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 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 (Education Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Antisemitism and discrimination teacher training program (the program). The program will be administered by the Department of Education.
The program forms part of a broader package of reforms aimed at addressing violence and hate against Jewish communities within Australia. The program also forms part of the Eliminating Antisemitism Australian Government response to the Special Envoy’s Plan to Combat Antisemitism.
Education will play a critical role through embedding culturally aware practices within the curriculum, and strengthening teachers’ understanding and capability to identify, prevent and respond to antisemitism in Australian schools. Funding of $5.0 million over two years from 2025-26 will be provided to the United Nations Educational, Scientific, Cultural Organisation (UNESCO) to expand the Special Envoy’s UNESCO’s teacher training program, designed to prevent and counter antisemitism in Australia’s education sector.
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 2026
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Education 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
Financial Framework (Supplementary Powers) Regulations 1997
The item in Schedule 1 amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on an activity to be administered by the Department of Education (the department).
Item 1 – Part 4 of Schedule 1AB (in the appropriate position in the table)
This item adds one new table item to Part 4 of Schedule 1AB.
Table item 786 – Antisemitism and discrimination teacher training
New table item 786 establishes legislative authority for government spending on the
Antisemitism and discrimination teacher training program (the program).
The program forms part of the broader $41.0 million Antisemitic Bondi Terrorist Attack package and supports the Australian Government’s commitment to addressing antisemitism and fostering a safer and more inclusive society. It also forms part of the Eliminating Antisemitism Australian Government response to the Special Envoy’s Plan to Combat Antisemitism (www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/
inquiries/australian-govt-response-to-special-envoys-plan-to-combat-antisemitism).
The Special Envoy’s Plan to Combat Antisemitism – A policy-oriented framework for government and the Australian community (the Plan) (www.aseca.gov.au/sites/default/
files/2025-07/2025-aseca-plan.pdf) was developed by Australia’s first Special Envoy to Combat Antisemitism, Ms Jillian Segal AO, and delivered to the Australian Government in July 2025. The purpose of the Plan is to provide a coordinated national approach to preventing, addressing and reducing antisemitism through a set of 13 recommendations spanning education, law reform, online safety, community cohesion, and international cooperation.
On 18 December 2025, the Government formally adopted the Plan and committed to implementing all 13 recommendations in partnership with the Jewish Australian community and the Special Envoy. The media announcement is available at www.pm.gov.au/media/
special-envoys-plan-combat-antisemitism.
Recommendation 3 of the Plan, situated within the broader education, awareness and public discourse section, aims to ensure that the Australian education system embeds strong, consistent responses to antisemitism across early childhood, schools and universities. Its objective is to build understanding of Jewish history and culture, strengthen values-based education that rejects antisemitism, and ensure educators have the tools, training and resources to prevent and respond effectively to antisemitic behaviour.
Key actions under Recommendation 3 include establishing the Antisemitism Education Taskforce chaired by Mr David Gonski AC, undertaking a review of relevant Australian Curriculum elements, providing new online resources and supports for schools to strengthen social cohesion and counter antisemitism and expanding United Nations Educational, Scientific, Cultural Organisation (UNESCO)-related teacher training. The program responds to the last key action.
Australia’s Special Envoy to Combat Antisemitism is currently piloting a UNESCO designed National Approach to Addressing Antisemitism in Australian Schools, which aims to strengthen system-wide capability to understand, prevent and respond to antisemitism. The pilot includes intensive training for policymakers and a six-month professional learning program for teachers and principals, alongside the development of curriculum aligned classroom resources tailored to Australian contexts. Its purpose is to equip education systems with the skills, frameworks and teaching tools needed to address contemporary antisemitism effectively and to support students in developing critical thinking, media literacy, ethical understanding and intercultural awareness.
The Government identified a need to expand the teacher training program because the pilot demonstrates that meaningful change requires building practical, classroom-ready capability across education systems rather than providing general awareness. Teachers learn how to identify antisemitic narratives, manage sensitive conversations, and respond appropriately to incidents. These are all functions that directly influence school safety and student wellbeing. In addition, demand for training is expected to exceed the small pilot cohorts, and achieving a nationally consistent approach demands broader reach across all states, territories and education sectors.
The program will expand on the pilot and aim to support teachers to confidently deliver lessons on antisemitism and strengthen their capacity to identify, prevent and confront antisemitism within school environments. It will promote tolerance and understanding by facilitating the development of educational materials and training resources designed to combat antisemitic prejudices and support respectful, culturally aware practices.
The expanded program will be implemented through a staged national rollout, initially developed in New South Wales and Victoria before extending to Queensland and Western Australia, and subsequently adapted for South Australia, Tasmania, the Northern Territory and the Australian Capital Territory. Tailored versions will also be developed for Catholic and independent school systems through sector-led principles and adaptations. Program delivery will retain the structure of the pilot with curriculum aligned UNESCO resources adapted to each jurisdiction. This approach creates a scalable national framework with system- specific products.
Activities eligible based on the defined pilot components include the delivery of one day policymaker training, a six-month professional learning program for teachers, development and adaptation of curriculum resources suited to Australian state and territory contexts, mapping curriculum entry points, classroom resource development, community engagement activities such as working with the Sydney Jewish Museum, and evaluation activities to assess implementation effectiveness and inform future scalability.
Beneficiaries of the expanded program include policymakers, who gain institutional capability for prevention and response; teachers and principals, who receive intensive and ongoing professional development; students, who benefit indirectly through improved teaching practices and safer school environments; and education systems across government, Catholic and independent sectors, which receive tailored, curriculum aligned resources and support.
The program will be evaluated, with the pilot’s evaluation designed to assess implementation quality, participant confidence, contextual appropriateness and readiness to deliver school level action plans. The evaluation focuses on feedback from participating teachers and school leaders and will inform improvements for the national rollout. Findings from the pilot will also contribute to a more comprehensive evaluation framework to be applied once the program reaches maturity.
Funding amount and arrangements, merits review and consultation
Funding of $5.0 million over two years from 2025-26 will be included in the 2026-27 Budget. Funding for this item will come from Program 1.5: Early Learning and Schools Support (Government Response to the Antisemitic Bondi Terrorist Attack), which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Education Portfolio at pages 12 and 23.
The department will deliver the expanded program through a direct procurement arrangement with UNESCO. UNESCO is the appropriate funding recipient for this initiative due to its demonstrated expertise in delivering high quality education, human rights, and antidiscrimination programs. Established in 1945 to build peace through international cooperation in education, science and culture, UNESCO’s mission is to strengthen the moral and intellectual foundations of society, principles directly aligned with addressing contemporary antisemitism in schools.
Following the antisemitic terrorist attack at Bondi Beach on 14 December 2025, the UNESCO schools program was immediately positioned for rapid scale-up to meet urgent community need. Its existing national framework and ready to deploy training and resources means it is able to be accelerated quickly and cost effectively.
Procurement decisions will be made 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 Procurement Rules 2025 (CPRs).
Decisions to commit and administer expenditure will be made by an appropriately authorised delegate of the Secretary of the department, consistent with the PGPA Act, the PGPA Rule, the Accountable Authority Instructions and Policies Department of Education No. 25-014, Instrument of delegation No. 25-013, the Financial Framework (Supplementary Powers) Act 1997 and the Archives Act 1983 (Archives Act).
The delegate will be a Senior Executive Service officer with responsibility for school education policy and program delivery, and with appropriate experience in administering Commonwealth procurement and funding arrangements.
Information management and record keeping arrangements for the program will be managed in accordance with the Archives Act, ensuring that Commonwealth records relating to procurement, funding decisions and program delivery are appropriately created, retained and managed.
Contract details will be published on AusTender (www.tenders.gov.au) in line with prescribed timeframes and in accord with transparency requirements.
Independent merits review will not be available for the program. The expenditure decision, once made, will be final and not subject to merits review. This expenditure involves an allocation of a finite resource. Review (and potential change) of the decision would affect an allocation that has already been made and impede timely and effective delivery of the program. In addition, the funding will be provided to UNESCO to provide a specific purpose, over other service providers and will be excluded from merits review.
UNESCO brings extensive experience in designing and implementing teacher training, curriculum resources, and national policy frameworks that equip educators to recognise, prevent and respond to antisemitism and related forms of hate. Since 2023, UNESCO has led multi-country training programs specifically aimed at supporting educators to identify and counter antisemitic narratives and behaviours, underscoring its deep capability in this field. In partnership with bodies such as the Organization for Security and Co‑operation in Europe, the Office for Democratic Institutions and Human Rights and the European Commission.
The Administrative Review Council 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 guide, What decisions should be subject to merits review?).
While merits review will not be available, other mechanisms will support transparency and accountability of Commonwealth spending. The funding arrangement will be subject to the requirements of the PGPA Act and the CPRs, including obligations relating to the proper use and management of public resources, record‑keeping and reporting. Contractual arrangements with UNESCO will include performance, reporting and accountability requirements, and procurement and contract information will be published on AusTender in accordance with Australian Government transparency requirements.
In addition, decisions and program implementation may be subject to internal review processes, external scrutiny through parliamentary processes, and oversight by entities such as the Australian National Audit Office and the Commonwealth Ombudsman, where appropriate. These mechanisms provide assurance that decisions are lawful, transparent and consistent with Commonwealth financial management requirements.
Consultation has been undertaken with key stakeholders to ensure the proposed expansion to the program within table item 786 is robust and appropriately informed.
The program responds to the Plan, which was developed following extensive consultation led by the Special Envoy with Jewish community organisations, education sector including universities, peak bodies and individuals with lived experience of antisemitism. This consultation informed the education‑related recommendations in the Plan, including the expansion of UNESCO‑related teacher training.
In designing the expansion of the pilot program, the department consulted with:
- the Department of Home Affairs, which managed procurement and delivery of the original UNESCO teacher training pilot, and provided advice on implementation lessons, delivery considerations and recommended procurement approaches for national expansion;
- UNESCO, as the delivery partner for the pilot program, to confirm capability, scalability, and adaptations required to support rollout across jurisdictions and education sectors; and
- the Office of the Special Envoy to Combat Antisemitism, to ensure alignment with the intent of the Plan, particularly Recommendation 3 on education, awareness and public discourse.
Consultation confirmed the appropriateness of expanding the existing pilot model, the capability of UNESCO to deliver a scalable program, and the need to maintain consistent, evidence‑based approaches.
Key stakeholders relevant to the program include the Special Envoy to Combat Antisemitism, UNESCO, Commonwealth agencies involved in education and social cohesion policy, state and territory education systems, and non‑government education sectors. These stakeholders share a common interest in strengthening system capability to identify, prevent and respond to antisemitism in schools.
Constitutional considerations
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective 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.
Australia is a party to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Covenant on Civil and Political Rights (ICCPR).
CERD
Article 2(1) of the CERD obliges States Parties to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races.
Article 7 of the CERD obliges States Parties to undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view of combatting prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups.
The program will support the expansion of Australia’s Special Envoy to Combat Antisemitism’s UNESCO teacher training program into schools across Australia. The program will equip teachers with targeted resources and training in relation to recognising and addressing antisemitism, enabling those teachers to provide antisemitism education to their students and promote tolerance in response to antisemitism.
ICCPR
Article 2(2) of the ICCPR obliges States Parties to take the necessary steps to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the ICCPR. This includes, relevantly, Article 27 of the ICCPR, which provides that in States where ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
The program will strengthen teachers’ capability to identify, prevent and respond to antisemitism in Australian schools. In doing so, the program will promote tolerance of the Australian Jewish community in school environments. This will support the Australian Jewish community in enjoying the right to enjoy their own culture and to profess and practise their own religion.
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 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 (Education Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Antisemitism and discrimination teacher training program (the program). The program will be administered by the Department of Education.
The program forms part of a broader package of reforms aimed at addressing violence and hate against Jewish communities within Australia. The program also forms part of the Eliminating Antisemitism Australian Government response to the Special Envoy’s Plan to Combat Antisemitism.
Education will play a critical role through embedding culturally aware practices within the curriculum, and strengthening teachers’ understanding and capability to identify, prevent and respond to antisemitism in Australian schools.
Funding of $5.0 million over two years from 2025-26 will be provided to the United Nations Educational, Scientific, Cultural Organisation (UNESCO) to expand the Special Envoy’s UNESCO’s teacher training program, designed to prevent and counter antisemitism in Australia’s education sector.
Human rights implications
This disallowable legislative instrument engages the following rights:
- the rights relating to protection of religious and ethnic minorities – Article 27 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2; and
- the right to non-discrimination and equality – Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), read with Article 2.
Rights relating to protection of religious and ethnic minorities
Article 2(2) of the ICCPR states that: ‘Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the present Covenant’.
Article 27 of the ICCPR states that in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
The funding will support the expansion of Australia’s Special Envoy to Combat Antisemitism’s UNESCO teacher training program into schools across Australia. The program will equip teachers with targeted resources and training in relation to recognising and addressing antisemitism, enabling those teachers to provide antisemitism education to their students. In doing so, the program will promote tolerance of the Australian Jewish community and their practices in Australian school environments. This supports the right in Article 27 (read with Article 2(2)).
Right to non-discrimination and equality
Article 2(1) of the CERD obliges Australia to pursue all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races.
Article 7 of the CERD obliges Australia to undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view of combatting prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups.
The funding to UNESCO is for the purposes of supporting antisemitism education in Australian schools and promoting tolerance in Australian school communities. This funding will ensure that Australian schools are able to properly respond to antisemitism.
The program supports Article 2 by promoting tolerance of the Australian Jewish community in Australian schools, thereby seeking to eliminate racial discrimination and promote understanding among all races.
Consistent with Article 7, the program does so in the field of teaching and education, with a view to combatting prejudices which lead to racial discrimination and to promoting understanding and tolerance among racial and ethnical groups. This assists Australia to meet the above obligations.
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