
27,108
    
Division 8 Premier and Cabinet
11   Department of Premier and Cabinet
This Act appropriates the sum of $540,473,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Policy Support
80,175
150
02
Administrative Support for Government
135,289
4,739
03
Protocol and Special Events
21,798
2,749
04
Cluster Grant Funding
317,605
 
Total
554,867
7,638
    
Division 9 Transport, Roads and Maritime
12   Transport for NSW
(1)  This Act appropriates the sum of $11,477,595,000 to the Minister for Transport and Infrastructure out of the Consolidated Fund for the services of Transport for NSW for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Asset Maintenance
3,398,565
188,728
02
Services and Operations
4,487,913
134,494
03
Growth and Improvement
6,624,240
2,100,199
04
Cluster Grant Funding
2,265
 
Total
14,512,983
2,423,421
    
(2)  A reference in this section to Transport for NSW includes a reference to the Department of Transport.
Division 10 Treasury
13   The Treasury
This Act appropriates the sum of $144,191,000 to the Treasurer and Minister for Industrial Relations out of the Consolidated Fund for the services of The Treasury for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
State Resource Management
132,431
36,535
 
Total
132,431
36,535
    
14   Crown Finance Entity
This Act appropriates the sum of $10,477,737,000 to the Treasurer and Minister for Industrial Relations out of the Consolidated Fund for the services of the Crown Finance Entity for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Debt Liability Management
1,862,087
02
Superannuation Liability Management
2,027,771
03
Central Financial Services
4,498,088
500
 
Total
8,387,946
500
    
15   Advance to the Treasurer
This Act appropriates the sum of $170,000,000 to the Treasurer and Minister for Industrial Relations out of the Consolidated Fund for the services of the Advance to the Treasurer for the year 2016–17.
Part 3 Additional appropriation for health related services
16   Special appropriation to Minister for Health—additional revenue from gaming machine taxes
(1)  This Act appropriates the sum of $340,592,310 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2016–17.
(2)  The sum appropriated is in addition to any other sum appropriated by this Act.
Part 4 Appropriation (Special Offices)
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2016–17 in accordance with this Part is $377,559,000.
17   Judicial Commission of New South Wales
This Act appropriates the sum of $7,138,000 to the Attorney General out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Education, Sentencing and Complaints
6,709
1,900
 
Total
6,709
1,900
    
18   Office of the Director of Public Prosecutions
This Act appropriates the sum of $128,237,000 to the Attorney General out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2016–17.
Note—
The appropriation will fund services, disaggregated across service groups as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Prosecutions
129,030
2,995
02
Victim and Witness Assistance
7,699
73
 
Total
136,729
3,068
    
19   Office of the Children’s Guardian
This Act appropriates the sum of $16,997,000 to the Minister for Family and Community Services and Minister for Social Housing out of the Consolidated Fund for the services of the Office of the Children’s Guardian for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Office of the Children’s Guardian
29,058
689
 
Total
29,058
689
    
20   Independent Commission Against Corruption
This Act appropriates the sum of $21,213,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Corruption Investigation, Prevention, Research and Education
23,555
680
 
Total
23,555
680
    
21   Independent Pricing and Regulatory Tribunal
This Act appropriates the sum of $30,297,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Utilities Pricing, Regulation and Analysis and Policy Work
32,470
1,390
 
Total
32,470
1,390
    
22   New South Wales Electoral Commission
This Act appropriates the sum of $91,174,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Conduct and Management of Elections
95,274
5,831
 
Total
95,274
5,831
    
23   Ombudsman’s Office
This Act appropriates the sum of $31,050,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the Ombudsman’s Office for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Complaint Resolution, Investigation, Oversight and Scrutiny
34,137
2,668
 
Total
34,137
2,668
    
24   Police Integrity Commission
This Act appropriates the sum of $21,163,000 to the Deputy Premier, Minister for Justice and Police, Minister for the Arts and Minister for Racing out of the Consolidated Fund for the services of the Police Integrity Commission for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Investigations, Research and Complaint Management
21,865
2,000
 
Total
21,865
2,000
    
25   Public Service Commission
This Act appropriates the sum of $30,290,000 to the Premier and Minister for Western Sydney out of the Consolidated Fund for the services of the Public Service Commission for the year 2016–17.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Services and Capabilities Improvement
37,923
255
 
Total
37,923
255
    
Part 5 Commonwealth transfer payments
26   Appropriation for Commonwealth transfer payments
(1)  This Act appropriates the sum of $4,155,707,000 to the Treasurer out of the Consolidated Fund, for Commonwealth transfer payments to non-Government schools and local government for services for the year 2016–17.
(2)  The sum appropriated is in addition to any other sum appropriated by this Act.
(3)  The sum appropriated is subject to section 26 of the Public Finance and Audit Act 1983.
Part 6 General
27   Variation of authorised payments from Consolidated Fund
(1)  Payment of a sum appropriated by this Act for a purpose may not be made in excess of the sum specified for the purpose, except as provided by this section or Division 4 of Part 2 of the Public Finance and Audit Act 1983.
(2)  If the exigencies of government so require, the Treasurer may authorise the payment of a sum in excess of the sum specified for a purpose, but only if an equivalent sum is not paid out for another purpose, whether the other purpose is specified in relation to the same or a different Minister, subject to subsections (3)–(5).
(3)  The sum appropriated under Part 3 may only be paid out for the purpose specified in Part 3.
(4)  The sums appropriated under Part 4 may only be paid out for the purposes specified in Part 4.
(5)  The sum appropriated under Part 5 may only be paid out for the purpose specified in Part 5.
(6)  This section does not apply to sums appropriated by another Act.
(7)  This section does not enable the Treasurer to authorise the payment of a sum in augmentation of, or as an addition to, any salary or wages the amount of which has been fixed by law.
(8)  The Treasurer is to inform the Auditor-General of every authorisation given under this section.
(9)  An authorisation under this section may be given before or after the relevant payment is made.
28   Appointment of person to carry out functions of Treasurer under section 27
(1)  The Treasurer may appoint a person to carry out the Treasurer’s functions under section 27.
(2)  Any such appointment is subject to such conditions (if any) as the Treasurer determines.
(3)  The Treasurer may revoke any such appointment at any time.
(4)  A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 27 (8) of informing the Auditor-General of every authorisation given by the person under section 27.
29   Delayed restructures
(1)  Without limiting section 27, if the responsibility for a service for which an appropriation is made in this Act is transferred on or after the date the Bill for this Act is introduced in the Legislative Assembly because of the determination made before 1 July 2016 by the Premier to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish any authority, the appropriation does not lapse and may be applied, in accordance with such determination as may be made by the Treasurer, for or towards the service the responsibility for which is transferred.
(2)  Section 24 of the Public Finance and Audit Act 1983 does not apply to or in respect of an appropriation or service to which this section applies.
30   Budget related information
(1)  In this section:
budget related information means:
(a)  notes included in this Act relating to expenses and capital expenditure, and
(b)  Budget Papers of the Government tabled in Parliament in connection with the Bill for this Act.
(2)  Budget related information:
(a)  does not form part of this Act, and
(b)  does not affect the application of any amount appropriated by this Act.
31   Payments authorised on lapse of appropriation
(1)  This section applies only if this Act is assented to after 1 July 2016.
(2)  Any amounts expended for services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2016 and before the date of assent to this Act for a purpose for which a sum is appropriated by this Act are taken to have been expended out of such of the sums for services set out in this Act, as may be determined by the Treasurer.
Part 7 Budget variations for the year 2014–15
32   Adjustment of “Advance to the Treasurer”, 2014–15
(1)  This Act appropriates the sum of $77,709,000 out of the Consolidated Fund in adjustment of the vote “Advance to the Treasurer”, 2014–15, for supplementary charges made during the year 2014–15 in the amounts specified in Column 1 of Schedule 1 for the recurrent services specified opposite those amounts in Schedule 1. Accordingly, the amount so voted is reduced by the amount appropriated by this section.
(2)  The sum appropriated is in addition to any other sums that may have been appropriated, subject to the adjustment of the vote “Advance to the Treasurer”, 2014–15.
33   Operation of budget variations and validation of expenditure
(1)  This Act, to the extent that it appropriates an amount for, and otherwise gives effect to, the budget variations for the year 2014–15, is to be construed as if it formed part of the annual Appropriation Act for the year 2014–15 and to have effect as if it had commenced at the start of that year.
(2)  The payment before the date of assent to this Act out of the Consolidated Fund of the whole or any part of the sum appropriated under section 32 is validated. This subsection applies despite this Act being assented to after the year 2014–15.
(3)  To the extent (if any) to which it may be necessary to do so, the expenditure of the whole or any part of the sum appropriated under section 32 before the date of assent to this Act:
(a)  is taken to have been validly approved at the time it was approved, or was purported to have been approved, and
(b)  is taken to have been validly made at the time it was made, or purported to have been made,
and is taken thereafter to be, and to have been at all relevant times, validly approved and made.
Schedule 1 Payments during 2014–15
(Section 32)
 
Column 1
 
Treasurer’s Advance
 
Amount $,000
TREASURER
 
RECURRENT SERVICES
 
Ministry of Health
 
Funding for Pink Hope
250
Total Ministry of Health
250
Department of Education
 
Funding for Jigamy Farm multi-purpose centre upgrade
139
Total Department of Education
139
Department of Industry, Skills and Regional Development
 
Blue Mountains Septic Pump Out financial assistance
720
Total Department of Industry, Skills and Regional Development
720
Department of Planning and Environment
 
Hunter Infrastructure Investment Fund
50,000
Total Department of Planning and Environment
50,000
New South Wales Electoral Commission
 
Funding for the March 2015 State Election and early provision of election campaign reimbursements
26,600
Total New South Wales Electoral Commission
26,600
TOTAL—RECURRENT SERVICES
77,709
TREASURER’S ADVANCE FOR RECURRENT SERVICES
77,709
TOTAL—TREASURER’S ADVANCE
77,709