Financial Framework (Supplementary Powers) Amendment (Education Measures No. 2) Regulations 2025

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Education Measures No. 2) Regulations 2025

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 (Education Measures No. 2) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Education.

Funding will be provided for the following initiatives:

a grant to Good to Great Schools Australia to assist teaching assistants, people training to be teachers, and current teachers in rural, regional and remote Australia to obtain accredited credentials to upskill in evidence-based teaching practices ($5.0 million over four years from 2025-26); and
the Building Early Education Fund Integrated Services Program for the construction or expansion of facilities to support the delivery of early childhood education and care services ($50.0 million over four years from 2025-26).

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 Department of Education.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment

(Education Measures No. 2) Regulations 2025

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Education Measures No. 2) Regulations 2025.

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

Financial Framework (Supplementary Powers) Regulations 1997

The items in Schedule 1 amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the Department of Education (the department).

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

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

Table item 104 – Grant to Good to Great Schools Australia

New table item 104 establishes legislative authority for the Government to provide a grant to Good to Great Schools Australia (GGSA) to deliver the Expanding Access to
Evidence-Based Teaching in Rural, Regional and Remote Australia Program (the program).

The grant supports the Government’s election commitment Labor’s costed plan to Build Australia’s Future announced on 28 April 2025, which outlines targeted investments to strengthen the education workforce.

Currently, the teacher workforce is under pressure due to declining retention rates, regional disparities, and an ageing demographic. Between 2015 and 2024, the number of full-time equivalent (FTE) teachers in Australia increased by 19 per cent, reaching 320,377 (Australian Bureau of Statistics (ABS), 2024). However, this growth has not kept pace with demand, particularly in regional and remote areas. In initial teacher education, domestic student commencements declined by 14.2 per cent between 2017 and 2024, from 29,929 to 25,683 (Australian Government Department of Education, 2025).

The teaching profession is also competing for labour, for both First Nations and non-First Nations people. As of the 2021 Census, 6,086 Aboriginal and Torres Strait Islander teachers were working nationally, accounting for 1.6 per cent of all teachers (ABS, 2021). This is below proportional representation, as First Nations people comprise 3.6 per cent of the working-age population.

These factors contribute to the supply challenges faced in the teaching profession and point to a greater need for a targeted approach to address the barriers to support all teachers, including First Nations teachers. Improving student outcomes through evidence-based teaching practices, such as explicit instruction, is a key priority for governments across Australia. These practices have been shown to be particularly effective in supporting students who are behind in foundational skills. Upskilling both beginning and experienced teachers in these methods is critical to ensuring consistent, high-quality instruction across all schools.

The Government will provide one-off grant funding to GGSA to deliver the program, in partnership with a higher education provider and relevant state, territory, and non-government education authorities to develop accredited credentials for teaching assistants, people training to be teachers and current teachers. The qualifications will align with the Australian Institute for Teaching and School Leadership (AITSL) Accreditation Standards and support participants to meet Graduate Teacher Standards.

GGSA was established in 2008 and is a not-for-profit organisation that endeavours to develop and support the delivery of effective teaching and learning to every child. GGSA’s mission statement is to support schools to develop great teachers, delivering effective teaching to every child, and to support schools on their improvement journey to lift education outcomes for all Australian students.

The program aims to support First Nations people to become educators and provide community-based teaching assistants with enhanced career pathways and contribute to building a strong and sustainable workforce in regional, rural and remote parts of Australia.

Components of the program include:

development of accredited credentials in partnership with a higher education provider;
establish recognition of prior learning (RPL) arrangements to ensure GGSA course participants can have GGSA credentials recognised as credit when enrolling in undergraduate qualifications;
maintenance and upgrades to online platforms and course materials for delivery of the agreed credentials;
flexible delivery methods to enable study in the credential within participants’ communities;
marketing and recruitment strategies for attracting participants to the credentials;
wraparound support services including mentoring, academic support, Indigenous Liaison Officers, counselling, and career guidance for participants undertaking the credentials and their transition to the classroom; and
partnerships with local organisations and education authorities to facilitate access and workforce placement for program participants.

The program aligns with the Government’s broader policy agenda to address teacher workforce shortages and improve education outcomes in regional, rural, and remote communities. It complements key initiatives under the National Teacher Workforce Action Plan (NTWAP), including the Recognition of Prior Learning in Initial Teacher Education Framework and the First Nations Teacher Strategy. The NTWAP, agreed by Education Ministers in December 2022, builds on a range of initiatives already underway in jurisdictions, sectors and individual schools. It is the first step of an ongoing strategy to attract more people to the profession and retain more teachers in the workforce.

The NTWAP outlines five priority areas, and the program directly aligns with the priority of strengthening initial teacher education which supports teacher supply and produces classroom-ready graduates. The program aligns with the NTWAP by fostering career pathways through further education. Another NTWAP priority area focuses on improving teacher supply by increasing the number of individuals choosing teaching as a profession. The program contributes to this goal by supporting First Nations people to become teachers, thereby enhancing teacher supply and promoting inclusive career development.

Funding amount and arrangements, merits review and consultation

Funding of $5.0 million over four years from 2025-26 for the grant to GGSA will be included in the 2025-26 Mid-Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Education portfolio.

Funding will come from Program 1.5: Early Learning and Schools Support, which is part of Outcome 1.

The department will invite GGSA to apply for a grant through a closed, non-competitive process. The grant will be administered in accordance with the Commonwealth resource management framework, including the Public Governance, Performance, Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), and the Commonwealth Grants Rules and Principles 2024 (CGRPs).

Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regards to the nine key principles in administering the grant. Information about the grant, including grant opportunity guidelines, will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, within the Department of Social Services.

The grant expenditure decision will be made by the First Assistant Secretary, Teaching and Learning Division, as a delegate of the Secretary of the department under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act). The delegate will be at the Senior Executive Service (SES) Band 2 level and may approve commitments of relevant money in relation to an administered program up to the amount of the funding limit for the relevant program. The delegate will possess the appropriate qualifications and necessary skills to exercise this function, including oversight of significant funding arrangements that occur in the Division and sufficient experience in making such decisions. In making the grant expenditure decision, the delegate will comply with any directions of the Secretary, the PGPA Act and the FFSP Act.

Funding will be released to GGSA in the following phases, subject to satisfactory performance against agreed milestones:

Phase 1: Development of a project plan including stakeholder consultation and evaluation design.
Phase 2: Implementation plan with costings, milestones, metrics, and outcomes.
Phase 3: Formalised partnerships and qualification alignment with AITSL standards.
Phase 4: Program participant enrolment and provision of support services.
Phase 5: Placement of program participants in schools and completion of program evaluation.

Independent merits review of decisions made in connection with the grant are not considered appropriate because these decisions relate to the provision of a grant to a certain service provider, over other service providers. The selection of GGSA was part of an election commitment to deliver targeted, evidence-based teaching programs that directly support First Nations people and strengthen the teacher workforce in rural, regional and remote Australia. Once the grant decision is made, it will be final and not subject to merits review. Review and potential change of the decision would affect any funding allocation that has already been made and impede timely and effective implementation of the program. The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.16 to 4.19 of the guide, What decisions should be subject to merit review? (ARC guide)).

Through the NTWAP and the First Nations Teacher Strategy, the Government has undertaken extensive consultation with a range of stakeholders, including First Nations educators, peak bodies, community leaders, and education sector representatives on issues impacting the First Nations teaching workforce. Consultation highlighted that systemic barriers continue to impact the entry into and retention of First Nations people within the teaching profession. Barriers include limited access to culturally safe learning environments, workplace discrimination and racism, high levels of stress, burnout and inflexible pathways. These challenges not only affect First Nations teachers but also shape the schooling experiences of First Nations students.

Consultation and engagement with a range of stakeholders, including First Nations stakeholders, will be a core requirement of the program. GGSA will be required to provide details of planned and ongoing consultation as part of their application to the grant opportunity and in the development of the Project Plan under Phase 1. This engagement will inform program design, delivery, and evaluation, ensuring the program is culturally responsive and community informed.

Constitutional considerations

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose of the item references the external affairs power (section 51(xxix)) of the Constitution.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.

Convention on the Rights of the Child (CRC)

Article 4 of the CRC obliges Australia to take appropriate measures to implement the rights recognised by the CRC. This includes the rights recognised in Articles 28 and 29 of the CRC, in particular the obligations relating to access to education and quality of education under Articles 28(1)(e) and 29(1)(a) of the CRC.

Under Article 28(1)(e) of the CRC, States Parties recognise the right of the child to education, and are required to ‘take measures to encourage regular attendance at schools and the reduction of drop-out rates.’

Under Article 29(1)(a) of the CRC, States Parties agree that the education of the child shall be directed to the ‘development of the child’s personality, talents and mental and physical ability to their fullest potential’.

International Convention on Economic, Social and Cultural Rights (ICESCR)

Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR by all appropriate means.

Australia has obligations relating to access to education and quality of education under Article 13 of the ICESCR.

Article 13(1) of the ICESCR provides that States Parties recognise the right of everyone to education. It also provides that States Parties ‘agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms.’

Article 13(2)(e) of the ICESCR provides that States Parties recognise that, with a view to achieving the full realisation of this right, ‘the material conditions of teaching staff shall be continuously improved’.

The grant to GGSA aims to assist teaching assistants, people training to be teachers and current teachers (prioritising First Nations teaching assistants), in rural, regional and remote Australia to complete a credential and be placed in schools experiencing teacher shortages in rural, regional and remote Australia.

The grant funding will improve the material conditions of those teaching assistants who receive the assistance of GGSA, and students in rural, regional and remote Australian schools experiencing teacher shortages will have the benefit of being supported by the staff who will be placed in those schools. This assists Australia to meet the above obligations.

Item 2 – In the appropriate position in Part 4 of Schedule 1AB (table)

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

Table item 761 – Building Early Education Fund Integrated Services Program

New table item 761 establishes legislative authority for government spending on the Building Early Education Fund (Building Fund) Integrated Services Program (ISP).

The Building Fund is a component of the Government’s ‘Building a universal early education and care system’ package aiming to provide more families with access to quality early childhood education and care (ECEC) in areas where it is needed most.

The Government announced the Building Fund as part of a suite of measures in December 2024 (https://ministers.education.gov.au/anthony-albanese/next-steps-building-universal-education-system). The $1.0 billion investment fund was informed by work of the Productivity Commission (PC) and the Australian Competition and Consumer Commission on early education to build and expand a universal system providing every child with guaranteed access to at least three days per week of high-quality ECEC, which is simple, affordable and accessible for every family.

The Building Fund is expected to support around 160 new or expanded ECEC services. It is estimated that this investment will result in around 12,000 more ECEC places for Australian families in areas of need. The recent PC inquiry into ECEC found that children who would benefit the most from ECEC are currently less likely to attend ECEC services. The proposed changes are anticipated to increase availability for families who live in areas of undersupply, to improve access to ECEC.

The ISP forms part of the Building Fund to build ECEC supply, announced by the Government on 27 March 2025 (https://ministers.education.gov.au/chalmers/historic-investment-help-deliver-universal-early-childhood-education-and-care). The support for ECEC supply will be a collaborative investment alongside the Investment Dialogue for Australia’s Children (IDAC) and matched funding from their philanthropic partners.

Legislative authority through table item 761 will support the $50.0 million co-investment in ISP to fund capital works for the construction or expansion of integrated early years services in areas of need, and support the delivery of high-quality ECEC services, integrated with child and family services, to meet the needs of specific cohorts and to achieve optimal outcomes for the community in identified priority locations.

Integrated early years services are facilities which support holistic, integrated approaches to child development and child and family health and wellbeing through ECEC provision, integrated with other services such as maternal and child health and family support programs. Integrated early years services have the ability to meet a broader range of community needs and allow communities to achieve more holistic outcomes, with ECEC delivery and early childhood development at the centre.

Only the following complementary services will be delivered from the centres:

maternal and child health services – these may include developmental and growth assessments, guidance on feeding, sleep, and behaviour, as well as parenting information and mental health support;
allied health supports for children – these may include speech pathology and occupational therapy;
General Practitioner (GP) and paediatrician services for children;
playgroups directed at achieving improved parenting and developmental and wellbeing outcomes for children. Improved developmental and wellbeing outcomes may include social and emotional skills, physical development, language and cognitive abilities, and school readiness; and
National Disability Insurance Scheme (NDIS) Foundational Supports for children aged under nine – this may include the Thriving Kids program.

Further integrated early years services may be funded to provide services specifically for the benefit of First Nations children and their families.

The specific integrated early years services that a centre may be funded for would be dependent on the specific need of the community, as identified and led by the centre. These additional services may include any of the following services for First Nations people:

community liaison officer services – these may include First Nations liaisons or multicultural liaisons;
adult support services – these may include:

employment services, which would support the families of children to find and maintain meaningful work, boosting economic participation and improving overall wellbeing;
financial support services, to ensure families can access critical financial wellbeing services by providing resources, support families through financial challenges and financial stress, and help build financial skills;
legal support services, which may include support for families and communities by providing advice, representation, information and referrals;

family services including support groups, counselling, peer support groups, and which additionally may include:

parenting classes, which would be a support to provide parents with practical skills to support families;
reunification supports, which would support children who are being returned to the care of their parents (e.g. after foster care);

health, nutrition and material basics related services and supports, which may include community pantries, clothing and emergency supplies, to support children’s safety; and
community led services/events and peer supports (i.e. multicultural events, education sessions, community groups, family to family networking and social supports) and may include First Nations cultural events.

Eligible funding under the ISP will support construction costs, including:

necessary planning and design costs, including community consultation and engagement to determine the services and therefore infrastructure that is needed;
construction, commissioning and materials costs;
project management costs;
geotechnical and soil reports;
removal of contaminates on project sites (e.g. asbestos/arsenic);
site preparation, including clearing or demolition;
construction and commissioning;
landscaping, outdoor areas and car parking;
fixed fittings and fixed equipment; and
achieving required regulatory approvals, including development and environmental approvals.

Suitable opportunities and lead organisations will be identified in partnership with the IDAC. Potential organisations within scope will include not-for-profit organisations, local governments and Aboriginal Community Controlled Organisations (ACCOs). These organisations must be Child Care Subsidy (CCS) approved providers, which will deliver Centre-Based Day Care (CBDC) on the relevant site.

Integrated early years services must include CCS-eligible ECEC service providing CBDC, as well as one or more complementary services identified above. Detailed criteria for eligibility for integrated services support are being developed in consultation with IDAC and community partners, and will include the community’s need and support.

Organisations receiving funding will be responsible for overseeing and managing the building and expansion of integrated early years services, as well as the ongoing delivery of services. Funding will be paid in accordance with a schedule set out in the grant agreement, subject to satisfactory performance against milestones. Grant agreements will include a range of obligations including designated use requirements and designated use periods.

Funding amount and arrangements, merits review and consultation

Funding of $50.0 million for the ISP, as part of the Building Fund, was included in the 2024-25 Mid-Year Economic and Fiscal Outlook under the measure ‘Building Australia's Future – Early Childhood Education and Care Reforms’ for a period of four years commencing in 2025-26. Details are set out in the Mid-Year Economic and Fiscal Outlook 2024–25, Appendix A: Policy decisions taken since the 2024–25 Budget at pages 202 and 239-240.

Funding for this item will come from Program 1.1: Support for the Child Care System, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.5, Education Portfolio at page 25.

The department will deliver the ISP through a closed, non-competitive grant process. The grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

Consistent with the CGRPs, the department will develop grant opportunity guidelines in partnership with the IDAC and will have regards to the nine key principles in administering the grant. Information about the grants, including grant opportunity guidelines, will be made available on the GrantConnect website (www.grants.gov.au) and grants, once awarded, will also be reported on the GrantConnect website.

The Government and philanthropic partners are currently developing a co-investment framework, which will outline the funding approach and responsibilities. Detailed criteria for eligibility for integrated services support are also being developed in consultation with IDAC and community partners; and will include the community’s need and support. Grant opportunity guidelines will clearly and transparently identify how the grant criteria will be determined.

The grant will be administered by the department. A delegate of the Secretary of the department will be responsible for approving Commonwealth funding provided to organisations for integrated early years services. The delegate on funding decisions will be at the SES Band 3 level and will possess the appropriate qualifications, skills and knowledge to exercise this function. The delegate will make funding decisions in accordance with the PGPA Act and the FFSP Act.

Independent merits review is not considered suitable for decisions made in connection with the program as they are decisions relating to the allocation of a finite resource, from which all claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned and would impede timely and effective implementation of the program. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.17 of the ARC guide).

The Government is working with stakeholders, including state and territory governments and peak bodies, to inform the Building Fund design and identify priority locations. Priority areas will also be informed by analysis of relevant data on supply, need and disadvantage. The department has consulted, and is working with, philanthropic partners of IDAC and the Australian Research Alliance for Children and Youth (the IDAC Strategic Convenor) to design the process for identifying potential models and organisations to receive the
co-investment funding as part of the Building Fund. The Departments of Finance, Treasury, and the Prime Minister and Cabinet have also been consulted on the particulars of the implementation of the Building Fund.

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 external affairs power (section 51(xxix)); and
the race power (section 51(xxvi)).

External affairs power

Convention on the Rights of Persons with Disabilities (CRPD)

Australia has obligations relating to the equal right of all persons with disabilities to live in the community under Article 19 of the CRPD, when read with Article 4 which requires States Parties to adopt all appropriate measures for the implementation of the rights recognised in the CRPD:

Article 19(b) of the CRPD provides that States Parties must ensure persons with disabilities have access to a range of in-home, residential and other community support services;
Article 19(c) of the CRPD provides that States Parties must ensure community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

Convention on the Rights of the Child (CRC)

Article 2 of the CRC provides that States Parties shall respect and ensure the rights in the Convention to each child within their jurisdiction without discrimination of any kind and that States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the CRC.

Australia has obligations relating to the responsibility for and care of children under Article 18 of the CRC, when read with Article 4, in particular:

Article 18(2) of the CRC provides that for the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
Article 18(3) of the CRC provides that States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Australia has obligations relating to standards of living for children, their right to education, and what their education should be directed to under Articles 23, 24, 27, 28 and 29 of the CRC respectively, when read with Article 4, in particular:

Article 23 provides that States Parties recognise the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of appropriate assistance.
Article 24 provides that States Parties recognise the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health, and that States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
Article 27(1) of the CRC provides that States Parties recognise the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.
Article 27(3) of the CRC provides that States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
Article 28(1) of the CRC provides that States Parties recognise the right of the child to education, with a view to achieving this right progressively and on the basis of equal opportunity.
Article 29(1) of the CRC provides that States Parties agree that the education of the child shall be directed to:

The development of the child’s personality, talents and mental and physical abilities to their fullest potential.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Australia has obligations relating to the right to health under Article 12 of the ICESCR, when read with Article 2 which requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR:

Article 12(1) of the ICESCR provides that States Parties recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Article 12(2) of the ICESCR provides that the steps to be taken by States Parties to achieve the full realisation of this right shall include those necessary for:
1. The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
2. The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

The purpose of the program expenditure is to fund the construction of integrated early years services in areas of need across Australia. Integrated early years services will provide early childhood education and care along with complementary services such as maternal and child health services, allied health supports for children (including speech pathology and occupational therapy), GP and paediatrician services for children, playgroups (directed at achieving improved developmental and wellbeing outcomes for children), and NDIS foundational supports for children aged under nine.

Race power

Section 51(xxvi) of the Constitution empowers the Parliament to make laws with respect to ‘the people of any race for whom it is deemed necessary to make special laws’.

The construction of additional integrated services may also be funded for ACCOs, which would provide benefits specifically for First Nations children and their families. These services may include community liaison officer services, adult support services (such as employment, financial support and legal support), family services (including parenting classes, reunification support, support groups, counselling, peer support groups), health and nutrition support, and community-led services and events (including First Nations cultural events) in addition to the other services listed above.

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 (Education Measures No. 2) Regulations 2025

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.

This disallowable legislative instrument makes the following amendment to Part 3 of Schedule 1AB:

adds table item 104 ‘Grant to Good to Great Schools Australia’;

and makes the following amendment to Part 4 of Schedule 1AB:

adds table item 761 ‘Building Early Education Fund Integrated Services Program’.

Table item 104 – Grant to Good to Great Schools Australia

Table item 104 establishes legislative authority for the Government to provide a grant to Good to Great Schools Australia (GGSA) to deliver the Expanding Access to
Evidence-Based Teaching in Rural, Regional and Remote Australia Program (the program).

Through the program, GGSA will partner with a higher education provider and develop accredited credentials for teaching assistants, people training to be teachers and current teachers. The program will focus on, but is not limited to, supporting First Nations people to become educators; community-based teaching assistants with enhanced career pathways; and contribute to building a strong and sustainable workforce in rural, regional and remote parts of Australia.

Grant funding of $5.0 million over four years from 2025-26 will be provided to GGSA to deliver the program to upskill both beginning and experienced teachers, ensuring consistent, high-quality instruction across all schools.

Human rights implications

Table item 104 engages the right to education – Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2 and Articles 28 and 29 of the Convention on the Rights of the Child (CRC), read with Article 4.

Right to Education

Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR by all appropriate means.

Article 4 of the CRC requires that States Parties to the CRC shall undertake all appropriate legislative, administrative, and other measures for the implementation of all rights under the CRC. Australia has obligations relating to access to education and quality of education under Articles 28(1)(e) and 29(1)(a) of the CRC.

The grant promotes the right to education, enabling funding to GGSA to assist teaching assistants, aspiring teachers and current teachers (prioritising First Nations teaching assistants), in rural, regional and remote Australia to obtain accredited credentials and be placed in schools experiencing teacher shortages in rural, regional and remote Australia. The program will improve the material conditions of those teaching assistants who receive the assistance of GGSA, and students in rural, regional and remote Australian schools experiencing teacher shortages will have the benefit of being supported by the staff who will be placed in those schools. This assists Australia to meet the above obligations.

Table item 104 is compatible with human rights because it promotes the protection of human rights.

Table item 761 – Building Early Education Fund Integrated Services Program

Table item 761 establishes legislative authority for government spending on the Building Early Education Fund (Building Fund) Integrated Services Program (ISP).

The ISP forms part of the broader Building Fund which aims to build a universal system providing every child with guaranteed access to at least three days per week of high-quality early childhood education and care (ECEC), which is simple, affordable and accessible for every family.

Through the ISP, funding of $50.0 million over four years from 2025-26 will be provided for the construction or expansion of integrated early years services that deliver holistic, integrated approaches to child development and child and family health and wellbeing in areas of need across Australia. Integrated early years services will provide ECEC along with complementary services such as child and maternal health services or services supporting the development and wellbeing of children (including playgroups), including children with a disability, and services for the benefit of Indigenous children and their families.

Human rights implications

Table item 761 engages the following rights:

the rights of parents and children – Articles 2, 18, 27, 28 and 29 of the CRC, read with Article 4;
the right to health – Article 12 of the ICESCR, read with Article 2 and Article 24 of the CRC; and
the rights of persons with disabilities – Article 19 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4 and Article 23 of the CRC.

Rights of parents and children

Article 2 of the CRC requires States Parties to respect and ensure rights set forth in the CRC to each child without discrimination of any kind.

Article 4 of the CRC requires States Parties to undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the CRC.

Article 18 of the CRC, and particularly paragraph 3 of Article 18, requires States Parties to take all appropriate measures to ensure that children of working parents have the right to benefit from ECEC services and facilities for which they are eligible.

Article 27 of the CRC requires States Parties to recognise the right of every child to a standard of living adequate for their physical, mental, spiritual, moral and social development and requires States to take appropriate measures to assist parents to implement this right and, in case of need, to provide material assistance and support program.

Article 28 of the CRC provides that States Parties recognise the right of the child to education.

Article 29 of the CRC, and particularly paragraph (1)(a) of Article 29, provides that States Parties agree that the education of the child shall be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential.

The ISP promotes the rights of parents and children by building and expanding early childhood education and care centres in areas of need across Australia. Providing access to quality ECEC and integrated services supports children’s development and education.

Right to health

Article 2 of the ICESCR requires States Parties to take steps to progressively achieve the full realisation of the rights recognised in the ICESCR.

Article 12 of the ICESCR, and particularly paragraphs 1, 2(c) and 2(d) of the ICESCR, provides that States Parties recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and that the steps to be taken to achieve the full realisation of this right shall include those necessary for the prevention, treatment and control of epidemic, endemic, occupational and other diseases, and conditions be created which would assure to all medical service and medical attention in the event of sickness.

Article 24 of the CRC requires States Parties to take all appropriate measures to ensure the provision of medical assistance to children, including primary care and pre-natal and
post-natal care.

The ISP promotes the right to health by increasing access to integrated services, which combine early childhood education and care with services such as maternal and child health services, allied health supports for children (including speech pathology and occupational therapy) and general practitioner and paediatrician services for children.

Rights of persons with disabilities

Article 4 of the CRPD requires States Parties to adopt all appropriate measures for the implementation of the rights recognised in the CRPD.

Article 19 of the CRPD, and particularly paragraphs b and c of Article 19, requires States Parties to ensure persons with disabilities have access to a range of in-home, residential and other community support services, and that community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

Article 23 of the CRC, and particularly paragraph 2 of Article 23, requires States Parties to recognise the right of the disabled child to special care and shall encourage and ensure that they, and those responsible for their care, have been extended assistance which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.

The ISP promotes the rights of persons with disabilities by increasing access to integrated services, which combine early childhood education and care with services such as National Disability Insurance Scheme foundational supports for children aged under nine.

Table item 761 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

Administered by Department of Finance

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