Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026

The Financial Framework (Supplementary Powers) Act 1997 (the FFSP Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies. The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations). The powers in the FFSP Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

The Principal Regulations are exempt from sunsetting under section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (item 28A). If the Principal Regulations were subject to the sunsetting regime under the Legislation Act 2003, this would generate uncertainty about the continuing operation of existing contracts and funding agreements between the Commonwealth and third parties (particularly those extending beyond 10 years), as well as the Commonwealth’s legislative authority to continue making, varying or administering arrangements, grants and programs.

Additionally, the Principal Regulations authorise a number of activities that form part of intergovernmental schemes. It would not be appropriate for the Commonwealth to unilaterally sunset an instrument that provides authority for Commonwealth funding for activities that are underpinned by an intergovernmental arrangement. To ensure that the Principal Regulations continue to reflect government priorities and remain up to date, the Principal Regulations are subject to periodic review to identify and repeal items that are redundant or no longer required.

Section 32B of the FFSP Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations. Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations. Section 32D of the FFSP Act confers powers of delegation on Ministers and the accountable authorities of non-corporate Commonwealth entities, including subsection 32B(1) of the FFSP Act. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.

Section 65 of the FFSP Act provides that the Governor-General may make regulations prescribing matters required or permitted by the FFSP Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FFSP Act.

The Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AA and Schedule 1AB to the Principal Regulations in relation to activities administered by the Attorney-General’s Department.

The Regulations repeal one item from Schedule 1AA and two items from Schedule 1AB to the Principal Regulations. The items in Schedules 1AA and 1AB to the Principal Regulations have been identified as appropriate for repeal because the arrangements and grants made in reliance on these items have come to an end or will come to an end prior to the commencement of the Regulations, or a more appropriate source of legislative authority is available for such arrangements and grants.

The Regulations will include transitional provisions to preserve the capacity for the Commonwealth to take action in relation to an arrangement or grant entered into prior to the repeal of relevant items as if these items continue in force, should the need for such action arise in the future.

The Regulations also insert one new table item to establish legislative authority for government spending on the Grants to Australian Organisations Program (the GAOP).

The initial iteration of the GAOP was established in 1991 with the objectives to:

• fund suitable activities that relate to, or assist with, the pursuit of an equitable and accessible system of federal justice;
• maintain and improve Australia’s law and justice framework through supporting the provision of free public internet access to Australasian legal materials; and
• provide education and training programs for law enforcement and Australian judicial officers and others and research into judicial administration.

Funding of approximately $4.4 million over four years from 2025-26 is available to the following organisations to support initiatives under the GAOP:

• Australasian Legal Information Institute – provides free internet access to public legal information including legislation, treaties, decisions of courts and tribunals, and public reports and journals;
• National Judicial College of Australia – supports the provision of education and training programs for judicial officers; and
• Australasian Institute of Judicial Administration Limited – develops and provides education programs for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems.

Details of the Regulations are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003. The Regulations commence on the day after registration on the Federal Register of Legislation.

Consultation

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Attorney-General’s Department.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment
(Attorney-General’s Portfolio Measures No. 2) Regulations 2026

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026.

Section 2 – Commencement

This section provides that the Regulations commence on the day after registration on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Regulations are made under the Financial Framework (Supplementary Powers) Act 1997.

Section 4 – Schedules

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations) are amended as set out in the Schedule to the Regulations.

Schedule 1 – Amendments

Schedule 1 makes amendments to Part 1 – Repeals of items, Part 2 – New items and
Part 3 – Transitional provisions to the Principal Regulations in relation to certain activities administered by the Attorney-General’s Department (the department).

Part 1 – Repeals of items

Financial Framework (Supplementary Powers) Regulations 1997

The items in Part 1 of Schedule 1 amend the Principal Regulations by repealing one table item from Schedule 1AA and two table items from Schedule 1AB to the Principal Regulations.

Item 1 – Part 4 of Schedule 1AA (table item 402.003)

Item 1 repeals table item 402.003 in Part 4 of Schedule 1AA.

Table item 402.003 relates to Payments for grants to Australian Organisations. Table item 402.003 is appropriate for repeal as legislative authority for spending activities under the program will be supported by new table item 795 in Part 4 of Schedule 1AB.

This minor amendment is technical in nature and does not affect existing spending.

Item 2 – Part 4 of Schedule 1AB (table items 114 and 170)

This item repeals redundant provisions from the table in Part 4 of Schedule 1AB to the Principal Regulations.

These table items have been identified as appropriate for repeal because the arrangements and grants made in reliance on these table items have come to an end or another source of legislative authority has been identified for such arrangements and grants. 

These table items are no longer required for legislative authority.

Part 2—New items

Financial Framework (Supplementary Powers) Regulations 1997

The item in Part 2 of Schedule 1 amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on one spending activity.

Item 3 – Part 4 of Schedule 1AB (in the appropriate position in the table)

Item 3 adds one new table item to Part 4 of Schedule 1AB.

Table item 795 – Grants to Australian Organisations Program

New table item 795 establishes legislative authority for government spending on the Grants to Australian Organisations Program (the GAOP).

The initial iteration of the GAOP was established in 1991 with the objectives to:

• fund suitable activities that relate to, or assist with, the pursuit of an equitable and accessible system of federal justice;
• maintain and improve Australia’s law and justice framework through supporting the provision of free public internet access to Australasian legal materials; and
• provide education and training programs for law enforcement and Australian judicial officers and others and research into judicial administration.

Legislative authority for grants payments to Australian organisations was supported by table item 402.003 in Part 4 of Schedule 1AA to the Principal Regulations. Table item 795 will replace table item 402.003 as set out in Item 1 above, to ensure the GAOP continues to meet its policy objectives, including for the following initiatives:

Australasian Legal Information Institute (AustLII)

AustLII, established in 1995, seeks to improve access to justice by making legal information more widely available to the public. AustLII is the most widely used online source of legal information in Australia, and is used by law students, legal practitioners, judges, public servants and the general community. It provides free online access to legal information including legislation, treaties, decisions of courts and tribunals, and public reports and journals. Its database includes unique collections not freely or comprehensively available elsewhere (for example, decisions of the Administrative Review Tribunal and the Office of the Australian Information Commissioner, the Australian Treaties and the Australian Royal Commissions and Public Inquiries Libraries).

Ensuring that all Australians have access to legal information regardless of their financial means is an important contribution to access to justice.

The grant to AustLII is valued at $25,000 in 2025-26.

National Judicial College of Australia (NJCA)

NJCA is an independent, not-for-profit entity, established in 2002 under an agreement between the Commonwealth, state and territory governments to support the provision of education and training programs for judicial officers. NJCA is predominantly funded by the Australian Government and state and territory governments. The remainder of its funding comes from registration fees for the training it provides.

NJCA was established consistent with Recommendation 8 of the Australian Law Reform Commission 2000 Report ‘Managing Justice: A Review of the Federal Civil Justice System (ALRC Report 89)’ (www.alrc.gov.au/publication/managing-justice-a-review-of-the-federal-civil-justice-system-alrc-report-89) which expressly proposed the establishment of a body controlled by the judiciary to meet the education and training needs of judicial officers.

To be appointed as a judge, a person must have the necessary qualifications and experience, however, once appointed, there are limited formal opportunities for continued professional education to ensure that judges remain current with developments in various fields, such as specialist family violence in the courtroom programs, or writing better judgements courses. NJCA fills this gap by designing, developing and delivering judicial education and training programs for Australian judicial officers across all court hierarchies and jurisdictions. Activities provided by NJCA are important avenues to enable judges to engage in professional development following their appointment.

The grant to NJCA is valued at $409,919 in 2025-26.

Australasian Institute of Judicial Administration Limited (AIJA)

AIJA is a research and education institute established in 1976 under an agreement between Commonwealth, state, territory and New Zealand governments. The AIJA is jointly funded by the Commonwealth, state and territory governments and the New Zealand Ministry of Justice, and subscription income from its membership. Its members include judges, magistrates, tribunal members, court administrators, legal practitioners, academic lawyers, court librarians and others with an interest in judicial administration.

AIJA undertakes research and develops and provides education programs for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems. For instance, AIJA publishes research reports and products such as the Domestic and Family Violence Bench Book, which is a reference material that assists judicial officers in decision making, harmonising treatment across jurisdictions, and writing judgements.

The grant to AIJA is valued at $253,535 in 2025-26.

The grants to AustLII, NJCA and AIJA support the government’s agenda to provide equitable access to justice. A new grant opportunity is expected to commence from 1 July 2026, with the value of grant amount to be determined within the confines of the funding available for each program.

All three organisations have received funding through the GAOP for many years. The decision to fund these organisations was originally made through the Standing Council of Attorneys-General (SCAG) and its predecessor bodies. Co-funding arrangements between the Commonwealth and states and territories was formalised through SCAG and the Commonwealth’s portion of funding would be paid from the GAOP.

Eligibility to deliver grants under the program is limited to these three organisations which have successfully delivered grants through the program for many years. Entry into the program would be subject to a future policy decision by the SCAG.

Funding amount and arrangements, merits review and consultation

Funding of approximately $4.4 million over four years from 2025-26 for the item will come from Program 1.4: Justice Services (Payments for grants to Australian organisations), which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Attorney-General’s Portfolio at page 19.

The GAOP is delivered through a closed non-competitive grant round that aligns with the eligibility that only these organisations have a demonstrated ability to deliver the program and achieve value for money. The GAOP is administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and the Commonwealth Grants Rules and Principles 2024 (CGRPs).

The grants for AustLII, AIJA and NJCA were most recently approved in 2022 under the ‘Grants to Australian Organisations Program – Grants relating to Law Reform, Legal Research and Law Enforcement Grant Opportunity Guidelines’, which were published on the GrantConnect website (www.grants.gov.au).

Consistent with the CGRPs, the department will develop new grant opportunity guidelines for 2026-27 and will have regard to the nine key principles in administering the grants. Grant opportunity guidelines and information about the grants will be made available on the GrantConnect website. The grants will be administered by the Community Grants Hub, which is part of the Department of Social Services.

The Secretary has delegated the power to enter into, vary and administer grants to staff at various levels in the department, with corresponding levels of financial delegation. Decisions on awarding grants under the GAOP and the quantum of those grants are made under the Secretary’s Financial Framework (Supplementary Powers) Financial Delegation 2022, which is made pursuant to the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act). The following officers in the department have an appropriate delegation to enter into a contract:

• Senior Executive Service (SES) Band 3 – spending delegation of up to $10.0 million;
• SES Band 2 – spending delegation of up to $5.0 million; and
• SES Band 1 – spending delegation of up to $2.5 million.

The delegate will have appropriate skills, qualifications, and experience, with a strong understanding of the objectives of the GAOP. The PGPA Act, the FFSP Act and the CGRPs set out the limitations and safeguards relevant to the delegation.

Independent merits review is not considered suitable for decisions made in connection with the GAOP as these decisions relate to the allocation of finite resources, from which all potential claims of the resource cannot be met. Allowing independent merits review would only promote competition among community groups. No effective remedy could be provided, as a successful application for review by one service provider would require a reduction in funding to other service providers; and there would be delays in channelling funds into service provision. It would also mean that an allocation that has already been made to another party would be affected by overturning the original decision. The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merits review? (ARC guide)).

Additionally, the GAOP is based on budgetary decisions of a policy nature. The Australian Government has made the decision to jointly establish and maintain the NJCA with states and territories. The Australian Government has also made the decision to jointly establish and maintain the AIJA with states, territories and the New Zealand Government. These decisions do not immediately affect any particular person's interests. Decisions of this nature are subject to parliamentary scrutiny, and the Minister who makes them will be held politically accountable for any consequences. Decisions by government to allocate funding to programs such as the NJCA and AIJA are therefore not suitable for review. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraph 4.18 of the ARC guide).

The review and audit process undertaken by the Australian National Audit Office provides a mechanism to review government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

The department is currently developing an internal evaluation framework in conjunction with its Data, Evaluation and Behavioural Insights Branch. A formal evaluation milestone will be added into future grant agreements that will require grantees to provide additional information on deliverables and outcomes outside of their normal reporting requirements. This information will be used holistically to evaluate the ongoing benefits of the program, to identify any changes to funding that are required and to provide an evidence base for any future decisions of government.

Commonwealth, state and territory governments all continue to make contributions to these organisations, consistent with standing agreements made by the SCAG.

Consultation with grantees has occurred in the context of the management of the current grants to AIJA, NJCA and AustLII. All three organisations support the continuation of the GAOP.

The department engages regularly with the AIJA and NJCA, both with respect to management of the grant agreements and, for example, by participation on the NJCA Council. Recent engagements have included confirmation of progress reports under current grants, pursuant to which no issues have been raised by the grantees, other than eagerness to renew the grants past 30 June 2026. In this respect, the department is working with the Community Grants Hub to progress the grants process for 2026-29 funding.

Constitutional considerations

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

• the communications power (section 51(v));
• the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect; and
• the express incidental power to the extent it relates to the Federal Judicature (section 51(xxxix)).

Communications power

Section 51(v) of the Constitution empowers the Parliament to make laws with respect to ‘postal, telegraphic, telephonic and other like services’.

Funding under the GAOP will support AustLII, NJCA and AIJA.

AustLII provides a free, online resource that provides access to a large collection of Australasian legal materials. It offers online access to primary legal materials like legislation and court decisions, as well as secondary materials such as law reform reports.

NJCA and AIJA run educational programs for judicial officers and the justice sector which may be delivered via the phone or online.

Executive power and express incidental power, including the nationhood aspect

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of the nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

Funding under the GAOP will support NJCA and AIJA, which are national peak bodies for judicial education and research.

Funding will support NJCA to develop and conduct training for the federal judiciary and State courts exercising federal jurisdiction.

Funding will support AIJA to facilitate research into judicial administration and to develop and conduct educational programs for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems. This research and training have nationwide application and benefits in supporting the operation of Australia’s courts.

Funding under the GAOP will also support AustLII to provide a free online resource which collates Australian legal information from across Australia. This resource is a national initiative which increases access to justice in Australia. Information on AustLII includes information about Commonwealth, state and territory laws and proceedings in federal courts and state courts exercising federal jurisdiction.

Part 3 – Transitional provisions

Financial Framework (Supplementary Powers) Regulations 1997

Item 4 – In the appropriate position in Part 3

Item 4 inserts Division 9 “Amendments made by the Financial Framework (Supplementary Powers) Amendment (Attorney General’s Portfolio Measures No. 2) Regulations 2026” into Part 3 of the Principal Regulations.

New section 34 “Power to vary or administer grants or arrangements” ensures that, despite the repeal of table items in Schedules 1AA and 1AB by Part 1 of Schedule 1 to the Regulations, there are transitional provisions in place to preserve the power for the Commonwealth to vary or administer an arrangement or grant entered into prior to the repeal of these table items as if these items continue in force for the purposes of sections 32B (power to make, vary and administer arrangements and grants) and 32C (terms and conditions for grants) of the FFSP Act, should the need for such action arise in the future.

Such need could arise because an arrangement or grant entered into prior to the repeal has not expired as expected or because there is a need to administer a continuing obligation in such an agreement (for example, to recover funds in the event that a breach of the agreement is later identified).

The transitional provisions also preserve the capacity for Ministers and accountable authorities of non-corporate Commonwealth entities to issue delegations in respect of this power. It does not provide the authority for the Commonwealth to make any new commitments to spend money in reliance on the table items being repealed (e.g. a grant or arrangement could not be varied to increase any amount payable by the Commonwealth).

The provisions would however authorise spending pursuant to any contractual commitment entered into prior to the repeal of the relevant item, including where:

• a grant or arrangement has not expired prior to the repeal of the item as expected and a payment becomes due, under the terms of the grant or arrangement, after the repeal; or
• a payment made under the grant or arrangement before the repeal of the item was miscalculated and underpaid and the contractor is entitled, under the terms of the grant or arrangement, to an additional payment. 

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FFSP Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. The powers in the FFSP Act to make, vary or administer arrangements or grants may be exercised on behalf of the Commonwealth by Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.

The Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AA and Schedule 1AB to the Principal Regulations in relation to activities administered by the Attorney-General’s Department.

This disallowable legislative instrument repeals the following item in Part 4 of Schedule 1AA:

• table item 402.003 ‘Payments for grants to Australian Organisations’;

and the following items in Part 4 of Schedule 1AB:

• table item 114 ‘Innovative Wrap-around Support in Domestic Violence Hotspots’; and
• table item 170 ‘National Indigenous Law Awards Programme’.

This disallowable legislative instrument makes the following amendments to Part 4 of Schedule 1AB:

• adds table item 795 ‘Grants to Australian Organisations Program’.

Repeals of items

The Regulations repeal one item from Schedule 1AA and two items from Schedule 1AB to the Principal Regulations.

The items in Schedules 1AA and 1AB to the Principal Regulations have been identified as appropriate for repeal because the arrangements and grants made in reliance on these items have come to an end or will come to an end prior to the commencement of the Regulations, or a more appropriate source of legislative authority is available for such arrangements and grants.

The Regulations also include transitional provisions to preserve the capacity for the Commonwealth to take action in relation to an arrangement or grant entered into prior to the repeal of relevant items as if these items continue in force, should the need for such action arise in the future. Such need could arise because an arrangement or grant entered into prior to the repeal has not expired as expected or because there is a need to administer a continuing obligation in such an agreement (for example, to recover funds in the event that a breach of the agreement is later identified).

The transitional provisions also preserve the capacity for Ministers and accountable authorities of non-corporate Commonwealth entities to issue delegations in respect of this power. It does not provide the authority for the Commonwealth to make any new commitments to spend money in reliance on the items being repealed but would authorise spending pursuant to any contractual commitment entered into prior to the repeal. 

Human rights implications

The repeal items do not engage any of the applicable rights or freedoms.

The repeal items are compatible with human rights as they do not raise any human rights issues.

Table item 795 – Grants to Australian Organisations Program

Table item 795 establishes legislative authority for government spending on the Grants to Australian Organisations Program (the GAOP).

GAOP was established in 1991 with the objectives to:

• fund suitable activities that relate to, or assist with, the pursuit of an equitable and accessible system of federal justice;
• maintain and improve Australia’s law and justice framework through supporting the provision of access to free online Australasian legal materials; and
• provide education and training programs for law enforcement and Australian judicial officers and others and research into judicial administration.

Funding of approximately $4.4 million over four years from 2025-26 is available under the GAOP to support the:

• Australasian Legal Information Institute (AustLII) to provide access to free online public legal information including legislation, treaties, decisions of courts and tribunals, and public reports and journals;
• National Judicial College of Australia (NJCA) to support the provision of education and training programs for judicial officers; and
• Australasian Institute of Judicial Administration Limited (AIJA) to develop and provide education programs for judicial officers, court administrators and members of the legal profession in relation to court administration and judicial systems.

Human rights implications

Table item 795 engages the following rights:

• the right to access to and equality before the law – Article 14 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2, Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4, Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2, Article 15 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), read with Article 2, Articles 2 and 40 of the Convention on the Rights of the Child (CRC), read with Article 4; and
• the right to education – Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, and Article 19 of the ICCPR.

Article 2 of the ICCPR, the CERD, the CEDAW and the ICESCR, and Article 4 of the CRPD and the CRC require that each State Party undertake to take steps to the maximum of its available resources to realise the rights recognised, particularly through legislative measures.

Right to access to and equality before the law

Articles 2(1) and 14 of the ICCPR ensure the rights of all individuals to equality before courts and tribunals without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. These articles also ensure the rights of everyone to a fair and public hearing by a competent, independent and impartial tribunal established by law.

Article 13(2) of the CRPD requires States Parties to promote appropriate training for those working in the field of administration of justice in order to ensure effective access to justice for persons with disabilities.

Article 5 of the CERD requires States Parties to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law.

Article 15 of the CEDAW requires States Parties to accord women and men with the same rights and opportunities under the law.

Articles 2 and 40 of the CRC require States Parties to ensure that children are provided with certain protections before the law, including but not limited to, the prohibition of discrimination of any kind.

Funding provided to AustLII supports free online access to legal information including legislation, treaties, decisions of courts and tribunals, and public reports and journals. The grant to AustLII contributes to equality before the law by ensuring that all Australians have equal access to legal information regardless of their financial means.

Funding provided to NJCA and AIJA to develop and deliver training programs for judicial officers helps those judicial officers to continue their professional development after they are appointed so that they are competent in emerging areas of the law and court administration. Continuing development of judicial officers ensures that individuals are heard by competent authorities.

Right to education

Article 13 of the ICESCR recognises the right of everyone to education. States Parties agree that education should be directed to the full development of the human personality and the sense of its dignity and shall strengthen the respect of human rights and fundamental freedoms. 

Training programs delivered by the NJCA and AIJA help judicial officers to continue their education and professional development during their tenure as judicial officers.

Article 19(2) of the ICCPR states that everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. The Human Rights Committee of the United Nations has interpreted this Article to place a positive obligation on State Parties to provide access to information held by public authorities, particularly where it is necessary for public scrutiny and accountability. 

The information provided on AustLII includes information related to legislation, decisions of courts and reports and journals. Making this information available via AustLII may meet Australia’s obligation to provide access to this information and facilitates the provision of information and ideas of all kinds.

Table item 795 is compatible with human rights because it promotes the protection of human rights.

Conclusion

This disallowable legislative instrument is compatible with human rights as it promotes the protection of human rights.

Senator the Hon Katy Gallagher

Minister for Finance