EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Health, Disability and Ageing Measures No. 1) 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 (Health, Disability and Ageing Measures No. 1) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the Department of Health, Disability and Ageing.
Funding will be provided for the following initiatives:
- a grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists to deliver training for multidisciplinary healthcare teams and hospital staff with responsibility for delivering maternity or maternity-related services in rural, regional and remote communities ($1.4 million over two years from 2025-26);
- the expansion of the Medicare Mental Health Centres and Telephone Referral Service program to provide access to free mental health support for adults experiencing mental health challenges ($267.3 million over four years from 2025-26);
- the Aboriginal and Torres Strait Islander Health Professional Organisations program to address the current and future health needs of First Nations people by growing the First Nations health workforce ($57.0 million over four years from 2026-27);
- the Perinatal Mental Health Centres to support the mental health of new and expectant parents experiencing, or at risk of, perinatal mental illness ($13.0 million over four years from 2025-26);
- the Rural Health Multidisciplinary Training Program to improve the geographic distribution and retention of the health workforce across Australia through the delivery of positive and immersive regional, rural and remote education and training experiences ($264.6 million per year over three years from 2026-27); and
- the youth specialist care centres to support young people with complex mental health needs who require specialist support ($490.3 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 Health, Disability and Ageing.
Attachment A
Details of the Financial Framework (Supplementary Powers) Amendment
(Health, Disability and Ageing Measures No. 1) Regulations 2026
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health, Disability and Ageing Measures No. 1) 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 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 Health, Disability and Ageing (the department).
The terms ‘Aboriginal and Torres Strait Islander’ and ‘First Nations’ are used interchangeably throughout this attachment, and no distinction is intended.
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 113 – Grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists
New table item 113 establishes legislative authority for the Government to provide a grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) to deliver the Obstetrics and Gynaecology Education and Training (OGET) program (the program).
The program, which commenced as a 12-month pilot in 2022, delivers onsite or outreach training and education to medical professionals who provide maternity or maternity-related services in rural, regional and remote communities. The program supports the National Medical Workforce Strategy 2021-2031 (www.health.gov.au/our-work/national-medical-workforce-strategy-2021-2031) by building a flexible and responsive medical workforce to provide better targeted and more innovative clinical support, education and training to medical professionals in regional, rural and remote areas. Through access to continuing professional development, the program ensures that a range of medical professionals (including general practitioner (GP) obstetricians, midwives, theatre nurses, anaesthetists, and GPs) can upskill to increase access to maternity related services in regional, rural and remote communities that have limited access to specialist obstetrics and gynaecology (O&G) care.
The program is administered by the RANZCOG, the peak medical body responsible for training and accrediting doctors in the specialties of O&G, and training is delivered by a RANZCOG Fellow or Associate. Associates include Procedural Fellows who have completed the Associate Training Program (Procedural) (PTP) and Advanced Procedural Fellows who have completed the Associate Training Program (Advanced Procedural) (APTP).
The program pilot was delivered across four hubs in Northern Territory (NT)/Western Australia (WA), Queensland (QLD), New South Wales (NSW) and Victoria (VIC). The pilot showed positive outcomes, including strong uptake (274 participants across Australia), and feedback about the setup and format of the program, which is based on a ‘hub and spoke’ model. The pilot also enabled networking and knowledge-sharing opportunities in rural and remote areas and provided the basis for a scalable and sustainable program, able to be adjusted and used across a range of health settings. Following the successful completion of the pilot, the Government continued to support the delivery of the program to build a capable and confident workforce of medical professionals in regional, rural and remote areas where the availability of O&G specialists is limited.
To date, the program has supported the following confirmed regional hospital hubs across Australia:
- VIC – Warrnambool;
- NSW – Orange, Wagga Wagga, Newcastle;
- QLD – Sunshine Coast (Birtinya), Toowoomba, Cairns;
- South Australia (SA) – Mount Barker;
- NT – Darwin; and
- WA – Broome, Bunbury.
Locations of the regional hospital hubs were selected through an initial Expression of Interest (EOI) process, undertaken by RANZCOG to select the four hubs for the pilot program and expanded for additional sites (SA, Tasmania (TAS) and additional sites in NSW). In undertaking the EOI process, RANZCOG considered the following:
- remoteness of the proposed peripheral sites;
- number of sites that the hub can deliver training;
- number of training sessions that the hub can deliver;
- focus of delivery to regional, rural and remote locations;
- number of specialists per 100,000 population in the region;
- number of Diploma of the RANZCOG (DRANZCOG) and DRANZCOG Advanced Diplomates or Trainees in the hub (now called APTP); and
- Indigenous population in the catchment area.
Proposals for each site were reviewed and approved by the RANZCOG OGET Project Group which considers and supports proposals in line with:
- funding availability;
- workforce data;
- community need;
- equitable distribution of the program across Australia; and
- prospective hubs ability to demonstrate a concerted effort to make meaningful connections with its supported sites.
The OGET Project Group reports to the RANZCOG Board, which oversees the delivery of the program, helping to deliver a scalable and sustainable program that can be customised and replicated across other health care settings and ensuring it addresses community need. The OGET Project Group comprises one RANZCOG Board or Council Member, the RANZCOG President, the RANZCOG CEO and one RANZCOG Fellow representing each OGET state/territory.
The program is open to all interested members of the multi-disciplinary teams in the hub networks to participate within the boundaries of safe provisional clinical care as part of the training session. However, each OGET topic session has a recommended mix of participants to optimise the individual sessions. The approach also ensures the program meets its intended outcomes, which are to:
- improve the capacity, quality and distribution of the health workforce to better meet the needs of the Australian community;
- increase the number of health workers delivering services in rural, regional and remote Australia; and
- support the First Nations health workforce in addressing the needs of First Nations peoples through activities that increase the capacity of the First Nations health workforce and the broader health workforce.
Funding amount and arrangements, merits review and consultation
Funding of $1.4 million for the program was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Health Workforce’ for a period of two years commencing in 2025-26. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025 PEFO at pages 247-248.
Funding for the item will come from Program 1.4: Health Workforce, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing Portfolio at pages 28 and 47.
The department will engage the RANZCOG to administer and facilitate the program through a closed, non-competitive grant process. The RANZCOG is eligible for the grant opportunity on the basis that the organisation has:
- the capability to deliver the specified grant activities (RANZCOG established and currently administers the program);
- existing infrastructure and relationships to undertake the grant activities;
- demonstrated history of performance of its current activities and reporting arrangements; and
- responsibility for training, accrediting and supporting the development of women’s health professionals, with the goal of delivering excellence in women’s health.
The grant will be administered in accordance with the Commonwealth Resource Management Framework, including the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and the Commonwealth Grants Rules and Principles 2024 (CGRPs). Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grant.
Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au). The grant will be administered by the Community Grants Hub, which is part of the Department of Social Services (DSS). A delegate of the Secretary of the department will be the decision maker for the selection of a provider under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act). The delegate will be at the Senior Executive Service (SES) Band 1 level and have appropriate experience and knowledge to exercise this function.
The provision of funds to the RANZCOG is not considered suitable for independent merits review because the funding will be delivered through a closed, non-competitive grant process to an organisation that the department has assessed as suitable.
Funding decisions made in connection with the grant is not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the grant are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The grant, by its nature, is unlikely to affect the interests of a sole individual and any funding that has already been allocated would be affected if the original decision was overturned. The Administrative Review Council (ARC) has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review? (ARC guide)).
The review and audit process undertaken by the Australian National Audit Office (ANAO) provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
In any case, the right to review under subsection 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The department has a strong stakeholder relationship with RANZCOG due to its long-term role in delivering other key health workforce programs. The department meets with RANZCOG on an ad hoc basis to discuss broader O&G workforce issues, as well as the performance of RANZCOG in delivering other health workforce programs. The most recent meeting between the department and RANZCOG was held in mid-September 2025. Consultation with RANZCOG will continue throughout the life of the grant agreement.
The department will also undertake an internal desktop review of the program in early 2026, which is expected to involve considerable consultation with the RANZCOG around how the program is meeting its objectives and outcomes. Due to the size of the program, the desktop review will be informed by data and information sourced by RANZCOG as part of its own evaluation activities, RANZCOG performance reporting and participant training surveys.
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 treaty implementation aspect of the external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Australia is a party to the ICESCR [1976] ATS 5. Article 2 provides the general obligation of States Parties to undertake steps, including the adoption of legislative measures, to achieve the full realisation of the rights recognised in the Covenant. Article 12(1) recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Article 12(2) further provides a non-exhaustive list of ‘steps’ to be taken by the Parties to achieve the full realisation of the right to health. Article 12(2)(c) refers to steps necessary for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases’. Article 12(2)(d) outlines steps necessary for ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
Grant funding to the RANZCOG will support activities to ensure medical practitioners and other health professionals meet appropriate standards of education, skill and ethical codes of conduct relating to maternity and maternity-related services in rural, regional and remote areas.
Amended table item 413 – Medicare Mental Health Centres and Telephone Referral Service
Item 2 – Part 4 of Schedule 1AB (table item 413, column headed “Program”)
Table item 413 establishes legislative authority for government spending on the
Medicare Mental Health Centres and Telephone Referral Service program (the program).
Item 2 amends table item 413 by omitting “Adult” and substituting “Medicare” in the column headed “Program”. This is a technical amendment reflecting the preferred reference to the name of the program.
Item 3 – Part 4 of Schedule 1AB (table item 413, column headed “Objective(s)”)
Item 3 amends table item 413 by omitting “To support” and substituting “To establish, support” in the column headed “Objective(s)”. The amendment reflects the expanded scope of the program to establish additional Medicare mental health centres.
Item 4 – Part 4 of Schedule 1AB (table item 413, column headed “Objective(s)”, paragraph (a))
Item 4 amends table item 413 by omitting “adult mental health centres” and substituting “Medicare Mental Health Centres” in the column headed “Objective(s)” at paragraph (a). This is a technical amendment to align the name of the program with the funding objective.
The program will fund community-based adult mental health services delivered by multidisciplinary teams through the establishment of Medicare Mental Health Centres (Centres). The Centres aim to address the shortfall in the availability of services for people with mental illness who require more support beyond what can be delivered through the limited Medicare Benefits Schedule(MBS)-rebated individual sessions with psychologists, but not severe enough to reach the threshold for access to state or territory funded specialised mental health services. The Centres offer:
- immediate help and follow-up for people in distress;
- support for people with diagnosable mental health conditions;
- assessment and short to medium-term support for people with moderate to severe mental health concerns;
- support for carers and families of people experiencing mental health distress; and
- help connecting people to health, mental health, and social supports such as housing and employment.
In the 2019-20 Budget, the Australian Government committed $114.5 million to fund the trial of eight Centres, previously called ‘Adult Mental Health Centres’ to be established in each state and territory. Further funding of $487.2 million was provided in the 2021-22 Budget to support the ongoing operation of the eight Centres, expand the national ‘Head to Health’ centre and satellite network, establish a national assessment and referral phone service and communications activities. A total of 61 Centres were established across 65 locations nationally (57 new full and small Centres, in addition to continued funding for the initial eight Centres), implemented through a phased approach in partnership with Australian states through the National Mental Health and Suicide Prevention Agreement bilateral schedules (https://federalfinancialrelations.gov.au/agreements/mental-health-suicide-prevention-agreement).
As part of the Australian Government’s 2025 election commitment to improve mental health, additional grant funding of $267.3 million will be provided to Primary Health Networks (PHNs) to deliver 26 new and six upgraded Centres nationally, taking the total number of centres to 91. The Centres expansion is for the purposes of:
- building on the mental health reforms to support a more fully effective stepped system of care to meet individual needs;
- broadening the reach of high quality, free mental health care which will address structural inequities due to the high out of pocket fees in the private mental health system;
- responding to the Better Access to Psychiatrists, Psychologists and General Practitioners through the MBS initiative (Better Access) independent evaluation (Better Access Evaluation) to address the following issues raised in the evaluation:
- Australians with more severe and complex mental ill health require a more multidisciplinary, holistic approach to care than is available through Better Access; and
- Better Access should be supplemented by other multidisciplinary models that offer clinical and non-clinical supports.
The objectives of the Centres are to reduce gaps in the mental health system by:
- providing a highly visible and accessible entry point to services for people experiencing psychological distress, where all feel safe and welcomed;
- offering assessment to match people to the services they need;
- providing on the spot support, care and advice without needing referral, prior appointments or out of pocket cost; and
- offering an episode of care model based on short to medium term multidisciplinary collaborative care, aimed at improving psychological wellbeing for people with moderate to high levels of mental health need, whose needs are not being met through other services.
The Centres will be commissioned and delivered in accordance with the National Service Model and relevant clinical care standards. The PHN program model is designed to provide funding to a PHN, which then commissions services based on their knowledge of the sector and the capability to deliver outcomes required for the department. PHNs have responsibility for undertaking data analysis and working with local communities, clinicians, service providers and state and local governments to identify and prioritise the health care needs of the population in their region. PHNs also play a key role in supporting general practice and other health service providers to improve the integration of health services at the local level.
Usage of the Centres is monitored through service contacts which provides clear data on the usage of the Centres. A service contact is the provision of a service by one or more PHN commissioned mental health service provider(s) for a client where the nature of the service would normally warrant a dated entry in the clinical record of the client. In accordance with the expansion of the network to 91 Centres, the department anticipates that the number of total service contacts will double to approximately 630,000 from 2029-30 once all Centres are fully operational.
Centres are staffed by qualified mental health professionals and people with lived experience of mental health challenges who work together to support clients. The multidisciplinary staffing composition in Centres may include psychologists, psychiatrists, nurses, allied health professionals such as occupational therapists, peer support workers, family support workers, Aboriginal health workers, and staff with alcohol and other drugs training. The National Service Model currently allows flexibility in workforce composition to address local needs. Service delivery and capacity will vary between each Centre based on local demand, workforce availability and opening hours. The staffing level and mix is not mandated.
To address workforce challenges, the centralised service provides a pool of psychiatrists and psychologists that operate as part of an individual Centre’s multidisciplinary team (through telehealth) to provide primary and secondary services. The intended outcomes of the centralised service are:
- broadening the reach of the clinical capacity of Centres by ensuring a minimum level of access to psychiatrists and psychologists across the Centre network, particularly in regional and remote communities;
- addressing inequity by increasing access to free psychiatry and psychology services for consumers of Centres; and
- safely and appropriately support the needs of people with complex mental health needs through clinical care.
The overarching National Service Model allows for local flexibility to meet the needs of each region. Centres offer a welcoming place for anyone to access free and confidential mental health support. To access services, people can walk into their nearest Centre or call Medicare Mental Health on 1800 595 212 to speak with a trained professional for advice and connection to appropriate supports.
Services are targeted to adults, but Centres can provide initial treatment, care and support for a young person (under 18 years old) if they present to a Centre and it is clinically appropriate to do so. This may be determined in consultation with the young person, their family and carers, and community mental health service providers in the individual’s region. The mature minor principle applies in determining appropriate treatment for young people. Where there is a more appropriate service available to provide treatment, the young person will be warmly referred to another service, based on the individual’s assessed needs and preferences.
Centres must adhere to the principles of the Gayaa Dhuwi (Proud Spirit) Declaration in the development and delivery of services to ensure culturally safe services for Aboriginal and Torres Strait Islander people are included as part of the broader model. Centres must be safe and inclusive to all who present, including members of LGBTIQ+ communities and people from Culturally and Linguistically Diverse (CALD) communities. Some Centres will be established with expertise focused on providing care for particular at- risk groups, such as LGBTIQ+ or Aboriginal and Torres Strait Islander mental health, based on identified areas of need.
To support continuous improvement, the Centres have been independently evaluated. The first evaluation (www.health.gov.au/resources/publications/independent-evaluation-of-headtohelp-and-amhcs-final-evaluation-report), undertaken by Nous Group in 2021, found that the Centres significantly improved access to care, reduced barriers to help-seeking, enhanced service navigation and highlighted that consumer needs were more complex than initially anticipated, requiring longer and more intensive support than originally planned. A second evaluation (led by Monash and Melbourne Universities) was completed in December 2025.
Funding amount and arrangements, merits review and consultation
Funding of $267.3 million for the Centres was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘More Free Mental Health Services’ for a period of four years commencing in 2025-26 (and $132.0 million per year ongoing). Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025-26 Budget at pages 253-254.
Funding for the item will come from Program 1.2: Mental Health and Suicide Prevention, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing portfolio on pages 29 and 46.
Funding for new and upgraded Centres will be provided to select PHNs through a closed, non-competitive grant process. PHNs have the necessary existing established networks and ongoing relationships with Centres, as well as administrative arrangements that can be leveraged to continue to deliver the program effectively and efficiently. Eligible organisations have been assessed by the department to have:
- capability to deliver the grant activities in the agreed timeframes;
- existing infrastructure and relationships to support the grant activities;
- experience, knowledge of and capability to deliver the grant objectives and outcomes; and
- demonstrated value for money in commissioning services in their local market to deliver outcomes.
The grant 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 has developed grant opportunity guidelines and will have regard to the nine key principles in administering the grant.
Grant opportunity guidelines and information about the grant is available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, part of DSS. A delegate of the Secretary of the department under the FFSP Act will be responsible for approving Commonwealth funding provided to eligible organisations. The delegate will be at SES Band 1 level and have appropriate experience and knowledge to exercise this function.
The decision to provide grant funding to particular PHNs to establish and operate the Centres are not considered suitable for independent merits review as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the grant are not directed towards the circumstances of particular persons, but rather applies generally to the community, and is therefore considered to be unsuitable for review. The grant, by its nature, is unlikely to affect the interests of any one person and any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC guide).
The review and audit processes undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
Consultation on the Centres was informed by expert mental health clinicians, service providers, PHNs and people with a lived experience of mental illness.
On 10 October 2019, the then Minister for Health agreed to the establishment of a Technical Advisory Group (TAG) to support development of the then Adult Mental Health Centres National Service Model. Members of the TAG provided advice and guidance at regular meetings held with the department. The professional expertise and advice played an influential role in achieving the following:
- defining the core components of the Centres, including workforce composition, through the development of the National Service Model;
- successful public consultation to inform the National Service Model;
- endorsing the use of consistent assessment and referral processes though the Initial Assessment and Referral method;
- shaping the direction of national branding for the Centres; and
- discussing ongoing oversight of the trial through evaluation.
The department undertook public and targeted consultation from 1 July 2020 regarding the principles and National Service Model that underpinned the eight Centres announced as part of the 2019-20 Budget. Feedback from interested consumers, carers, health professionals and organisations was collated and provided to the TAG for consideration to finalise development of the National Service Model.
PHNs also conduct local consultation with relevant community stakeholders as part of the commissioning process which ensures that the Centres are culturally sensitive and integrate seamlessly with existing mental health services in the local regions they are established.
Evaluations of the program to date have demonstrated value for money and achievement of program objectives. The independent evaluations and a Clinical Review of the program currently underway by the department will inform the development and implementation of future grant opportunities and in line with requirements under the Commonwealth resource management framework, including the CGRPs.
Constitutional considerations
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:
- the communications power (section 51(v));
- the social welfare power (section 51(xxiiiA));
- the external affairs power (section 51(xxix)); and
- the territories power (section 122).
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 funding will support Centres to provide digital mental health services and telehealth services including a centralised psychology and psychiatry service which will provide primary and secondary services via telehealth.
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including with respect to medical services (but not as to authorise any form of civil conscription).
The funding is for Centres to provide mental health support to Australians with mental health conditions.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The treaty implementation aspect of the external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
Convention on the Rights of Persons with Disabilities (CRPD)
Article 1 of the CRPD states that the purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Article 4 of the CRPD states that States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind based on disability.
Article 25 of the CRPD states that States Parties recognise that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination based on disability and shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation.
The funding will support access to Centres for all Australians facing mental health issues and seeking mental health support.
ICESCR
Australia is a party to the ICESCR [1976] ATS 5. Article 2 provides the general obligation of States Parties to undertake steps, including the adoption of legislative measures, to achieve the full realisation of the rights recognised in the Covenant. Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Article 12(2) further provides a non-exhaustive list of steps to be taken by the Parties to achieve the full realisation of the right to health. Article 12(2)(c) refers to steps necessary for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Article 12(2)(d) outlines steps necessary for ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
The funding will support Centres to provide mental health support to Australians facing mental health issues.
Territories power
Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’.
The funding will support the establishment and upgrading of Centres in territories.
Item 5 – In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds four new table items to Part 4 of Schedule 1AB.
Table item 778 – Aboriginal and Torres Strait Islander Health Professional Organisations
New table item 778 establishes legislative authority for government spending on the Aboriginal and Torres Strait Islander Health Professional Organisations (HPOs) program (the program).
The National Agreement on Closing the Gap (the National Agreement) (www.closingthegap.gov.au/national-agreement) commits all governments to a new era of partnership and shared decision-making to close the gap in life outcomes for Aboriginal and Torres Strait Islander people. The National Agreement recognises that Aboriginal and Torres Strait Islander people are best placed to determine what works for their people and communities, in addition to acknowledging that the unique strengths of Aboriginal and Torres Strait Islander knowledge and cultures are critical to driving change. At the centre of the National Agreement are four Priority Reforms that focus on changing the way governments work with Aboriginal and Torres Strait Islander people, and are intended for:
- strengthening and establishing formal partnerships and shared decision making;
- building the Aboriginal community-controlled sector;
- transforming government organisations to eliminate racism and embed cultural responsiveness; and
- improving and sharing access to data and information with Aboriginal and Torres Strait Islander communities to make informed decisions.
The National Aboriginal and Torres Strait Islander Health Workforce Strategic Framework and Implementation Plan 2021-2031 (Workforce Plan) (www.health.gov.au/resources/
publications/national-aboriginal-and-torres-strait-islander-health-workforce-strategic-framework-and-implementation-plan-2021-2031) aims to increase the proportion of Aboriginal and Torres Strait Islander people in the health workforce to reach population parity by 2031 and strengthen the cultural safety of the health system more broadly to eliminate racism from workplaces and the provision of care. The Workforce Plan will directly impact multiple Closing the Gap targets, including those that support both students and employment. The National Aboriginal and Torres Strait Islander Health Plan 2021-2031 (Health Plan) (www.health.gov.au/resources/publications/national-aboriginal-and-torres-strait-islander-health-plan-2021-2031) was developed in alignment with the Workforce Plan and recognises the importance of an appropriately skilled, available and responsive Aboriginal and Torres Strait Islander health workforce.
Funding for the program will be provided as grants to four Aboriginal and Torres Strait Islander HPOs to grow and strengthen the capacity and capability of the Aboriginal and Torres Strait Islander health workforce, and to contribute to increasing cultural safety across the broader health workforce. The four HPOs are member-based Aboriginal and Torres Strait Islander Community Controlled Organisations which contribute to national health policy and program development. The HPOs engage with members and stakeholders, provide expert advice to government and deliver education and training to First Nations health professionals. The HPOs are the only representative bodies for each of their respective health workforce cohorts and comprise:
- Australian Indigenous Doctors’ Association Ltd (AIDA), established in 1998 to grow ethical and professional Aboriginal and Torres Strait Islander doctors who will lead and drive equitable and just health outcomes for all Aboriginal and Torres Strait Islander peoples;
- Congress of Aboriginal and Torres Strait Islander Nurses and Midwives Limited (CATSINaM), established in 1997 to lead the nursing and midwifery workforce to improve health outcomes for Aboriginal and Torres Strait Islander peoples;
- Indigenous Allied Health Australia Ltd (IAHA), established in 2009 to support the empowerment of the Aboriginal and Torres Strait Islander allied health workforce to lead transformative change, embedding Aboriginal and Torres Strait Islander ways of working and knowing, being and doing; and
- National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners Ltd (NAATSIHWP), established in 2009 to improve understanding in the health system of the role, scope and effective deployment of Aboriginal and/or Torres Strait Islander Health Workers and Health Practitioners, as a vital and valued component of a strong professional Aboriginal and Torres Strait Islander health workforce needed to close the gap in health outcomes for Aboriginal and Torres Strait Islander people.
The Government has provided funding support to the four HPOs for over 20 years which has enabled the HPOs to build deep expertise and trusted relationships across the health sector and Aboriginal and Torres Strait Islander communities. The program aligns with the National Agreement and recognises self-determination, partnership and shared decision making as the best way to close the gap in health outcomes for Aboriginal and Torres Strait Islander people. The objectives of the program are:
- building the capacity of the HPOs to foster strong, reciprocal relationships with governments, institutions, peak bodies and Aboriginal and Torres Strait Islander communities, to collectively shape and advance national health workforce reform and policy;
- supporting Aboriginal and Torres Strait Islander participation, progression and retention across health learning and training pathways by ensuring learning and training environments are culturally safe, supportive and responsive;
- supporting, building and sustaining the Aboriginal and Torres Strait Islander health workforce through targeted workforce engagement, mentorship, and professional development opportunities;
- enabling and supporting the capacity and leadership development of the Aboriginal and Torres Strait Islander health workforce through influential, culturally safe and system-strengthening initiatives;
- influencing and enhancing the conditions, opportunities and supports that foster capacity and leadership within the Aboriginal and Torres Strait Islander health workforce;
- shaping and reforming health system policies, standards and environments to enable and sustain culturally safe practice across all health professionals; and
- strengthening qualitative and quantitative evidence, guided by Indigenous Data Sovereignty, community authority and knowledge transfer to monitor progress, identify gaps, support quality improvement and influence reform.
The program will fund baseline activities to align with the Workforce Plan, which includes:
- developing national health workforce policies and programs, including provision of expert advice to government;
- engaging with members and stakeholders;
- supporting and developing the Aboriginal and Torres Strait Islander health workforce;
- supporting and delivering cultural safety initiatives;
- monitoring, evaluating and reporting on activities and progress against objectives; and
- other activities in agreement with the department.
The HPOs may also undertake additional initiatives as targeted activities which will support initiatives to build the skills, capacity, and leadership across all health disciplines, roles, and functions and improve career pathway options for Aboriginal and Torres Strait Islander people. Targeted activities that will be funded under the program include the continuation of activities currently underway and managed by the IAHA and CATSINaM, including:
- IAHA - National Aboriginal and Torres Strait Islander Health Academy - provides career pathways in the health and social assistance sectors for Aboriginal and Torres Strait Islander Year 11 and 12 students. Participants are supported to enter a school-based traineeship pathway, complete a Year 12 qualification, gain work experience and obtain a Certificate III in Allied Health Assistance.
- IAHA - Leadership Program – develops a greater understanding of leadership, cultural governance, compliance, and ethics to become an effective, culturally responsive Aboriginal and Torres Strait Islander leader.
- CATSINaM - Leaders in Indigenous Nursing and Midwifery Education Network:
- supports nursing and midwifery educators to provide the highest quality education and training on cultural safety and Aboriginal and Torres Strait Islander health, history and culture; and
- contributes to graduating nurses and midwives who are better prepared to provide culturally safe health services to Aboriginal and Torres Strait Islander people.
- supports the recruitment and retention of Aboriginal and Torres Strait Islander nurses and midwives.
In addition, the following two new targeted activities will be funded for two years and managed by the CATSINaM and NAATSIHWP:
- CATSINaM – this activity will build supportive place-based networks of Aboriginal and Torres Strait Islander nurses, midwives and students, who are best placed to provide tailored-support that is responsive to the local infrastructure and socio-cultural complexities.
- NAATSIHWP – this activity will strengthen the capacity of Aboriginal and Torres Strait Islander Health Practitioners and Health Workers by supporting them to work to their full scope of practice. Through national collaboration and policy alignment, the initiative will ensure that the roles and scope of these professionals are clearly defined, widely understood, and consistently respected across the health system.
A recent evaluation of the program, conducted by an independent First Nations-owned consultant (Outpost Consulting) and finalised in July 2025, found the HPOs to be uniquely positioned to contribute to growing the Aboriginal and Torres Strait Islander health workforce. The methodology centred on consultation with the HPOs, the department, the Community Grants Hub, and other representatives from the Aboriginal and Torres Strait Islander health sector, mainstream professional associations and education and training providers. Key findings from the evaluation include:
- there was strong evidence from qualitative sources and document review that the grants have made a significant contribution at the strategic level to better quality health workforce planning and policies, specifically through partnerships with key bodies and the inclusion of HPOs in the development and co-design of numerous national and state-level policies, plans and strategies;
- workforce data indicates slow but steady growth in the number of Aboriginal and Torres Strait Islander health professionals over the past five years, with the proportion of registered health professionals increasing from 0.99 per cent in 2018 to 1.21 per cent in 2023;
- demonstrated efficiency of the grants, finding that significant activities have been delivered at a minimal cost;
- strong stakeholder support from HPO members, community-controlled health sector representatives, health service representatives and government representatives for the HPO grants, which affirmed the unique value, credibility and authority of the peak organisations;
- the HPOs have developed reputations as trusted advisors for members, stakeholders and government and have been acknowledged as having specialist knowledge and expertise on the Aboriginal and Torres Strait Islander health workforce, as well as implementing successful models of engagement with First Nations people; and
- considering future funding needs to implement Workforce Plan requirements and longer-term funding cycles.
The final evaluation report has been provided to the HPOs and stakeholders involved in the evaluation including the Aboriginal and Torres Strait Islander community-controlled health sector, primary health care providers, education and research institutes, health workforce peak bodies, mental health organisations, local hospital and health services, state and territory governments and Australian Government agencies, including the National Indigenous Australians Agency.
Funding amount and arrangements, merits review and consultation
Funding of $57.0 million over four years from 2026-27 for the item will come from Program 1.3: First Nations Health, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing portfolio on page 47.
Funding will be provided through a closed, non-competitive grant process. The purpose of the funding is to ensure the continuity of activities to support the Aboriginal and Torres Strait Islander health workforce. The HPOs are eligible for grant funding as they have been assessed by the department to have:
- demonstrated experience and knowledge in supporting the Aboriginal and Torres Strait Islander health workforce and addressing local population needs – the HPOs are the only representative bodies for each of their respective health workforce cohort and their activities are culturally responsive and accountable to the specific needs and values of communities;
- existing infrastructure and relationships to support the funding activities – consistent investment has enabled the HPOs to build deep expertise and trusted relationships across the health sector and Aboriginal and Torres Strait Islander communities;
- knowledge of and capability to deliver the objectives and outcomes; and
- capability and capacity to provide and operate the services to ensure a consistent and integrated service delivery approach.
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 and will have regard to the nine key principles in administering the grant.
Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au). The grants will be administered by the Community Grants Hub, part of DSS. A delegate of the Secretary of the department under the FFSP Act will be the decision maker for the grant and will be responsible for approving Commonwealth funding provided to eligible organisations. The delegate will be at SES Band 1 level and have appropriate experience and knowledge to exercise this function.
Grant allocation decisions made in connection with the program is not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the grant are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The grants, by their nature, are unlikely to affect the interests of a sole individual and any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).
The review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
In any case, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The department has a strong stakeholder relationship with the HPOs and has undertaken extensive and ongoing consultation on the delivery of the program. The department meets with the HPOs on a bi-monthly basis with the most recent set of meetings held from
17-20 November 2025. These meetings included discussions regarding the current HPO grants, work undertaken by the HPOs contributing to the outcomes of the program, and broader discussions about the Aboriginal and Torres Strait Islander health workforce. In addition, the HPOs are members of the Coalition of Peaks, a representative body of more than 80 Aboriginal and Torres Strait Islander community-controlled peak organisations, who strive to ensure that Aboriginal and Torres Strait Islander people have a meaningful say on policies and programs that impact them through formal partnerships with Australian governments. Their participation in this forum provides the opportunity to embed their work in broader efforts towards closing the gap and self-determination.
Ongoing consultation within the sector is a key part of the program’s monitoring and governance mechanisms. Consultation with the HPOs and other key stakeholders, as appropriate, will continue throughout the life of the grant agreement. In addition, the findings from the final evaluation report will continue to inform the development and implementation of future grant opportunities and in line with requirements under the Commonwealth resource management framework including the CGRPs.
Constitutional considerations
Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the race power (section 51(xxvi)) of the Constitution.
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 purpose of the program is to support the Aboriginal and Torres Strait Islander health workforce by improving the skills, capacity and recruitment of Aboriginal and Torres Strait Islander health professionals. Funded activities will include leadership training for Aboriginal and Torres Strait Islander health professionals, training on providing culturally safe health services, and social assistance and health career pathways for Aboriginal and Torres Strait Islander students.
Table item 779 – Perinatal Mental Health Centres
New table item 779 establishes legislative authority for government spending on the Perinatal Mental Health Centres (the Centres) to support the mental health and wellbeing of new and expectant parents experiencing, or at risk of, perinatal mental illness.
Perinatal depression and anxiety (PNDA) affects an estimated 100,000 families in Australia every year. PNDA presents in 30-50 per cent of mothers, and 15 per cent of partners and
non-birthing parents and the prevalence rates of perinatal mental health illness (including PNDA) are rising due to increased stress of family displacement, and greater financial pressures (Filippe et al (2022), ‘The mental health crisis of expectant women in the UK: Effects of the COVID-19 pandemic on prenatal mental health, antenatal attachment and social support’, BMC Pregnancy and Childbirth). Ensuring that new and expectant parents are healthy, and that any risk to their mental health and wellbeing are identified and managed early, is essential to giving families the best start to parenthood.
On 16 April 2025, the Australian Government announced through the Strengthening Medicare: More Free Mental Health Services election commitment, support for eight new specialised perinatal mental health centres, expanding the national network to 20 Centres to provide free, local care for new and expectant parents. Increasing the number of Centres across Australia will help to address current demand and provide increased access to psychological services for new and expectant parents, with no out-of-pocket expenses. Each Centre will provide perinatal mental health support to approximately 780 parents each year.
The Centres are established and operated by Gidget Foundation Australia (GFA), a not-for-profit organisation established in 2001 to support the mental health of new and expectant parents. The Centres aim to ensure parents receive accessible, timely and specialist psychological care, through the Gidget House Service Delivery Model of Care, which includes bulk-billed, individual psychological sessions, delivered under the Better Access Initiative, with a GP referral and mental health care plan.
The Centres are physical locations where families can access face-to-face support with a clinician. GFA’s model of care is flexible and lends itself to a blended mode of appointment delivery through telehealth or in person. New and expectant parents will have access to specialist perinatal mental health clinicians ranging from clinical psychologists, registered psychologists and mental health accredited social workers.
The initial 12 Centres were announced in the 2022-23 Budget and are currently located in:
- VIC – Point Cook and Wendouree (both operational);
- QLD – Burleigh Heads and Greenslopes (both operational);
- WA – Harrisdale (operational) and Yanchep (due to be operational in 2025-26;
- TAS – Hobart (operational);
- SA – Elizabeth and Murray Bridge (due to be operational in 2025-26);
- NT – Berry Springs (due to be operational in 2025-26);
- Australian Capital Territory (ACT) – Tuggeranong (due to be operational in July/August 2026); and
- NSW – Fairfield and Central Coast (due to be operational in 2025-26).
The objectives of the Centres are:
- supporting and improving the mental health outcomes of new and expectant parents through targeted interventions;
- providing accessible, evidence-based multidisciplinary care through clinical psychologists, registered psychologists and accredited mental health social workers;
- growing and strengthening the specialist perinatal mental health workforce through development and capacity building initiatives;
- expanding national coverage, through the establishment and operation of an additional eight Centres, bringing the total network to 20; and
- supporting data collection, monitoring and evaluation to inform continuous improvement, measure outcomes, and contribute to the evidence-base for perinatal mental health care.
The intended outcomes of the Centres are:
- increasing access to psychological support through the Centres across Australia for new and expectant parents;
- reducing wait times for new and expectant parents accessing bulk-billed psychological support;
- increasing the specialist perinatal mental health workforce to meet increasing service demand;
- reducing the severity and duration of perinatal mental health conditions for new and expectant parents;
- increasing access to culturally appropriate and inclusive perinatal mental health care for priority populations, including CALD communities, and LGBTQIA+ families; and
- improving service integration and continuity of care by strengthening partnerships between primary care, specialist services, and community supports.
The department has engaged Australian Healthcare Associates to undertake an independent evaluation of the initial 12 Centres. The evaluation commenced in December 2024 and is due to be completed by 30 June 2026. Phase 1 of the evaluation will focus on Centres that are already operational and Phase 2 will focus on the remaining Centres that are due to be operational in 2025-26.
Funding amount and arrangements, merits review and consultation
Funding of $13.0 million over four years from 2025-26 (and $5.1 million per year ongoing) to establish and operationalise eight new Centres was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘More Free Mental Health Services’. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025-26 Budget at pages 253-254.
Funding of $11.0 million over four years from 2025-26 for the item will come from Program 1.2: Mental Health and Suicide Prevention, which is part of Outcome 1. Details are set out in the Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing portfolio on pages 29 and 46.
Funding will be provided to GFA, through a non-competitive grant process. GFA is currently establishing and operating the existing national network of 12 Centres and has the existing infrastructure, capability, specialist knowledge and relationships to undertake the grant activities. Eligibility is assessed against the assessment criteria and applications are considered on their merit and the following criterion:
- how well it meets the criteria; and
- whether it provides value with relevant money.
The grant 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 and will have regard to the nine key principles in administering the grant.
Grant opportunity guidelines and information about the grant is available on the GrantConnect website (www.grants.gov.au), and the grant, once awarded, will be administered by the Community Grants Hub, part of DSS. A delegate of the Secretary of the department will be the decision maker for the selection of a provider under the FFSP Act. The delegate will be at SES Band 1 level and have appropriate experience and knowledge to exercise this function.
Grant allocation decisions made in connection with the Centres are not considered suitable for independent merits review as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the Centres are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The grants, by their nature are unlikely to affect the interests of a sole individual and any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).
Reviews and audit processes undertaken by the ANAO provide a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
In any case, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The department has undertaken a targeted consultation process with key stakeholders to inform the identification of suitable locations for the additional eight Centres which has included the following activities:
- August 2025 - an Expression of Interest without prejudice was distributed to all state and territory health departments to identify areas of high need for a new Centre.
- September 2025 - PHNs were subsequently invited to provide feedback on the proposed locations.
- September to early November 2025 - further conversations with jurisdictions and PHNs to refine the proposed locations, focusing on ensuring that location selection reflects both national priorities and local needs, and that the Centres are positioned to deliver maximum impact for communities experiencing the greatest levels of perinatal distress.
The department also undertook consultation with GFA to provide input into their preferred locations based on their own needs analysis and workforce availability and to inform the design and development of the grant opportunity guidelines.
Feedback and advice provided throughout the consultation process have informed the locations of the additional eight Centres. The department will continue to work closely with jurisdictions, PHNs and GFA to ensure the Centres are established in a way that complement existing services and deliver high-quality, accessible care to parents and families. Consultation with these entities will continue throughout the life of the grant agreement.
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 social welfare power (section 51(xxiiiA)).
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The treaty implementation aspect of the external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
ICESCR
Australia is a party to the ICESCR [1976] ATS 5. Article 2 provides the general obligation of States Parties to undertake steps, including the adoption of legislative measures, to achieve the full realisation of the rights recognised in the Covenant. Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Article 12(2) further provides a non-exhaustive list of ‘steps’ to be taken by the Parties to achieve the full realisation of the right to health. Article 12(2)(c) refers to steps necessary for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Article 12(2)(d) outlines steps necessary for ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
Funding will support the establishment of perinatal mental health centres to provide specialist assessment and treatment for parents who are experiencing or at risk of perinatal mental health illness.
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including medical services (but not as to authorise any form of civil conscription).
The Centres will provide mental health services for new and expectant parents through the provision of access to specialist perinatal mental health clinicians ranging from clinical psychologists, registered psychologists and mental health accredited social workers.
Table item 780 – Rural Health Multidisciplinary Training Program
New table item 780 establishes legislative authority for government spending on the Rural Health Multidisciplinary Training (RHMT) Program (the program) to improve the geographic distribution and retention of the health workforce across Australia through the delivery of positive and immersive regional, rural and remote education and training experiences.
The program, established in 2016, primarily focuses on improving the geographic distribution and retention of the health workforce across Australia by:
- providing positive and immersive regional, rural and remote education and training experiences for health students;
- developing an evidence base for the efficacy of rural training strategies in delivering rural health workforce outcomes;
- supporting rural health professionals to improve Aboriginal and Torres Strait Islander health; and
- increasing the number of rural origin health and medical students.
The program supports a network of rural clinical schools (RCSs), University Departments of Rural Health (UDRHs), dental schools that support extended rural placements, and regional training hubs (RTHs) based at RCS and UDRH sites, and also incorporates funding support for Flinders University to operate the Northern Territory Medical Program (NTMP).
In the 2025-26 Mid-Year Economic and Fiscal Outlook, the Government agreed to reform the program by consolidating the Murray‑Darling Medical Schools Network (MDMSN), which commenced in 2021 and aims to provide end-to-end medical training in rural areas to improve the future distribution of the medical workforce, and two Rural Health Multidisciplinary Training sub‑programs into a single revitalised Rural Health Multidisciplinary Training program. The consolidation aims to improve program delivery and reduce the administrative burden and reporting requirements of participating universities.
The reform will commence from January 2027 and is in line with the Government’s agenda to reduce red tape and consolidate the administration of funding agreements. The program reform demonstrates a shift toward a greater focus on longitudinal measurement of graduate outcomes and establishing the evidence base for such tracking.
Peer reviewed research has demonstrated strong linkages between the Government’s funding of rural clinical training and education activities, and rural retention of health professionals. For example, research has shown that medical students that have some exposure to rural clinical training are 1.5 times more likely to practise rurally compared to students that were not exposed to rural clinical schools, while students exposed to extended (over 12 months) rural training are 2.6 times more likely to practise rurally (McGirr et al (2019), ‘The Australian Rural Clinical School (RCS) program supports rural medical workforce: evidence from a cross-sectional study of 12 RCSs’, Rural and Remote Health).
RCSs were established in the early 2000s and UDRHs in the mid to late 1990s and operated as distinct separate programs prior to their consolidation in 2016. The respective program amalgamation was aimed at improving the capacity, quality and mix of the health workforce distribution in rural areas for the purpose of delivering rural clinical training and education experiences to medical, nursing, midwifery, allied health and dental students across hundreds of regional, rural and remote locations in Australia, to ultimately inspire students to commence rural health careers in the future.
The university organisational units are situated across the country in regional, rural and remote locations. Member universities of the program currently include the following:
- The Australian National University (ABN 52234063906);
- Charles Darwin University (ABN 54093513649);
- Charles Sturt University (ABN 83878708551);
- Curtin University (ABN 99143842569);
- Deakin University (ABN 567215842203);
- Edith Cowan University (ABN 543614853649);
- Flinders University (ABN 65542596200);
- Griffith University (ABN 787106094461);
- James Cook University (ABN 46253211955);
- La Trobe University (ABN 64804735113);
- Monash University (ABN 12377614012);
- Adelaide University (formerly The University of Adelaide and University of South Australia) (ABN 41202953738);
- The University of Melbourne (ABN 84002705224);
- The University of Newcastle (ABN 15736576735);
- The University of Notre Dame Australia (ABN 69330643210);
- The University of Queensland (ABN 63942912684);
- The University of Sydney (ABN 15211513464);
- The University of Western Australia (ABN 37882817280);
- University of New South Wales (ABN 57195873179);
- University of Tasmania (ABN 30764374782);
- University of Wollongong (ABN 61060567686); and
- Western Sydney University (ABN 53014069881).
The overall objectives of the program are:
- delivering effective rural training experiences for medical, nursing, midwifery, dental and allied health students (prior to gaining professional registration);
- ensuring rural training experiences are of a high quality;
- undertaking student selection and rural student recruitment;
- engaging with key partners and the local community to support the delivery of training to students;
- maintaining and progressing an evidence base and the rural health agenda;
- facilitating improving of First Nations people’s health through a range of strategies; and
- providing regional leadership in developing innovative training solutions to address rural workforce recruitment and retention.
The intended outcomes for the program include an established rural, multidisciplinary health workforce program that is responsive, reflective, agile and collaborative, and brings together diverse stakeholders for the purposes of:
- providing innovative, sustainable, and durable solutions to rural health workforce challenges which are evidence, place, and risk-based; and
- developing and maintaining a highly effective research and data gathering and analysis ecosystem to better inform the rural health agenda.
In 2024, the program achieved the following outcomes:
- 1,570 12-month medical placements;
- 499 6-month medical placements;
- 4,680 short-term medical placements, equating to 19,348 training weeks;
- 7,212 allied health placements, amounting to 47,420 training weeks;
- 9,646 nursing and midwifery placements, equating to 40,326 training weeks;
- 343 dental placements, amounting to 2,869 training weeks;
- 1,169 graduating medical students undertook a year or more of rural clinical training (39 per cent of the cohort) - an increase of 5 per cent from 2023;
- 1,126 (36 per cent) commencing medical students were of rural origin (noting that rural origin is a strong determinant for rural retention);
- 7,062 (28 per cent) allied health students, 5,101 (36 per cent) nursing students, and 137 (26 per cent) dental students were of rural origin; and
- 110 First Nations medical students enrolled.
Evaluations of the RHMT Program and MDMSN Program were undertaken in 2020 by Kris Battye Consulting and in 2025 by Healthcare Management Advisors. The evaluations recommended opportunities for the programs to adapt to contemporary models of care and better support the new generation of health professionals progressing through the education and training pipeline, including under-represented groups within the health and medical workforce. The evaluations were developed in consultation with a variety of stakeholders across the health and university sector and their findings will continue to inform the revitalised program from 2027.
It is expected the program will continue to be successful and further enhance opportunities for students to study and train in rural and remote areas, resulting in greater rural retention outcomes which will be tracked through revised Key Performance Indicators under the RHMT, as well as revised reporting and graduate tracking requirements.
Funding amount and arrangements, merits review and consultation
Savings of $2.1 million over four years from 2025-26 (and $0.5 million per year ongoing). for the reformed program was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Health Workforce’. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025-26 Budget at pages 247-248.
Funding of $264.6 million per year over three years from 2026-27 for the item will come from Program 1.4: Health Workforce, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing portfolio at pages 28 and 47.
The department will deliver the program through a closed, competitive or non-competitive grant process. A single grant opportunity, over five years, will be undertaken to engage eligible university organisational units, including RCSs, UDRHs, dental training sites and RTHs, to administer and facilitate aspects of the RHMT Program. These organisations are eligible for the grant opportunity as they have been assessed by the department to have:
- an established and proven track record in delivering rural clinical training and education activities, having been funded and monitored under the RHMT, MDMSN and similar activities over many years (and in some cases decades), and therefore are uniquely positioned to continue to carry out rural clinical training and education activities in regional, rural and remote Australia;
- existing established infrastructure and relationships to continue the grant activities; and
- capability in delivering the specified activities – being well established in delivering program activities for many years.
The grant 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 and will have regard to the nine key principles in administering the grant.
Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, part of DSS. A delegate of the Secretary of the department will be the decision maker for the selection of a provider under the FFSP Act. The delegate will be at a minimum SES Band 1 level and have appropriate experience and knowledge to exercise this function.
Funding decisions made in connection with the program are not considered suitable for independent merits review as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the program are not directed towards the circumstances of particular persons, but rather apply generally to the community, and is therefore considered to be unsuitable for review. The program, by its nature, is unlikely to affect the interests of a sole individual. Any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC guide).
The review and audit process undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
In any case, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The department has an extensive history of strong working relationships with participating university organisational units funded through the RHMT Program and MDMSN Program.
Evaluations of the program to date have demonstrated value for money and achievement of program objectives and will inform the development and implementation of future grant opportunities and in line with requirements under the Commonwealth resource management framework including the CGRPs.
Throughout 2026, the department will continue to consult with stakeholders, such as universities, peak bodies, student networks and other advocacy groups on the program’s reform and implementation activities. The department will also establish working groups with representatives from participating universities to focus on key program components, such as longitudinal data collection principles, which will assist in shaping the Program Logic and Performance Indicators. Consultation will continue with grant recipients throughout the life of the grant agreements.
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 social welfare power (section 51(xxiiiA)); and
- the external affairs power (section 51(xxix)).
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including with respect to medical services and benefits to students (but not as to authorise any form of civil conscription).
The program aims to provide medical training services in regional, rural and remote areas, which benefits trainees and the wider community in relation to the provision of future medical services in those areas. The program also supports health and medical students to undertake clinical training and education activities in regional, rural and remote areas.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The treaty implementation aspect of the external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
ICESCR
Australia is a party to the ICESCR [1976] ATS 5. Article 2 provides the general obligation of States Parties to undertake steps, including the adoption of legislative measures’, to achieve the full realisation of the rights recognised in the Covenant.
Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Article 12(2) further provides a non-exhaustive list of ‘steps’ to be taken by the Parties to achieve the full realisation of the right to health. Article 12(2)(c) refers to steps necessary for the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Article 12(2)(d) outlines steps necessary for ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
The program’s training and educational benefits for the provision of medical services, serves to create and maintain a rural health workforce, which will enable qualified medical professionals to prevent, and treat a wide range of medical conditions in rural areas.
Table item 781 – Youth specialist care centres
New table item 781 establishes legislative authority for government spending on the youth specialist care centres (YSCCs).
Many young people with complex and severe mental health needs fall into the ‘missing middle’ of services. This is because their mental health presentations are too complex and severe for primary care services such as headspace and GPs, but they are not ‘unwell enough’ for acute tertiary services. Without access to sustained and specialised care, these young people can experience minimal or no outcomes or improvement (sector led advice on new and/or refined models of youth mental health care). Their conditions can also worsen, sometimes to the point of requiring emergency or hospital treatment (Menssink et al (2024), ‘The missing middle service gap: Obtaining a consensus definition of the 'Missing Middle' in youth mental health, Australian and New Zealand Journal of Psychiatry).
The sector-led advice on youth mental health models of care, which was developed by a diverse consortium of organisations from the youth mental health sector led by Orygen, and which included key youth mental health stakeholders such as batyr, The Brain and Mind Centre (University of Sydney), headspace National, Mission Australia, ReachOut, SANE Australia, yourtown and Youth Focus, was delivered in June 2025. The sector-led advice identified that current Australian Government’s programs like Early Psychosis Youth Services (EPYS) partially address this ‘missing middle’ but their scope is limited and many young people remain without access to appropriate specialist care. The sector-led advice made the following recommendations:
- establish youth specialist services to:
- support young people with complex social and clinical needs that require longer term case management and specialised multidisciplinary care;
- help address the ‘missing middle’ in the service system where there are gaps for young people with more complex and serious mental health needs; and
- scale up EPYS to become youth specialist services to leverage established infrastructure and local relationships.
On 8 April 2025, the Australian Government announced establishment of a new network of YSCCs as part of the Strengthening Medicare: More Free Mental Health Services election commitment. The establishment of a new network of YSCCs broadly aligns with the recommendations from the sector-led advice. In line with the sector-led advice, existing EPYS will be rebranded and expanded in scope to become YSCCs. EPYS services currently deliver early intervention treatment and support to young people aged 12 to 25 years who are at ultra-high risk of, or actively experiencing, their first episode of psychosis. In 2024-25, 3,068 young people across Australia received EPYS services for themselves or their families. There are eight existing EPYS, comprising eight hubs and eight spokes, located in:
- ACT – Canberra (hub);
- NSW – Mount Druitt (hub), Parramatta (spoke), Penrith (spoke);
- NT – Darwin (hub);
- QLD – Southport (hub), Meadowbrook (spoke);
- SA – Adelaide (hub);
- TAS – Tasmania (hub under establishment);
- VIC – Bentleigh (hub), Dandenong (spoke), Frankston (spoke), Narre Warren (spoke); and
- WA – Joondalup (hub), Midland (spoke), Osborne Park (spoke).
The funding objectives of the YSCCs are to:
- increase the availability of mental health services for young people by establishing and operating a network of YSCCs that:
- provides comprehensive clinical and social care to support young people with complex mental health needs;
- includes rebranding and expanding the scope of the eight existing EPYS to become YSCCs and establishing additional new centres;
- is an integrated part of the broader mental health service system;
- collect data about YSCCs including through activities to design and/or build a minimum data set and activities to support collection of data for service delivery and evaluation purposes;
- support the governance of YSCCs, including through activities to obtain expert advice to guide development of the model of care and activities to monitor adherence to the model of care once services have commenced; and
- deliver an ongoing evaluation to support continuous improvement.
YSCCs will be a new and free service which will help address service gaps in the mental health system by supporting young people who need more intensive, typically longer term, care outside of hospital. For example, this could include young people with personality disorders, early psychosis or eating disorders. A model of care will be developed and will set out the framework to be used by lead agencies for delivering YSCC services and address matters such as minimum service requirements, eligibility, referral pathways, workforce and integration with existing services.
Orygen has been invited to draft the model of care on behalf of the department. Orygen delivers the Commonwealth-funded National Centre of Excellence in Youth Mental Health and has youth mental health clinical expertise, skills and experience in developing youth mental health models of care, and experience in delivering youth mental health services. Development of the model of care will:
- build on the Early Psychosis Prevention and Intervention Centre model developed by Orygen and which is used by existing EPYS;
- be informed by the sector-led advice; and
- be informed by further stakeholder consultation, including through an Expert Advisory Group, engagement with state and territory governments and a public consultation process.
The nature of services will be determined by the model of care that is developed. In line with the sector-led advice, the model of care for YSCCs could consider the following potential features:
- diagnostic and functional assessments to evaluate the level and type of care to be provided;
- access to specialist psychiatry including specialist care streams for specific mental health conditions such as eating disorders and early psychosis;
- multidisciplinary, ongoing care with case management to coordinate access to the range of treatments and supports that may be required;
- integrated psychosocial supports, such as education and housing supports, to help the young person’s holistic recovery and wellbeing;
- assertive outreach to connect people with YSCC services; and
- strong partnerships with local service providers to ensure coordinated wrap-around care.
Evaluation activities will commence in 2026-27 to support continuous improvement and will assess implementation, appropriateness, effectiveness and efficiency. Evaluation findings will inform ongoing commissioning, delivery and development of YSCCs by exploring matters such as lessons learned from implementation, if they are achieving their intended outcomes, what impacts they have had, what is working well and where there are opportunities for improvement.
Evaluation activities will capture stakeholder insights on YSCCs. It is expected that this will include insights from PHNs, lead agencies, service delivery organisations and clients to inform assessments against key evaluation questions.
Funding amount and arrangements, merits review and consultation
Funding of $490.3 million over four years from 2025-26 (and $296.9 million per year ongoing) for the program was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘More Free Mental Health Services’. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025-26 Budget at pages 253-254.
Funding for the item will come from Program 1.2: Mental Health and Suicide Prevention, which is part of Outcome 1. Details are set out in the Portfolio Additional Estimates Statements 2025-26, Health, Disability and Ageing portfolio on pages 29 and 46.
Funding arrangements for the YSCC will be delivered by the department through procurement and closed, non-competitive grant processes in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule, the CGRPs and the Commonwealth Procurement Rules (CPR). Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles administering the grant.
Funding will be provided to select PHNs through a closed, non-competitive grant process to commission YSCCs. PHNs have the necessary existing established networks and ongoing relationships with existing EPYS and have been assessed by the department to have:
- existing infrastructure and relationships to support the grant activities – PHNs are funded by government under the PHN Program to plan, commission and integrate mental health services at a regional level to improve outcomes for people with, or at risk of, mental illness; and
- demonstrated experience and expertise in commissioning mental health services, including the existing EPYS which will be rebranded and expanded to become YSCCs.
Information about new grant opportunity guidelines and approaches to market will be published respectively on the GrantConnect website (www.grants.gov.au) or made available on AusTender (www.tenders.gov.au). Grant opportunity guidelines and information about the grant will be available on the GrantConnect website (www.grants.gov.au), and grants will be administered by the Community Grants Hub, part of DSS.
Some YSCC activities, such as the independent evaluation, will be delivered through a procurement process to support continuous improvement. Procurement processes will be administered in accordance with the PGPA and CPRs. Information about the procurement will be made available on AusTender (www.tenders.gov.au) and the resulting contracts will be managed by the department.
All grant and procurement decisions will be based on value for money, including capability and capacity to deliver, and price and risk considerations.
Spending decisions in relation to grants and procurement processes will be made by the relevant delegate of the Secretary of the department under the FFSP Act. The delegate will be at the SES Band 1 level or higher, in line with the limits specified in Schedule 1 of the Instrument of Delegation, and have appropriate experience and knowledge to exercise this function.
Funding decisions made in connection with the YSCCs are not considered suitable for independent merits review as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the YSCCs are not directed towards the circumstances of particular persons, but rather applies generally to the community, and is therefore considered to be unsuitable for review. The YSCCs, by its nature, is unlikely to affect the interests of a sole individual. Any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC’s guide).
The remaking of a procurement decision after entry into a contractual arrangement with a successful provider is legally complex, impractical, and could result in delays to providing services to platform users. The Government Procurement (Judicial Review) Act 2018 enables suppliers to challenge some procurement processes for alleged breaches of certain procurement rules. This legislation might provide an additional avenue of redress (compensation or injunction) for dissatisfied providers or potential providers, depending on the circumstances.
The review and audit processes undertaken by the ANAO provides a mechanism to review Australian Government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.
Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.
The sector-led advice was informed by consultation from April to June 2025 with over 500 youth mental health stakeholders across Australia, including 146 young people, 70 carers/parents/supporters and 328 people across organisations including service providers, community organisations, PHNs, peak and professional bodies, and Commonwealth, state and territory government departments.
Implementation of the YSCCs will be informed by the sector-led advice and further stakeholder engagement in the first half of 2026, including:
- an Expert Advisory Group comprising a cross-section of key stakeholders, engagement with state and territory governments, and a public consultation process through the department’s Consultation Hub to guide and support development of the model of care for YSCCs; and
- stakeholder engagement, including with PHNs and state and territory governments, to support decision making on locations for new services.
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 social welfare power (section 51(xxiiiA)); and
- the external affairs power (section 51(xxix)).
Social welfare power
The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including with respect to medical services (but not as to authorise any form of civil conscription).
The YSCCs provide mental health services to affected young people with complex mental health needs and support for their families and caregivers without any out-of-pocket fees.
External affairs power
Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The treaty implementation aspect of the external affairs power supports legislation implementing Australia’s international obligations under treaties to which it is a party.
ICESCR
Australia is a party to the ICESCR [1976] ATS 5. Article 2 provides the general obligation of States Parties to undertake steps, including the adoption of legislative measures, to achieve the full realisation of the rights recognised in the Covenant. Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. Article 12(2) further provides a non-exhaustive list of ‘steps’ to be taken by the Parties to achieve the full realisation of the right to health. Article 12(2)(c) refers to steps necessary for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Article 12(2)(d) outlines steps necessary for the creation of conditions which would assure to all medical service and medical attention in the event of sickness.
The YSCCs will provide treatment and care for young people with complex mental health needs.
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 (Health, Disability and Ageing Measures No. 1) 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 (Health, Disability and Ageing Measures No. 1) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the Department of Health, Disability and Ageing (the department).
This disallowable legislative instrument makes the following amendments to Part 3 of Schedule 1AB:
- adds table item 113 ‘Grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists’;
and the following amendments to Part 4 of Schedule 1AB:
- amends table item 413 ‘Medicare Mental Health Centres and Telephone Referral Service’;
- adds table item 778 ‘Aboriginal and Torres Strait Islander Health Professional Organisations’;
- adds table item 779 ‘Perinatal Mental Health Centres’;
- adds table item 780 ‘Rural Health Multidisciplinary Training Program’; and
- adds table item 781 ‘Youth specialist care centres’.
Table item 113 – Grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists
Table item 113 establishes legislative authority for the Government to provide a grant to the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) to deliver the Obstetrics and Gynaecology Education and Training program (the program).
The program, which commenced as a 12-month pilot in 2022, delivers onsite or outreach training and education to medical professionals who provide maternity or maternity-related services in rural, regional and remote communities.
The program supports the National Medical Workforce Strategy 2021-2031 and aims to build a flexible and responsive workforce of medical professionals to provide better targeted and more innovative clinical support, education and training to medical professionals in regional, rural and remote areas. Through access to continuing professional development, the program ensures that a range of medical professionals (including general practitioner (GP) obstetricians, midwives, theatre nurses, anaesthetists, and GPs) can upskill to increase access to maternity related services in regional, rural and remote communities that have limited access to specialist obstetrics and gynaecology (O&G) care.
Grant funding of $1.4 million over two years from 2025-26 to RANZCOG aims to:
- improve the capacity, quality and distribution of the health workforce to better meet the needs of the Australian community;
- increase the number of health workers delivering services in rural, regional and remote Australia; and
- support the First Nations health workforce in addressing the needs of First Nations peoples through activities that increase the capacity of the First Nations health workforce and the broader health workforce.
Human rights implications
Table item 113 engages the following rights:
- the right to work –Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2 and Articles 1 to 4 of the International Labour Organization Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources (ILO Convention 142);
- the right to health – Article 12 of the ICESCR; and
- the right to education – Article 13 of the ICESCR.
Right to work
Article 2 of the ICESCR requires each State Party to ‘take steps…to the maximum of its available resources, with a view to achieving progressively the full realisation’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.
Article 6 of the ICESCR recognises the right to work and provides that the States Parties will take appropriate steps to achieve the realisation of the right to work, including through technical and vocational training. Further, Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive and coordinated policies and programs of vocational guidance and training, including providing broadest possible information and guidance, which are closely linked with employment for all people.
The grant activities represent comprehensive, coordinated national policies that link training directly with employment, particularly in the health sector. The activities are tailored to Australia’s economic and social context and support the development of human resources by supporting multidisciplinary teams to continue meaningful, skilled employment.
Right to health
Article 12 of the ICESCR recognises ‘the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.
Article 12(2)(a) of the ICESCR requires Australia to take steps necessary for ‘the provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child.’
The grant will promote the right to health by providing support, education and training to multidisciplinary healthcare teams with the purpose of providing access to maternity related services which may be fragmented and unavailable in regional, rural and remote areas of Australia. Further, the grant will contribute to the reduction of the stillbirth rate by ensuring that the workforce is confident in their abilities to deal with complicated scenarios that they may not have been exposed to prior, or if at all, and to provide women with access to the maternity care they need in rural and remote areas.
Right to education
Article 13(1) of the ICESCR provides that the States Parties agree that education ‘…shall be directed to the full development of the human personality and the sense of dignity, and shall strengthen the respect for human rights and fundamental freedoms’.
Article 13(2)(b) of the ICESCR relates to the general availability and accessibility of secondary education in its different forms to all.
The grant will deliver upskilling and education to medical professionals who provide maternity or maternity-related services to improve their confidence to undertake more complex clinical procedures in regional, rural and remote communities.
Table item 113 is compatible with human rights because it promotes the protection of human rights.
Amended table item 413 – Medicare Mental Health Centres and Telephone Referral Service
Amended table item 413 establishes legislative authority for government spending on the Medicare Mental Health Centres and Telephone Referral Service program (the program).
The program will fund community-based adult mental health services delivered by multidisciplinary teams through the establishment of Medicare mental health centres (Centres), previously called ‘Adult Mental Health Centres’. The Centres aim to address the shortfall in the availability of services for people with mental illness who need more support than can be delivered through the limited Medicare Benefits Schedule (MBS)-rebated individual sessions with psychologists, but not severe enough to reach the threshold for access to state or territory funded specialised mental health services.
The Centres offer:
- immediate help and follow-up for people in distress;
- support for people with diagnosable mental health conditions;
- assessment and short to medium-term support for people with moderate to severe mental health concerns;
- support for carers and families of people experiencing mental health distress; and
- help connecting people to health, mental health, and social supports such as housing and employment.
The amended table item 413 relates to the actual and proposed spending activities for the Centres and covers establishment and operation of the existing and planned national network of 91 Centres, plus any additional Centres the Australian Government subsequently announces. Funding of $267.3 million over four years from 2025-26 will be provided to Primary Health Networks to deliver new and upgraded Centres.
Human rights implications
The amended table item 413 engages the following rights:
- the right to health – Article 12 of the ICESCR, read with Article 2;
- the rights of persons with disabilities – Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4; and
- the right to self–determination – Article 1 of the ICESCR, and Article 1 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2.
Right to health
Article 2 of the ICESCR requires each State Party to ‘take steps…to the maximum of its available resources, with a view to achieving progressively the full realisation’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.
Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.
Article 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for the ‘prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
Amended table item 413 will promote the right to the highest standard of mental health attainable by providing a highly visible and accessible entry point to appropriate services and support for adults seeking help in times of crisis, or as needed, through a variety of mental health related professionals with no prior appointment or cost required.
Rights of people with disability
Article 4 of the CRPD provides that States Parties undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. This right includes elimination of discrimination.
Article 5(3) provides that in order to promote equality and eliminate discrimination, ‘States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided’.
The Centres will improve access to community-based mental health services for adults delivered by multidisciplinary care teams and benefit adults in need of mental health support, and their families and carers. Furthermore, some Centres will be established with expertise focused on providing care for particular at-risk groups, such as LGBTIQ+ or Aboriginal and Torres Strait Islander people, based on identified areas of need. This ensures the service is culturally and gender-sensitive, and able to respond to a range of mental health needs and levels of severity, for adults of any age and background.
Right to self-determination
Article 1 of the ICESCR and Article 1 of the ICCPR requires that each State Party recognise that ‘all peoples have the right of self-determination’ and ‘by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. And that each State Party shall promote the realisation of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 2 of the ICCPR requires that each State Party undertakes to respect and to ensure the rights recognised in the ICCPR, and to adopt laws or other measures to give effect to these rights, and ensure an effective remedy to any person whose rights recognised in the Covenant are violated.
By providing immediate, short and medium term mental health support, the Centres will address the shortfall in the availability of services for people with mental illness who need more support than can be delivered through the limited MBS-rebated individual sessions with psychologists through the Better Access initiative, but not severe enough to reach the threshold for access to state or territory funded specialised mental health services.
The amended table item 413 is compatible with human rights because it promotes the protection of human rights.
Table item 778 – Aboriginal and Torres Strait Islander Health Professional Organisations
Table item 778 establishes legislative authority for government spending on the Aboriginal and Torres Strait Islander Health Professional Organisations (HPOs) program (the program) to deliver the following funding objectives:
- building the capacity of the HPOs to foster strong, reciprocal relationships with governments, institutions, peak bodies and Aboriginal and Torres Strait Islander communities, to collectively shape and advance national health workforce reform and policy;
- supporting Aboriginal and Torres Strait Islander participation, progression and retention across health learning and training pathways by ensuring learning and training environments are culturally safe, supportive and responsive;
- supporting, building and sustaining the Aboriginal and Torres Strait Islander health workforce through targeted workforce engagement, mentorship, and professional development opportunities;
- enabling and supporting the capacity and leadership development of the Aboriginal and Torres Strait Islander health workforce through influential, culturally safe and system-strengthening initiatives;
- influencing and enhancing the conditions, opportunities and supports that foster capacity and leadership within the Aboriginal and Torres Strait Islander health workforce;
- shaping and reforming health system policies, standards and environments to enable and sustain culturally safe practice across all health professionals; and
- strengthening qualitative and quantitative evidence, guided by Indigenous Data Sovereignty, community authority and knowledge transfer to monitor progress, identify gaps, support quality improvement and influence reform.
Funding of $57.0 million over four years from 2026-27 will be provided as grants to the following four Aboriginal and Torres Strait Islander health professional organisations HPOs for the purpose of growing and strengthening the capacity and capability of the Aboriginal and Torres Strait Islander health workforce and contributing to increasing cultural safety across the broader health workforce:
- Australian Indigenous Doctors’ Association Ltd;
- Congress of Aboriginal and Torres Strait Islander Nurses and Midwives Limited;
- Indigenous Allied Health Australia Ltd; and
- National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners Ltd.
Human rights implications
Table item 778 engages the following rights:
- the right to work – Article 6 of the ICESCR, read with Article 2 and Articles 1 to 4 of the ILO Convention 142;
- the right to health – Article 12 of the ICESCR;
- the right to education – Article 13 of the ICESCR; and
- the right to self-determination – Article 1 of the ICESCR and Article 1 of the ICCPR, read with Article 2.
Right to work
Article 2 of the ICESCR requires each State Party to ‘take steps…to the maximum of its available resources, with a view to achieving progressively the full realisation’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.
Article 6 of the ICESCR recognises the right to work and provides that the States Parties will take appropriate steps to achieve the realisation of the right to work, including through technical and vocational training. Further, Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive and coordinated policies and programs of vocational guidance and training, including providing broadest possible information and guidance, which are closely linked with employment for all people.
The purpose of the funding is to grow and strengthen the capacity and capability of the Aboriginal and Torres Strait Islander Health workforce. Through building workforce capacity, it is anticipated that the work of the HPOs will provide increased employment opportunities for Aboriginal and Torres Strait Islander people who seek to work in the health workforce, which will promote the right to work.
Right to health
Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.
Article 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for the ‘prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
The National Aboriginal and Torres Strait Islander Health Plan 2021-2031 (Health Plan) recognises that the Aboriginal Community Controlled Health Services workforce is best placed to serve their community because they understand community and historical contexts. Aboriginal and Torres Strait Islander health workforces have unique skills that ensure culturally safe and responsive care for families and communities. The Health Plan also recognises that the mainstream Australian health system must also be culturally safe and responsive.
The program will support the right to health by contributing to growing the Aboriginal and Torres Strait Islander health workforce and increasing cultural safety across the broader health workforce to ensure culturally appropriate and response care for Aboriginal and Torres Strait Islander people.
Right to education
Article 13(1) of the ICESCR provides that the States Parties agree that education ‘…shall be directed to the full development of the human personality and the sense of dignity, and shall strengthen the respect for human rights and fundamental freedoms’.
Article 13(2)(b) of the ICESCR relates to the general availability and accessibility of secondary education in its different forms to all.
The program supports the right to education by supporting Aboriginal and Torres Strait Islander health professionals to access training and networking opportunities to enhance their capacity and capability in the health workforce. Targeted activities under the HPO grants also support students in gaining qualifications to join the health workforce.
Right to self-determination
Article 1 of the ICESCR and Article 1 of the ICCPR requires that each State party recognise that “all peoples have the right of self-determination” and “by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. And that each State Party shall promote the realisation of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.”
Article 2 of the ICCPR requires that each State Party undertakes to respect and to ensure the rights recognised in the ICCPR, and to adopt laws or other measures to give effect to these rights, and ensure an effective remedy to any person whose rights recognised in the Covenant are violated.
The program aims to grow and strengthen the Aboriginal and Torres Strait Islander health workforce and contribute to increasing cultural safety across the broader health workforce. This work supports the right to self-determination by increasing opportunities for Aboriginal and Torres Strait Islander people to engage in the more culturally safe health workforce.
Table item 778 is compatible with human rights because it promotes the protection of human rights.
Table item 779 - Perinatal Mental Health Centres
Table item 779 establishes legislative authority for government spending on the Perinatal Mental Health Centres (the Centres) to support the mental health and wellbeing of new and expectant parents experiencing, or at risk of, perinatal mental illness.
On 16 April 2025, the Australian Government announced through the Strengthening Medicare: More Free Mental Health Services election commitment, support for eight new specialised perinatal mental health centres, expanding the national network to 20 Centres to provide free, local care for new and expectant parents. Increasing the number of Centres across Australia will help to address current demand and provide increased access to psychological services for new and expectant parents, with no out-of-pocket expenses and each Centre will provide perinatal mental health support to approximately 780 parents each year.
Funding of $13.0 million over four years from 2025-26 will be provided to establish and operationalise eight new Centres. The Centres will be established and operated by Gidget Foundation Australia (GFA) to meet the following objectives:
- supporting and improving the mental health outcomes of new and expectant parents through targeted interventions;
- providing accessible, evidence-based multidisciplinary care through clinical psychologists, registered psychologists and accredited mental health social workers;
- growing and strengthening the specialist perinatal mental health workforce through development and capacity building initiatives;
- expanding national coverage, through the establishment and operation of an additional eight Centres, bringing the total network to 20; and
- supporting data collection, monitoring and evaluation to inform continuous improvement, measure outcomes, and contribute to the evidence-base for perinatal mental health care.
Human rights implications
Table item 779 engages the following rights:
- the rights of the child – Articles 3, 6, 18, 24 and 27 of the Convention on the Rights of the Child (CRC), read with Article 4;
- the right to work – Article 6 of the ICESCR, read with Article 2 and Articles 1 to 4 of the ILO Convention 142;
- the right to health – Article 12 of the ICESCR;
- the rights of families, mothers and children – Article 10 of the ICESCR;
- the right to non-discrimination in the field of employment – Articles 3 and 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), read with Article 2;
- the right to non-discrimination in healthcare – Articles 3 and 12 of the CEDAW; and
- the rights of people with disabilities – Articles 6, 17, 19, 23, 25, 26 and 28 of the CRPD, read with Article 4.
Rights of the child
Article 3 of the CRC requires that the best interests of the child shall be a primary consideration in all actions concerning children.
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.
Article 6 of the CRC requires States Parties to ensure to the maximum extent possible the survival and development of the child.
Article 18 of the CRC requires States Parties to render appropriate assistance to parents and legal guardians in performing their child-rearing responsibilities and to ensure the development of services for the care of children.
Article 24(1) of the CRC requires that ‘States Parties recognize 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. 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 of the CRC recognises the right of every child to a standard of living adequate for their physical, mental and social development and requires States Parties to take appropriate measures to assist parents and others responsible for the child to implement this right.
Table item 779 promotes the rights of the child by ensuring new and expectant parents receive the psychological support they need. This support directly contributes to a stable and secure environment that is fundamental to the best interest of the child. The Centres function as essential services that support parents in fulfilling their primary role of care, ensuring the child’s healthy survival and optimal development, physically, mentally and socially. By mitigating the risks associated with perinatal mental illness, these services help guarantee the child’s right to the highest possible standard of health and maintain a family setting capable of providing an adequate standard of living. By focusing on perinatal wellbeing during the critical stages of pregnancy and early years, these Centres act as a proactive measure, safeguarding the child’s foundational development, which is crucial for their future success in education and their ability to thrive to their fullest potential.
Right to work
Article 2 of the ICESCR requires each State Party to ‘take steps...to the maximum of its available resources, with a view to achieving progressively the full realisation’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.
Article 6 of the ICESCR recognises the right to work and requires States Parties to take steps to fully realise this right, including through vocational and training. Further, Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive and coordinated policies and programs of vocational guidance and training, including providing broadest possible information and guidance, which are closely linked with employment for all people.
Table item 779 promotes the right to work as the Centres will provide psychological support that may involve connecting new and expectant parents with vocational services and/or continue with existing employment, which aims to achieve full and productive employment.
Right to health
Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.
Article 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for the ‘prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
Table item 779 promotes the right to health. The Centres directly address the critical need for mental health support during pregnancy and after childbirth, which is a known time of vulnerability for new and expectant parents. By providing specialised psychological support, the Centres act as a crucial public health measure, helping to reduce the risk of exacerbated perinatal mental health challenges and maternal suicide. The Centres increase accessibility to necessary services for parents experiencing mild to moderate perinatal mental health challenges, therefore closing service gaps and ensuring that both the parent and the child benefit from the specialised clinical care and treatment required to secure their long-term mental and physical wellbeing.
Rights of families, mothers and children
Article 10 of the ICESCR requires States Parties to recognise the right to the widest possible protection and assistance for the family, particularly when it is responsible for the care of dependent children and requires special protection to be accorded to mothers before and after childbirth.
Table item 779 promotes the rights of families, mothers and children. The Centres provide critical, specialised perinatal mental health support to new and expectant parents, strengthening the family unit when it is most vulnerable. By providing psychological support, the Centres ensure that special protection is afforded to mothers before and after childbirth, a mandate that includes safeguarding their mental wellbeing to enable them to fully recover and participate in their roles. The supportive care offered through the Centres helps ensure that special measures of protection and assistance are taken on behalf of all children, ensuring they benefit from a stable environment, which is vital for their development and protection from risks associated with perinatal mental illness.
Right to non-discrimination in the field of employment
Article 2 of the CEDAW requires States Parties to condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women. This includes taking all appropriate legislative and policy measures to eliminate discrimination against women.
Article 3 of the CEDAW requires States Parties to take all appropriate measures, including legislative and administrative actions, for the full development and advancement of women to guarantee them the enjoyment and exercise of human rights and fundamental freedoms on a basis of equality with men.
Article 11 of the CEDAW requires States Parties to take all appropriate measures to eliminate discrimination against women in the field of employment, including measures to prevent discrimination on the grounds of marriage or maternity and to encourage the provision of necessary supporting social services to enable parents to combine family obligations with work responsibilities.
Table item 779 promotes the right to non-discrimination in the field of employment by ensuring women and their right to return to work after childbirth is protected. By offering specialised psychological support, the Centres act as a necessary supporting social service that enables mothers to effectively manage family obligations alongside their work responsibilities. Untreated perinatal mental illness is a major barrier to women’s full participation in the workforce. Therefore, the clinical care provided through the Centres is essential for restoring positive mental health and helping to safeguard their employment status, preventing discrimination on the grounds of maternity and securing their long-term economic independence.
Right to non-discrimination in healthcare
Articles 3 of the CEDAW requires States Parties to take all appropriate measures, including legislative and administrative actions, for the full development and advancement of women to guarantee them the enjoyment and exercise of human rights and fundamental freedoms on a basis of equality with men.
Article 12 of the CEDAW requires States Parties to take all appropriate measures to eliminate discrimination against women in the field of healthcare, to ensure women’s access to healthcare services, and to ensure women appropriate services in connection with pregnancy, confinement and the postnatal period, granting free services where necessary.
Table item 779 promotes the right to non-discrimination in healthcare by ensuring women’s right to mental health services and, specifically, their right to appropriate services in connection with pregnancy and the postnatal period. The Centres directly address the unique mental health needs that arise during the perinatal period, including depression and anxiety, which, if left untreated, would constitute a form of discrimination against women in healthcare. By providing specialised and accessible psychological support, the Centres ensure women have access to the necessary mental health care to maintain both their physical and mental health, therefore, removing a significant barrier to their overall wellbeing and their ability to participate fully in society.
Right of people with disability
Article 4 of the CRPD provides that States Parties undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.
Article 4(d) of the CRPD requires States Parties to undertake to ‘refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention’.
Article 6 of the CRPD requires States Parties to recognise that women and girls with disabilities are subject to multiple discrimination and shall take measures to ensure they fully enjoy all human rights and fundamental freedoms.
Article 17 of the CRPD recognises that every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.
Article 19 of the CRPD recognises the equal right of persons with disabilities to live in the community and requires States Parties to take effective and appropriate measures to facilitate the full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that persons with disabilities have access to a range of community support services and that community services for the general population are responsive to the needs of persons with disabilities.
Article 23 of the CRPD recognises the equal rights of all persons with disabilities with respect to marriage, family, parenthood, and relationships, and requires States Parties to eliminate discrimination, particularly by ensuring the right to make decisions regarding child-rearing, by rendering appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities, and by preventing the separation of children from their parents on the basis of a disability.
Article 25 of the CRPD recognises the right of persons with disabilities to the enjoyment of the highest attainable standard of health without discrimination and requires States Parties to take all appropriate measures to ensure access to health services, including those needed specifically because of their disabilities, to ensure the same range, quality and standard of free or affordable health care as provided to others, and to provide services for early identification and intervention.
Article 26 of the CRPD requires States Parties to take effective and appropriate measures to enable persons with disabilities to attain and maintain full physical, mental, social and vocational ability and full inclusion and participation in all aspects of life.
Article 28 of the CRPD requires States parties to take steps to realise the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate housing.
Table item 779 promotes the rights of people with disability. The Centres will provide support for new and expectant parents with perinatal mental health illness, which includes people with co-morbidities such as intellectual and other disabilities. These services will provide support that is responsive to the needs of people with disabilities and provide psychological support that may involve connecting people with disabilities with vocational and housing services. This will ultimately support the mental health and social wellbeing of people with disabilities, support the right of persons with disabilities to work, and enable the full inclusion and participation of persons with disabilities in the community.
Table item 779 is compatible with human rights because it promotes the protection of human rights.
Table item 780 - Rural Health Multidisciplinary Training Program
New table item 780 establishes legislative authority for government spending on the Rural Health Multidisciplinary Training (RHMT) Program (the program).
The program, which commenced in 2016, will support a network of rural clinical schools (RCSs), University Departments of Rural Health (UDRHs), dental schools that support extended rural placements, and regional training hubs (RTHs) based at RCS and UDRH sites, and also incorporates funding support for Flinders University to operate the Northern Territory Medical Program. These ‘university organisational units’ are situated across the country in regional, rural and remote locations.
In 2025-26, the Government agreed to reform the program, to commence from January 2027, by consolidating the core RHMT Program with the Murray-Darling Medical Schools Network Program and smaller rural clinical training sub-programs to improve program delivery and reduce the administrative burden and reporting requirements of participating universities.
Funding of $264.6 million over three years from 2026-27 for the program aims to improve the geographic distribution and retention of the health workforce across Australia by:
- providing positive and immersive regional, rural and remote education and training experiences for health students;
- developing an evidence base for the efficacy of rural training strategies in delivering rural health workforce outcomes;
- supporting rural health professionals to improve Aboriginal and Torres Strait Islander health; and
- increasing the number of rural origin health and medical students.
Human rights implications
Table item 780 engages the following rights:
- the right to work – Article 6 of the ICESCR, read with Article 2, and Articles 1 to 4 of the ILO Convention 142;
- the right to health – Article 12 of the ICESCR;
- the right to education – Article 13 of the ICESCR; and
- the right to self-determination – Article 1 of the ICESCR and Article 1 of the ICCPR, read with Article 2.
Right to work
Article 2 of the ICESCR requires Australia as a State Party to ‘take steps…to the maximum of its available resources, with a view to achieving progressively the full realisation’ of this right ‘by all appropriate means, including particularly the adoption of legislative measures’.
Article 6 of the ICESCR recognises the right to work and provides that the States Parties will take appropriate steps to achieve the realisation of the right to work, including through technical and vocational training. Further, Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive and coordinated policies and programs of vocational guidance and training, including providing broadest possible information and guidance, which are closely linked with employment for all people.
Effective rural workforce programs help build the rural health and medical workforce and improve access to health services for rural communities. The program aims to support the growth of the rural health and medical workforce and help aspiring health professionals to study, train and remain in rural communities.
Right to health
Article 12 of the ICESCR recognises ‘the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.
Articles 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for ‘the prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.
Health education and training, which is core to the program, is an important contributor to addressing rural health workforce shortages and strongly contributes to the social and economic resilience of communities, with immediate benefits to local health service delivery.
Right to education
Article 13(1) of the ICESCR provides that the States Parties agree that education ‘…shall be directed to the full development of the human personality and the sense of dignity, and shall strengthen the respect for human rights and fundamental freedoms’.
Article 13(2)(b) of the ICESCR relates to the general availability and accessibility of secondary education in its different forms to all.
The program’s objectives are to build and foster rural medical careers through education and training pathways. It recognises the right of all people, including those that live in rural and remote locations, to education and presents opportunities for local communities to benefit from health education and training.
Right to self-determination
Article 1 of the ICESCR and Article 1 of the ICCPR requires that each State Party recognise that “all peoples have the right of self-determination” and “by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. And that each State Party shall promote the realisation of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 2 of the ICCPR requires that each State Party undertakes to respect and to ensure the rights recognised in the ICCPR, and to adopt laws or other measures to give effect to these rights, and ensure an effective remedy to any person whose rights recognised in the Covenant are violated.
The program will contribute to the ability for all people to have the right to freely pursue economic, social and cultural development by supporting greater opportunities to undertake training and development in pursuit of a long terms medical or health career in rural and remote Australia.
Table item 780 is compatible with human rights because it promotes the protection of human rights.
Table item 781 – Youth specialist care centres
Table item 781 establishes legislative authority for government spending on the youth specialist care centres (YSCCs).
The YSCCs broadly align with the recommendations from the sector-led advice on youth mental health models of care, an Orygen led-consortium of youth mental health organisations, which was delivered in June 2025, and implements the Australian Government’s 2025 election commitment outlined in the Strengthening Medicare: More Free Mental Health Services election commitment.
Funding of $490.3 million over four years from 2025-26 is available for the YSCCs. The funding objectives of the YSCCs are to:
- increase the availability of mental health services for young people by establishing and operating a network of YSCCs that:
- provides specialised comprehensive clinical and social care to support young people with complex mental health needs;
- includes rebranding and expanding the scope of the eight existing Early Psychosis Youth Services to become YSCCs and establishing additional new centres;
- is an integrated part of the broader mental health service system;
- collect data about YSCCs including through activities to design and/or build a minimum data set and activities to support collection of data for service delivery and evaluation purposes;
- support the governance of YSCCs, including through activities to obtain expert advice to guide development of the model of care and activities to monitor adherence to the model of care once services have commenced; and
- deliver an ongoing evaluation to support continuous improvement.
Human rights implications
Table item 781 engages the following rights:
- the rights of the child – Articles 4, 6, 18, 23, 24, 27, 28 and 29 of the CRC, read with Article 4;
- the right to work – Article 6 of the ICESCR, read with Article 2 and Articles 1 to 4 of the ILO Convention 142;
- the right to health – Article 12 of the ICESCR; and
- the rights of people with disability – Articles 19, 26, 27 and 28 of the CRPD, read with Article 4.
Rights of the child
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.
Article 6 of the CRC requires States Parties to ensure to the maximum extent possible the survival and development of the child.
Article 18 of the CRC requires States Parties to render appropriate assistance to parents and legal guardians in performing their child-rearing responsibilities and to ensure the development of services for the care of children.
Article 23 of the CRC recognises that a mentally or physically disabled child should enjoy a full and decent life in conditions which facilitate their active participation in the community and the right of the disabled child to special care that is designed to ensure the child has effective access to and receives training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child achieving the fullest possible social integration and individual development.
Article 24 of the CRC requires States Parties to pursue full implementation of the right of the child to enjoy the highest attainable standard of health and ensure no child is deprived of their right to access health care services, including by taking appropriate measures to ensure the provision of necessary medical assistance and health care to children.
Article 27 of the CRC recognises the right of every child to a standard of living adequate for their physical, mental and social development and requires States Parties to take appropriate measures to assist parents and others responsible for the child to implement this right.
Article 28 of the CRC recognises the right of the child to education and requires States Parties to make educational and vocational information and guidance available and accessible to all children.
Article 29 of the CRC sets out that education of the child shall be directed to (amongst other things) development of the child’s mental and physical abilities to their fullest potential.
Table item 781 promotes the rights of the child. The YSCCs will provide a service that is specifically for young people and help ensure young people with complex mental health needs have access to the specialist support and intensive care that they need. YSCCs will support the physical, mental and social development of young people by providing comprehensive and holistic care and therefore help young people to develop their abilities to their fullest potential and will enable the maximum development of young people by providing support to families and caregivers of young people with complex mental health needs.
Right to work
Article 2 of the ICESCR requires Australia as a State Party to ‘take steps… to the maximum of its available resources, with a view to achieving progressively the full realisation’ of this right ‘by all appropriate means, including particularly the adoption of legislative measures.
Article 6 of the ICESCR recognises the right to work and provides that the States Parties will take appropriate steps to achieve the realisation of the right to work, including through vocational and training programs. Further, Articles 1 to 4 of the ILO Convention 142 relate to the adoption and development of comprehensive and coordinated policies and programs of vocational guidance and training, including providing broadest possible information and guidance, which are closely linked with employment for all people.
Table item 781 promotes the right to work. The YSCCs will provide comprehensive care that may involve connecting young people with complex mental health needs with vocational services and therefore support them to achieve full and productive employment.
Right to health
Article 12(1) of the ICESCR recognises the right of everyone to enjoy the highest attainable standard of physical and mental health.
Articles12(2) of the ICESCR requires Australia to take steps necessary for the healthy development of the child, the prevention and treatment of diseases, and the creation of conditions to ensure access to medical services and medical attention in the event of sickness.
Table item 781 promotes the right to health. The rate of young people experiencing mental health conditions has increased dramatically and there are service gaps for young people with complex mental health needs. YSCCs will increase access to mental health services for young people and help address service gaps by supporting young people who need more intensive, typically longer term, care outside of hospital. YSCCs will also help ensure that young people with complex mental health needs have access to the specialist support and intensive care that they need and will ultimately support the healthy development of young people with complex mental health needs and help them to enjoy the highest attainable standard of physical and mental health.
Rights of people with disability
Article 4 of the CRPD requires States Parties to adopt all appropriate legislative, administrative and other measures to implement the rights recognised in the Convention and to undertake measures that relate to economic, social and cultural rights to the maximum of their available resources.
Article 19 of the CRPD recognises the equal right of persons with disabilities to live in the community and requires States Parties to take effective and appropriate measures to facilitate the full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that persons with disabilities have access to a range of community support services and that community services for the general population are responsive to the needs of persons with disabilities.
Article 26 of the CRPD requires States Parties to take effective and appropriate measures to enable persons with disabilities to attain and maintain full physical, mental, social and vocational ability and full inclusion and participation in all aspects of life.
Article 27 of the CRPD requires States Parties to take steps to fully realise the right of persons with disabilities to work, including enabling persons with disabilities to have effective access to vocational guidance programs and placement services and providing assistance to find, obtain, maintain and return to employment.
Article 28 of the CRPD requires States Parties to take steps to realise the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate housing.
Table item 781 promotes the rights of people with disability. YSCCs will provide support for young people with complex mental health needs, which includes people with comorbidities such as intellectual and other disabilities. The YSCCs will provide support that is responsive to the needs of people with disabilities and comprehensive care that may involve connecting people with disabilities with vocational and housing services. This will ultimately support the mental health and social wellbeing of people with disabilities, support the right of persons with disabilities to work, and enable the full inclusion and participation of persons with disabilities in the community.
Table item 781 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