Appropriation Act 2018 No 35



An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2018–19.
Part 1 Preliminary
1   Name of Act
This Act is the Appropriation Act 2018.
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 2018–19 is a reference to the year from 1 July 2018 to 30 June 2019.
Part 2 Appropriation (Departments)
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2018–19 in accordance with this Part is $80,113,030,000.
Division 1 Education
4   Department of Education
This Act appropriates the sum of $14,838,776,000 to the Minister for Education out of the Consolidated Fund for the services of the Department of Education for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Educational foundations for success
15,048,248
1,611,924
02
Best start in life for young children
474,279
03
Empowering Aboriginal communities
38,255
04
Cluster grants
126,297
Division 2 Family and Community Services
5   Department of Family and Community Services
This Act appropriates the sum of $6,147,395,000 to the Minister for Family and Community Services out of the Consolidated Fund for the services of the Department of Family and Community Services for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
People with disability live independently
2,991,666
36,499
02
Ongoing support for vulnerable people
1,986,592
14,971
03
Protecting vulnerable people from harm
1,231,231
16,332
04
Enabling families to live independently
296,554
783
05
Cluster grants
15,840
Division 3 Finance, Services and Innovation
6   Department of Finance, Services and Innovation
This Act appropriates the sum of $1,116,500,000 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 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Fair and efficient administration of State revenues
367,643
45,457
02
Competitive, fair and secure markets
357,495
42,535
03
Digital leadership and innovation in government services
165,624
31,224
04
Efficient and effective utilisation of government property assets
163,440
13,981
05
Optimal administration of government services
105,589
12,505
06
Improved customer satisfaction with government services
10,516
07
Cluster grants and other adjustments
639,768
Division 4 Health
7   Ministry of Health
This Act appropriates the sum of $13,143,374,000 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2018–19.
Note—
The appropriations under this section and section 16 will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Improved service in hospitals
19,193,092
2,060,217
02
Mentally healthy communities
2,010,902
45,593
03
Healthy, resilient communities
1,595,603
45,925
04
World class research and innovation
104,155
11,000
05
Cluster grants
28,377
Division 5 Industry
8   Department of Industry
This Act appropriates the sum of $3,231,727,000 to the Minister for Primary Industries out of the Consolidated Fund for the services of the Department of Industry for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Sustainable use and access to natural resources
472,405
61,157
02
Skilled and employable workforce
402,312
03
Productive primary industries
318,419
24,962
04
Sustaining the conditions for economic development
289,315
2,687
05
Safe and secure resources and agricultural output
215,716
6,912
06
Increasing jobs and investment in NSW
152,263
700
07
Cluster grants and other adjustments
1,714,799
Division 6 Justice
9   Department of Justice
This Act appropriates the sum of $8,030,175,000 to the Attorney General out of the Consolidated Fund for the services of the Department of Justice for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Breaking the cycle of reoffending
1,967,153
897,486
02
Effective and efficient resolution of legal disputes
587,076
16,094
03
Maintain rights and records
448,533
30,822
04
Resilient to disasters and emergencies
161,192
05
Cluster grants
4,866,067
Division 7 Planning and Environment
10   Department of Planning and Environment
This Act appropriates the sum of $2,538,126,000 to the Minister for Planning out of the Consolidated Fund for the services of the Department of Planning and Environment for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Energy and water security
517,074
02
Create a strong and vibrant NSW
510,289
37,402
03
Excellence in arts, screen and culture
211,406
357,188
04
Sustainable, regulated use and access to geological resources
117,561
667
05
Valued and protected environment and heritage
93,302
3,510
06
Cluster grants
1,223,550
Division 8 Premier and Cabinet
11   Department of Premier and Cabinet
This Act appropriates the sum of $391,892,000 to the Premier out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Effective and coordinated government
254,886
9,575
02
Accountable and responsible government
2,657
03
Cluster grants
164,598
Division 9 Transport
12   Transport for NSW
(1)  This Act appropriates the sum of $11,317,874,000 to the Minister for Transport and Infrastructure out of the Consolidated Fund for the services of Transport for NSW for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Safe and reliable travel
3,073,760
297,861
02
Accessible transport
480,658
41,718
03
Future-ready transport
47,459
698,095
04
Successful places
11,603
136,658
05
Cluster grants, personnel services and other adjustments
15,159,431
(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 $128,839,000 to the Treasurer out of the Consolidated Fund for the services of The Treasury for the year 2018–19.
Note—
The appropriation will fund services, disaggregated across State outcomes as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Strong and sustainable fiscal position
104,936
11,046
02
Effective capital and balance sheet management
16,981
03
Fair and supportive workplaces
13,469
14   Crown Finance Entity
This Act appropriates the sum of $19,108,352,000 to the Treasurer out of the Consolidated Fund for the services of the Crown Finance Entity for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Effective capital and balance sheet management
9,852,821
15   Advance to the Treasurer
This Act appropriates the sum of $120,000,000 to the Treasurer out of the Consolidated Fund for the services of the Advance to the Treasurer for the year 2018–19.
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 $371,600,507 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2018–19.
(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 2018–19 in accordance with this Part is $442,642,000.
17   Judicial Commission of New South Wales
This Act appropriates the sum of $5,503,000 to the Attorney General out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Effective and efficient resolution of legal disputes
6,789
150
18   Office of the Director of Public Prosecutions
This Act appropriates the sum of $125,546,000 to the Attorney General out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Effective and efficient resolution of legal disputes
161,510
5,278
19   Office of the Children’s Guardian
This Act appropriates the sum of $19,710,000 to the Minister for Family and Community Services out of the Consolidated Fund for the services of the Office of the Children’s Guardian for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Ongoing support for vulnerable people
41,058
189
20   Independent Commission Against Corruption
This Act appropriates the sum of $25,617,000 to the Premier out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountable and responsible government
27,010
944
21   Independent Pricing and Regulatory Tribunal
This Act appropriates the sum of $27,850,000 to the Premier out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountable and responsible government
32,125
892
22   Law Enforcement Conduct Commission
This Act appropriates the sum of $23,554,000 to the Minister for Police out of the Consolidated Fund for the services of the Law Enforcement Conduct Commission for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Safer communities
25,334
1,200
23   New South Wales Electoral Commission
This Act appropriates the sum of $158,699,000 to the Premier out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountable and responsible government
142,713
20,766
24   Ombudsman’s Office
This Act appropriates the sum of $27,113,000 to the Premier out of the Consolidated Fund for the services of the Ombudsman’s Office for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountable and responsible government
32,131
806
25   Public Service Commission
This Act appropriates the sum of $29,050,000 to the Premier out of the Consolidated Fund for the services of the Public Service Commission for the year 2018–19.
Note—
The appropriation will fund services for the following State outcome:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountable and responsible government
41,540
587
Part 5 Commonwealth transfer payments
26   Appropriation for Commonwealth transfer payments
(1)  This Act appropriates the sum of $4,059,400,000 to the Treasurer out of the Consolidated Fund, for Commonwealth transfer payments to non-Government schools and local government for services for the year 2018–19.
(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 2018 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 2018.
(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 2018 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.