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The Department of Health and Ageing has recently become aware of legal advice that suggests there is an increased risk of non-compliance with Section 83 of the Constitution where payments are made from special appropriations and special accounts in circumstances where the payments do not accord with conditions included in the relevant legislation.
The Department will investigate these circumstances and any impact on its special accounts shown below, seeking legal advice as appropriate.
Other Trust Moneys (Trust)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
for the receipt and expenditure of monies temporarily held on trust or otherwise for the benefit of a person other than the Commonwealth.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 31 | 265 |
| Other receipts | 2,212 | 1,681 |
| Total increase | 2,212 | 1,681 |
| Payments made | (2,099) | (1,915) |
| Transfer to Services for Other Entities and Trust Moneys Account | (144) | 0 |
| Total decrease | (2,243) | (1,915) |
| Total balance carried to the next period | 0 | 31 |
The Other Trust Moneys Special Account was abolished on 30 June 2011 and replaced with the Service for Other Entities and Trust Moneys Special Account.
Services for Other Governments and Non-Departmental Bodies (Special Public Money)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
for expenditure in connection with services performed on behalf of other governments and bodies that are not Agencies under the FMA Act.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 33,739 | 35,604 |
| Appropriation for reporting period – Department of Health and Ageing | 12,768 | 22,329 |
| Receipts from State Governments | 15,270 | 7,183 |
| Industry Contributions | 1,476 | (169) |
| Total increase | 29,514 | 29,343 |
| Blood Cord program payments | (5,938) | (5,499) |
| Home and Community Care program payments | (1,142) | (1,314) |
| OATSIH program payments | (1,661) | (6,274) |
| Ministerial Council on Drug Strategy payments | (598) | (126) |
| Other program payments | (14,951) | (17,995) |
| Transfer to Services for Other Entities and Trust Moneys Account | (38,963) | 0 |
| Total decrease | (63,253) | (31,208) |
| Total balance carried to the next period | 0 | 33,739 |
The Services for Other Governments and Non-Departmental Bodies Special Account was abolished on 30 June 2011 and replaced with the Service for Other Entities and Trust Moneys Special Account.
Services for Other Entities and Trust Moneys (Special Public Money)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
to disburse amounts held on trust or otherwise for the benefit of a person other than the Commonwealth; disburse amounts in connection with services performed on behalf of other government bodies that are not FMA Act agencies; to repay amounts where an Act or other law requires or permits the repayment of an amount received; to reduce the balance of the special account (and, therefore the available appropriation for the special account) without making a real or notional payment.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 0 | 0 |
| Transfer from Service for Other Governments and Non-Departmental Bodies Account | 38,963 | 0 |
| Transfer from Other Trust Moneys Account | 144 | 0 |
| Total increase | 39,107 | 0 |
| Total balance carried to the next period | 39,107 | 0 |
The Services for Other Entities and Trust Moneys special account was created on 22 June 2011. This account replaces the previous Services for Other Governments and Non-Departmental Bodies Account and the Other Trust Moneys Account.
Australian Childhood Immunisation Register Account (Administered)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
for expenditure relating to the operations of the Australian Childhood Immunisation Register, including payments to providers for the provision of information.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 3,445 | 1,672 |
| Appropriation for reporting period | 6,799 | 6,688 |
| Receipts from State Governments | 5,006 | 4,026 |
| Total increase | 11,805 | 10,714 |
| Payments made | (9,198) | (8,941) |
| Total decrease | (9,198) | (8,941) |
| Total balance carried to the next period | 6,052 | 3,445 |
Sports and Recreation Account
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
to undertake sport and recreation related projects of common interest to the Sport and Recreation Ministers’ Council, its successor or subordinate bodies, and that benefit all or a majority of members.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 507 | 491 |
| Receipts from State Governments | 85 | 536 |
| Other receipts | 0 | 33 |
| Total increase | 85 | 569 |
| Payments made | (59) | (553) |
| Transfer of balance subject to AAO changes | (533) | 0 |
| Total decrease | (592) | (553) |
| Total balance carried to the next period | 0 | 507 |
The Sports and Recreation Account was transferred to the Department of the Prime Minister and Cabinet as part of the restructuring of administrative arrangements.
Human Pituitary Hormones Account (Administered)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
for expenditure through grants and other payments for:
- counselling and support services to recipients of pituitary-derived hormones and their families; and
- medical and other care to people treated with pituitary-derived hormones should they contract Creutzfeldt-Jakob disease as a result of the treatment; and
- one-off payments for recipients of pituitary-serviced hormones who can demonstrate that they have suffered a psychiatric illness prior to 1 January 1998 due to their having been informed that they are at a greater risk of contracting Creutzfeldt-Jakob disease; and
- one-off payments for the children of recipients of pituitary-derived hormones who can demonstrate that they have suffered a psychiatric illness as a consequence of the death of their parent from Creutzfeldt-Jakob disease.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 3,434 | 3,596 |
| Other receipts | 0 | (2) |
| Total increase | 0 | (2) |
| Payments made | (131) | (160) |
| Total decrease | (131) | (160) |
| Total balance carried to the next period | 3,303 | 3,434 |
Safety and Quality in Health Care (Administered)
Establishing Instrument
Financial Management and Accountability Act 1997; section 20.
Appropriation
Financial Management and Accountability Act 1997; section 20.
Purpose
to receive payments from the States, Territories and the Commonwealth and to pay out monies for expenditure relating to the administration of the Australian Council for Safety and Quality in Health Care and national programs to improve quality and safety in health care.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 4,491 | 4,926 |
| Appropriation for reporting period | 5,500 | 5,500 |
| Receipts from State Governments | 5,412 | 5,500 |
| Other receipts | 0 | 0 |
| Total increase | 10,912 | 11,000 |
| Program payments made | (9,827) | (10,040) |
| Administration costs | (1,132) | (1,395) |
| Total decrease | (10,959) | (11,435) |
| Total balance carried to the next period | 4,444 | 4,491 |
Therapeutic Goods Administration Account (Departmental)
Establishing Instrument
Therapeutic Goods Act 1989.
Appropriation
Financial Management and Accountability Act 1997; section 21.
Purpose
for the receipt of all monies and payment of all expenditures and disbursements related to all operations of the Therapeutic Goods Administration.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 44,715 | 34,190 |
| Appropriation for reporting period | 1,680 | 1,671 |
| Other receipts | 106,753 | 103,090 |
| Total increase | 108,433 | 104,761 |
| Payments made | (106,994) | (94,236) |
| Total decrease | (106,994) | (94,236) |
| Total balance carried to the next period | 46,154 | 44,715 |
Office of the Gene Technology Regulator (Departmental)
Establishing Instrumen
Gene Technology Act 2000.
Appropriation
Financial Management and Accountability Act 1997; section 21.
Purpose
for the receipt of all monies and payment of all expenditures and disbursements related to all operations of the Gene Technology Regulator.
| | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 6,131 | 5,338 |
| Appropriation for reporting period | 8,017 | 8,028 |
| Other receipts | 368 | 0 |
| Total increase | 8,385 | 8,028 |
| Payments made | (8,268) | (7,235) |
| Total decrease | (8,268) | (7,235) |
| Total balance carried to the next period | 6,248 | 6,131 |
National Industrial Chemicals Notification and Assessment Scheme Account (Departmental)
Establishing Instrument
Industrial Chemicals (Notification and Assessment) Act 1989.
Appropriation
Financial Management and Accountability Act 1997; section 21.
Purpose
for the receipt of all monies and payment of all expenditures and disbursements related to all operations of the National Industrial Chemicals Notification and Assessment Scheme.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 7,184 | 6,696 |
| Appropriation for reporting period | 301 | 369 |
| Other receipts | 9,329 | 8,514 |
| Total increase | 9,630 | 8,883 |
| Payments made | (10,988) | (8,395) |
| Total decrease | (10,988) | (8,395) |
| Total balance carried to the next period | 5,826 | 7,184 |
Health and Hospitals Fund Special Account
Establishing Instrument
Nation Building Funds Act 2008.
Appropriation
Financial Management and Accountability Act 1997; section 21.
Purpose
the main purpose of the Health and Hospitals Fund Special Account is to make payments in relation to the creation or development of health and infrastructure.
 | 2011
$’000 | 2010
$’000 |
| Balance carried from previous period | 0 | 0 |
| Other receipts | 688,039 | 241,937 |
| Total increase | 688,039 | 241,937 |
| Payments made | (688,039) | (241,937) |
| Total decrease | (688,039) | (241,937) |
| Total balance carried to the next period | 0 | 0 |
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