Appropriation Act 2017 No 30



An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2017–18 and to make additional appropriations to give effect to budget variations for the year 2015–16.
Part 1 Preliminary
1   Name of Act
This Act is the Appropriation Act 2017.
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 2015–16 is a reference to the year from 1 July 2015 to 30 June 2016, and
(c)  a reference to the year 2017–18 is a reference to the year from 1 July 2017 to 30 June 2018.
Part 2 Appropriation (Departments)
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2017–18 in accordance with this Part is $74,067,860,000.
Division 1 Education
4   Department of Education
This Act appropriates the sum of $13,905,309,000 to the Minister for Education out of the Consolidated Fund for the services of the Department of Education for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Early childhood education
435,353
02
Government schools
13,010,659
809,088
03
Non-government schools
1,245,230
04
Aboriginal affairs
48,618
05
Cluster grants
115,169
Division 2 Family and Community Services
5   Department of Family and Community Services
This Act appropriates the sum of $6,295,054,000 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 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Targeted support to improve lives and realise potential
1,107,534
54,255
02
Ongoing support to break disadvantage
1,871,401
18,661
03
Empowerment for independent living
311,943
721
04
Accommodation supports for people with disability
1,972,738
44,862
05
Social and economic supports for people with disability
1,352,238
4,671
06
Cluster grants and other adjustments
17,120
Division 3 Finance, Services and Innovation
6   Department of Finance, Services and Innovation
This Act appropriates the sum of $1,119,502,000 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 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Property and advisory
168,876
19,747
02
Customer services
2
03
Revenue administration
469,758
21,563
04
Regulation
360,273
31,041
05
ICT, digital and innovation
163,699
17,404
06
Government services
187,719
9,606
07
Personnel services
140,960
08
Cluster grants and other adjustments
434,626
Division 4 Health
7   Ministry of Health
This Act appropriates the sum of $11,821,392,000 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2017–18.
Note—
The appropriations under this section and section 16 will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Acute health services
15,273,470
1,182,311
02
Sub-acute health services
1,245,923
125,324
03
Mental health
1,898,457
22,486
04
Small rural hospitals and specialist hospitals
625,868
89,291
05
Community health care services
792,224
7,046
06
Public health
814,672
312
07
Health and medical research
82,102
10,000
08
Ambulance emergency services
892,237
109,429
09
Cluster grants and other adjustments
25,904
Division 5 Industry
8   Department of Industry
This Act appropriates the sum of $2,956,988,000 to the Minister for Primary Industries out of the Consolidated Fund for the services of the Department of Industry for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Sustaining the conditions for economic development
935,001
47,131
02
Support for new and expanding businesses to create jobs in NSW
98,645
500
03
Skills development for employment
1,438,371
04
Sustainable use of and access to natural resources
176,103
15,806
05
Risks managed for natural resources, farming and food
185,103
24,023
06
Cluster grants
551,343
Division 6 Justice
9   Department of Justice
This Act appropriates the sum of $8,603,412,000 to the Attorney General out of the Consolidated Fund for the services of the Department of Justice for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Courts
622,661
34,713
02
Emergency services
159,579
164
03
Justice services
432,123
67,873
04
Offender management and rehabilitation
1,817,727
1,477,552
05
Cluster grants
4,643,598
Division 7 Planning and Environment
10   Department of Planning and Environment
This Act appropriates the sum of $2,449,562,000 to the Minister for Planning out of the Consolidated Fund for the services of the Department of Planning and Environment for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Creating prosperous and sustainable regions
351,676
8,486
02
Arts and culture
242,610
111,175
03
Driving economic, social, environment outcomes through balanced decision making
87,908
487
04
Supporting a contemporary planning system
77,252
17,999
05
Sustainable and regulated use and access to mineral resources
101,361
901
06
Sustainable use, security and access to diverse and reliable energy and water resource
461,739
07
Cluster grants and other adjustments
1,435,813
Division 8 Premier and Cabinet
11   Department of Premier and Cabinet
This Act appropriates the sum of $395,846,000 to the Premier out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Policy, coordination and advice
81,723
3,225
02
Enabling effective government
103,021
3,713
03
Economy, infrastructure and community
40,641
04
Accountability, efficiency and effectiveness
2,488
05
Supporting major projects and initiatives
29,728
4,000
06
Cluster grants and other adjustments
154,924
Division 9 Transport
12   Transport for NSW
(1)  This Act appropriates the sum of $12,761,708,000 to the Minister for Transport and Infrastructure out of the Consolidated Fund for the services of Transport for NSW for the year 2017–18.
Note—
The appropriation will fund services, disaggregated as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Transport—Cluster grants and personnel services
5,862,728
02
Public transport asset maintenance
89,868
134,114
03
Public transport growth and improvement
2,534,258
04
Public transport services
2,907,312
35,617
05
Roads, maritime and freight growth and improvement
8,300
06
Roads, maritime and freight asset maintenance
106,678
85,741
07
Transport access and coordination
197,817
27,751
08
Transport safety
89,712
09
Cluster grants and other adjustments
7,745,017
(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 $117,919,000 to the Treasurer out of the Consolidated Fund for the services of The Treasury for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Analysis, advice and delivery
135,614
14,650
14   Crown Finance Entity
This Act appropriates the sum of $13,521,168,000 to the Treasurer out of the Consolidated Fund for the services of the Crown Finance Entity for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Optimise State’s balance sheet
8,875,739
500
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 2017–18.
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 $358,072,252 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2017–18.
(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 2017–18 in accordance with this Part is $376,451,000.
17   Judicial Commission of New South Wales
This Act appropriates the sum of $5,486,000 to the Attorney General out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Courts
6,785
150
18   Office of the Director of Public Prosecutions
This Act appropriates the sum of $126,983,000 to the Attorney General out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Courts
148,425
4,618
19   Office of the Children’s Guardian
This Act appropriates the sum of $17,750,000 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 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Other cluster entities
33,777
189
20   Independent Commission Against Corruption
This Act appropriates the sum of $21,357,000 to the Premier out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountability, efficiency and effectiveness
23,297
1,260
21   Independent Pricing and Regulatory Tribunal
This Act appropriates the sum of $31,987,000 to the Premier out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountability, efficiency and effectiveness
33,200
1,530
22   Law Enforcement Conduct Commission
This Act appropriates the sum of $21,195,000 to the Minister for Police out of the Consolidated Fund for the services of the Law Enforcement Conduct Commission for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Law enforcement—Police
22,085
1,200
23   New South Wales Electoral Commission
This Act appropriates the sum of $81,772,000 to the Premier out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountability, efficiency and effectiveness
73,193
12,884
24   Ombudsman’s Office
This Act appropriates the sum of $34,255,000 to the Premier out of the Consolidated Fund for the services of the Ombudsman’s Office for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountability, efficiency and effectiveness
37,325
3,152
25   Public Service Commission
This Act appropriates the sum of $35,666,000 to the Premier out of the Consolidated Fund for the services of the Public Service Commission for the year 2017–18.
Note—
The appropriation will fund services, as follows:
  
Expenses
$,000
Capital expenditure
$,000
01
Accountability, efficiency and effectiveness
38,784
3,044
Part 5 Commonwealth transfer payments
26   Appropriation for Commonwealth transfer payments
(1)  This Act appropriates the sum of $4,018,190,000 to the Treasurer out of the Consolidated Fund, for Commonwealth transfer payments to non-Government schools and local government for services for the year 2017–18.
(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 2017 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 2017.
(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 2017 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 2015–16
32   Adjustment of “Advance to the Treasurer”, 2015–16
(1)  This Act appropriates the sum of $47,209,000 out of the Consolidated Fund in adjustment of the amount appropriated for the services of the “Advance to the Treasurer”, 2015–16, for supplementary charges made during the year 2015–16 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 appropriated 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 amount appropriated for the services of the “Advance to the Treasurer”, 2015–16.
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 2015–16, is to be construed as if it formed part of the annual Appropriation Act for the year 2015–16 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 2015–16.
(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 2015–16
(Section 32)
 
Column 1
 
Treasurer’s Advance
 
Amount $,000
TREASURER
 
RECURRENT SERVICES
 
Department of Education
 
Additional Funding for the National Art School
2,825
Total Department of Education
2,825
Department of Family and Community Services
 
Funding for the procurement and ongoing commissioning costs for the Social and Affordable Housing Fund
13,784
Total Department of Family and Community Services
13,784
Department of Finance, Services and Innovation
 
Funding for the Jobs Action Plan
30,000
Total Department of Finance, Services and Innovation
30,000
Department of Premier and Cabinet
 
Funding for the Safe Shooting Program
600
Total Department of Premier and Cabinet
600
TOTAL—RECURRENT SERVICES
47,209
TREASURER’S ADVANCE FOR RECURRENT SERVICES
47,209
TOTAL—TREASURER’S ADVANCE
47,209