Financial Framework (Supplementary Powers) Amendment (Education Measures No. 3) 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. 3) 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. 3) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Tackling Bullying and Harmful Behaviour in Schools program (the program). The program will be administered by the Department of Education.

The program responds to key recommendations from the Anti-Bullying Rapid Review and aims to address bullying, cyberbullying and other harmful behaviours and ensure that Australian schools are safe, respectful and inclusive learning environments.

Funding of $10.0 million over two years from 2025-26 will be provided to support two initiatives under the program:

targeted resources for school communities – a practical resource package will be developed, and made freely-available, to assist school leaders, teachers and
non-teaching staff to prevent and address bullying and harmful behaviours in schools. Trauma-informed and evidence-based resources will also be developed for students and parents/carers to support them to understand, prevent and address bullying and harmful behaviours, and help promote and develop the skills required to be an upstander; and
a national awareness campaign – to develop and deliver a national anti-bullying campaign focused on increasing awareness and education on bullying and harmful behaviours. The scope of the campaign will likely include trauma-informed messaging that empowers the community to understand and contribute to positive social change and prevent and address bullying and other harmful behaviours.

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. 3) Regulations 2025

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Education Measures No. 3) 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 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 – 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 771 – Tackling Bullying and Harmful Behaviour in Schools

New table item 771 establishes legislative authority for government spending on the Tackling Bullying and Harmful Behaviour in Schools program (the program).

Australia’s schooling system is committed to creating safe and positive learning environments. Yet bullying and other harmful behaviours continue to harm young people and their futures. Bullying can affect mental health and wellbeing, reduces attendance and engagement, undermines learning outcomes, and can have lifelong impacts on health and relationships. It also damages social cohesion and the economy, and in the most tragic cases, contributes to youth suicide.

On 16 February 2025, the Minister for Education, the Hon Jason Clare MP, announced the appointment of Dr Charlotte Keating and Professor Jo Robinson AM to lead an Anti-Bullying Rapid Review (the Review). The Review aimed to examine what is working to prevent and respond to bullying in schools and what needs strengthening, before reporting to Education Ministers. The Review final report was released on 20 October 2025 (www.education.gov.au/
education-ministers-meeting/resources/education-ministers-meeting-communiqu-october-2025) with eight recommendations for Education Ministers consideration.

Relevantly, recommendation 1 of the Review final report stated that Education Ministers commit to actions and reforms that set a National Standard for every Australian school, including establishing a National Standard on Bullying in Australian Schools (National Standard). The National Standard provides the framework for all school systems and schools to establish shared national expectations and actions and provide confidence that no matter where a student goes to school, bullying behaviours, including harmful antecedent behaviours will be appropriately addressed and the school workforce supported to take appropriate action. The work to tackle bullying, including cyberbullying in schools, sits alongside the Social Media Minimum Age (SMMA) legislation and reforms. The SMMA reforms requires certain social media platforms to take reasonable steps to prevent Australians under
16-year-olds from having an account.

The program responds to key recommendations from the Review and aims to address bullying, cyberbullying and other harmful behaviours and ensure that Australian schools are safe, respectful and inclusive learning environments. Funding under the program will support two initiatives: provision of targeted resources for school communities and a development and delivery of a national anti-bullying awareness campaign.

Targeted resources for school communities

This initiative responds to recommendation 5 of the Review final report, which called for action to empower and equip school communities to prevent and address bullying and other harmful behaviours. Targeted resources will be developed to support school workforce, students, parents and carers.

Support for the school workforce

A practical resource package will be developed, and made freely-available, to assist school leaders, teachers and non-teaching staff deliver on the expectations outlined in the National Standard. These resources may include fact sheets, videos, lesson plans and templates, and are expected to:

focus on harm prevention – including lesson plans teaching ‘upstander’ behaviours, and materials focused on early intervention, wellbeing support for affected students, and effective re-integration of students who have exhibited bullying behaviours;
support a school’s response in the first two school days – including initial communication, wellbeing support, and safety response actions;
support the school workforce to prevent and address cyberbullying, deepfake
image-based abuse, and other online harms;
help address the additional risk factors experiences by equity groups and be culturally safe and inclusive; and
include tailored products developed for First Nations people, LGBTIQA+ students, people with disability, people from culturally and linguistically diverse backgrounds.

Support for students and parents/carers

Trauma-informed and evidence-based resources will also be developed for students and parents/carers to support them to understand, prevent and address bullying, and help promote and develop the skills required to be an upstander.

This includes practical and age-appropriate resources to equip and empower students to positively and safely speak up and intervene when they experience or witness bullying or other harmful behaviours and understand what prosocial in-person and online behaviour looks like, contributing to a culture where these behaviours are not accepted.

The resources would be made freely available, promoted to all school communities to have the greatest reach and impact, including as part of the national awareness campaign.

An external provider/s with expertise in bullying prevention and response in the school context will be engaged through a procurement process to develop the resources in consultation with teachers, school leaders, and other relevant stakeholders. State and territory governments and non-government school sectors will also be engaged to ensure the resources align with local contexts and to support uptake. Resources will provide support for the school workforce, students and parents/carers to help them understand and prevent and respond to bullying and harmful behaviours.

Tailored material will also be developed for priority equity cohorts, including people with disability, First Nations peoples, LGBTIQA+ communities, and culturally and linguistically diverse communities, in recognition of the higher rates of bullying and other harmful behaviours experienced by these groups.

National anti-bullying awareness campaign

This initiative responds to recommendation 3(a) of the Review final report, which called for the Australian Government to lead transformative national actions, including a public awareness campaign.

The Review reflected that bullying and other harmful behaviours are influenced by risk factors that go beyond school gates. Funding under this initiative aims to develop and deliver a national anti-bullying campaign focused on increasing awareness and education to support prevention and responding to bullying and harmful behaviours.

The campaign will use public relations awareness raising mechanisms including to target parents/carers and equity cohorts. The campaign will include trauma-informed messaging that empowers the community to contribute to positive social change and prevent and address bullying and other harmful behaviours.

The scope of the campaign will be determined through consultation with the Department of Finance’s (Finance) Communication Branch, but will likely consist of research (developmental, concept testing and evaluation) and public relations activities to promote awareness of bullying and its impacts and available resources, creative development and advertising (limited to appropriate channels).

The department will engage specialist suppliers via a procurement process to scope and develop the campaign, in addition to harnessing existing research and the review findings for a targeted, trauma-informed approach in collaboration with experts and the education sector. Jurisdictions and other relevant stakeholders will be engaged in the implementation of the campaign.

The development of the measures will be mindful of the incoming SMMA restriction for under 16-year-olds, including ensuring that the campaign uses appropriate methods for any engagement with under 16-year-olds.

Together, these initiatives will help to ensure that every Australian school is a safe, respectful and inclusive learning and work environment in which bullying and other harmful behaviours are not accepted and are appropriately prevented and addressed.

Funding amount and arrangements, merits review and consultation

Funding of $10.0 million over two years from 2025-26 for the program will be included in the 2025-26 Mid-Year Economic and Fiscal Outlook and the Portfolio Additional Estimates Statements for the Education portfolio. Funding for the item will come from Program 1.5: Early Learning and Schools Support, which is part of Outcome 1.

The department will deliver the program via procurement processes 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 2013 and the Commonwealth Procurement Rules.

Limited approach to market processes will be undertaken for the development of the advertising campaign and in accordance with the Australian Government Guidelines on Advertising and Information Campaigns by non-corporate Commonwealth entities.

Suppliers required to work on the campaign are initially engaged under the Government Communications Campaign Panel (GCCP) managed by Finance. The GCCP has five specific areas of services that apply to all campaign advertising:

advertising;
developmental and concept testing market research;
public relations;
communicating with First Nations audiences; and
communicating with multicultural audiences.

In addition to these five suppliers, contracts are also established with Universal McCann (UM), as the master media agency under a Deed of Standing Offer with the Commonwealth, administered by Finance and Hall & Partners (the whole of government campaign evaluation research supplier).

Finance assigns a group of suppliers for the department to engage to supply the relevant services. The department follows the standard procurement process to issue a work order for each supplier, including issuing request for quote, evaluation, and delegate approval before engaging each supplier.

Procurement decisions will be made by a delegate of the Secretary of the department. The delegate will be the relevant Senior Executive Service officer/s with the appropriate skills, knowledge and experience to manage initiatives within their responsibility. The delegate will perform their duties in accordance with the PGPA Act, the Financial Framework (Supplementary Powers) Act 1997 and the department’s Accountable Authority Instructions.

Contract information for each of the campaign supplier’s agency will be published on Austinmer following the procurement process (www.tenders.gov.au).

Independent merits review will not be available for the program. Funding decisions, once made, will be final and not subject to merits review as the decisions involve an allocation of a finite resource and potential change of the decisions would affect an allocation that has already been made and impede timely and effective implementation of the program. 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, ‘What decisions should be subject to merits review?’).

The program responds to the Review findings, which were informed by extensive consultation by the expert co-chairs, including:

receipt of over 1,700 submissions including from students, families, teachers, and organisations;
conducting 115 sessions with more than 610 participants; and
review input from a reference group of key stakeholders

This extensive consultation, as well as additional research commissioned for the Review, formed national priority areas that underpinned the Review’s recommendations, including the recommendation for a campaign and targeted resources. These priority areas are:

the whole school community working together;
creating clarity and confidence in school responses;
intervening early and appropriately;
supporting the school workforce; and
reducing the bullying risks and fostering safe, inclusive and respectful communities.

Key concerns raised and takeaways from the consultation process are captured in the “What the Review Heard” section and throughout the final Report (www.education.gov.au/
antibullying-rapid-review).

The department has consulted across Commonwealth agencies and with states and territories regarding these initiatives. Education Ministers agreed to the Review recommendations in October 2025, including recommendations 3a and 5 outlined above. The department’s Communications Branch have been consulting with the Department of Finance’s Communications Branch regarding the scope of the campaign. Further consultation will occur with relevant stakeholders in implementing the initiatives to ensure messaging is appropriately framed and not duplicative.

The department is also consulting with the Department of Infrastructure, Transport, Regional Development, Communication, Sport and the Arts’ Communication Branch with responsibility for the SMMA campaign in the development of this campaign. This will include drawing upon the research undertaken to inform the SMMA campaign, considering any of their key learnings and working with the same group of campaign suppliers to ensure alignment of messaging.

An external provider with expertise in bullying prevention and response in the school context will be engaged to develop the resources in consultation with the eSafety Commissioner, teachers, school leaders, and other relevant stakeholders, including priority equity cohorts. State and territory governments and non-government school sectors will also be engaged to ensure the resources align with local contexts and there is positive uptake nationally.

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

Communications power

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

The program aims to fund a national awareness campaign and targeted, trauma-informed resources to implement key recommendations of the Review. These resources will address cyberbullying and online harms in Australian schools and promote prosocial online behaviour. These resources may be distributed online through the internet. The national awareness campaign will also address cyberbullying and online harms in Australian schools. Funding for the national awareness campaign may enable the campaign to be delivered online through the internet.

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 has obligations relating to access to education and quality of education under Articles 18(2) and 29(1), read with Article 4, of the 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 18 and 29 of the CRC.

Article 18(2) of the CRC provides that States Parties should 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 29(1) provides that the education of the child shall be directed to:

the development of the child’s personality, talent and mental and physical abilities to their fullest potential (Article 29(1)(a));
the development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations (Article 29(1)(b));
the development of respect for the child’s cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own (Article 29(1)(c)); and
the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin (Article 29(1)(d)).

The program will fund a national awareness campaign and targeted, trauma-informed resources to implement key recommendations of the Review. The proposed expenditure will provide school communities the skills and capability needed to prevent and address bullying in Australian schools. The program will positively impact children—as well as their families, teachers and school staff—by addressing harmful behaviour in schools and enabling them to safely engage in learning. This includes trauma-informed and evidenced-based resources for parents and carers of students to support them to understand, prevent and address bullying. This will assist parents and carers in their caring responsibilities for their children. This assists Australia to meet the above obligations.

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. 3) 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.

The program responds to key recommendations from the Anti-Bullying Rapid Review (the Review) and aims to address bullying, cyberbullying and other harmful behaviours and ensure that Australian schools are safe, respectful and inclusive learning environments.

Funding of $10.0 million over two years from 2025-26 will be provided to support two initiatives under the program:

targeted resources for school communities – a practical resource package will be developed, and made freely-available, to assist school leaders, teachers and
non-teaching staff to prevent and address bullying and harmful behaviours in schools. Trauma-informed and evidence-based resources will also be developed for students and parents/carers to support them to understand, prevent and address bullying, and help promote and develop the skills required to be an upstander; and
a national awareness campaign – to develop and deliver a national anti-bullying campaign focused on increasing awareness and education on bullying and harmful behaviours. . The scope of the campaign will likely include trauma-informed messaging that empowers the community to understand and contribute to positive social change and prevent and address bullying and other harmful behaviours.

Human rights implications

This disallowable legislative instrument engages the right to education – Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2 and Articles 18 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 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’.

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 18 and 29 of the CRC.

Under Article 29(1) of the CRC, the education of the child shall be directed to:

the development of the child’s personality, talent and mental and physical abilities to their fullest potential (Article 29(1)(a));
the development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations (Article 29(1)(b));
the development of respect for the child’s cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own (Article 29(1)(c)); and
the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin (Article 29(1)(d)).

This disallowable legislative instrument promotes the right to education. The program will enable funding of a national awareness campaign and targeted, trauma-informed resources to implement key recommendations of the Review. The program will provide school communities the skills and capability needed to prevent and address bullying in Australian schools.

The program will positively impact children, as well as their families, teachers and school staff, by addressing harmful behaviour in schools and enabling them to safely engage in learning. Additionally, the program will allow for trauma-informed and evidenced-based resources to be developed for parents and carers of students to support them to understand, prevent and address bullying. This will assist parents and carers in their caring responsibilities for their children.

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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