Financial Framework (Supplementary Powers) Amendment (Health, Disability and Ageing Measures No. 2) Regulations 2026

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Health, Disability and Ageing Measures No. 2) Regulations 2026

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

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

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

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

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

The Financial Framework (Supplementary Powers) Amendment (Health, Disability and Ageing Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on certain activities to be administered by the Department of Health, Disability and Ageing.

Funding will be provided for the following initiatives:

a grant to the Australian Breastfeeding Association to provide a national breastfeeding helpline telephone service and an online breastfeeding information and support service ($8.9 million over four years from 2025-26);
a grant to FightMND Ltd to establish the Neale Daniher MND Clinical Network ($40.1 million over four years from 2025-26);
grants to the National Allergy Council Limited ($8.1 million over two years from 2026-27);
grants to the Murdoch Children’s Research Institute to facilitate the National Allergy Centre of Excellence ($6.2 million over two years from 2026-27);
the Birthing on Country Services program to provide maternal care services throughout the perinatal period to First Nations women and women who are pregnant with a First Nations child ($44.4 million over four years from 2025-26);
the Chronic Conditions Grant Program to support investment in chronic health conditions ($117.6 million over four years from 2025-26);
the LGBTIQA+ Safe Spaces Grant Program to fund a provider, or a consortium led by a provider, to promote the provision of respectful and culturally safe primary health care services to LGBTIQA+ people ($10.0 million over three years from 2025‑26);
to establish and operate a National Institute for Youth Mental Health ($43.3 million over three years from 2026-27); and
the Rural Locum Program to support health professionals practising in rural, regional and remote Australia to take leave and undertake continuing professional development activities and deliver locum services in rural, regional and remote Australia, including in rural, regional and remote areas in the Northern Territory ($17.1 million in 2026-27).

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. 2) 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. 2) Regulations 2026.

Section 2 – Commencement

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

Section 3 – Authority

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

Section 4 – Schedules

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

Schedule 1 – Amendments

Financial Framework (Supplementary Powers) Regulations 1997

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

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

Table item 114 – Grant to the Australian Breastfeeding Association

New table item 114 establishes legislative authority for the Government to provide a grant to the Australian Breastfeeding Association (ABA) to support the National Breastfeeding Helpline (the Helpline) and LiveChat services (the grant).

The first 2,000 days of a child’s life are important in setting them up for strong health and social outcomes. Breastfeeding provides health benefits for mothers and infants and reduces children’s risks of infectious disease, respiratory illness, asthma, and obesity. However, exclusive breastfeeding rates in Australia are under 40 per cent, below the global average of nearly 50 per cent (Australian Bureau of Statistics (ABS), 2022; World Health Organization, 2023). Providing professional support to mothers can empower women with evidence-based guidance to navigate breastfeeding challenges and increase breastfeeding adherence.

The ABA, the national peak body for breastfeeding information, education and support, manages the Helpline and LiveChat services to support parents to breastfeed or to continue breastfeeding, through support services available 24 hours a day, 7 days a week. The Australian Government has funded the ABA’s national toll-free, peer-to-peer support Helpline since 2008 and the LiveChat since its launch in 2018.

Since 2008, the Helpline has supported over 1.2 million callers, averaging 4,241 callers per month in 2024-25, and is delivered by more than 460 trained (Certificate IV) volunteer breastfeeding counsellors amid ongoing high demand. An independent evaluation of the Helpline and LiveChat, completed by Healthcare Management Advisors Pty Ltd (HMA) in July 2025 (www.health.gov.au/resources/publications/evaluation-of-the-national-breastfeeding-helpline-and-livechat-final-report), found the following:

more than 90 per cent of users reported feeling reassured and less stressed after using the services;
consumers consider the services to be more convenient, timely and cost-effective than other in-person services;
trained volunteers were seen as supportive, knowledgeable, empathetic, and relatable; and
the services saved general practitioner (GP) and non-admitted emergency department (ED) visits valued at approximately $1.4 million in 2022-23, with additional savings to consumers associated with lost productivity and travel for in-person medica appointments.

The purpose of the grant is to provide evidence-based education, information and support to breastfeeding mothers and their partners, and families, provide evidence-based education and training on breastfeeding to health professionals and volunteer breastfeeding counsellors and address low engagement rates with priority populations.

Grant funding of $8.9 million over four years from 2025-26 will be provided for the following activities:

operation of the Helpline and LiveChat;
end-of-life upgrades to ABA’s call centre infrastructure;
provide nationally recognised training and continuing education to counsellors, educators and health professionals in support of the Helpline and LiveChat (with activities delivered via the phone or online), including scholarships for women from low and disadvantaged communities;
collection, monitoring and reporting of data relating to the operation of the Helpline and LiveChat;
Registered Training Organisation accreditation, compliance and maintenance;
developing and updating curricula and training resources for Certificate IV and Diploma courses in breastfeeding;
maintenance of relevant qualifications, skills or checks for all personnel working on the Helpline;
undertaking quality assurance activities to assess whether the Helpline and LiveChat are meeting the needs of callers/users;
developing and updating marketing collateral to promote the Helpline, including translating materials into languages other than English; and
collaboration with priority group organisations, to ensure services are culturally safe and better aligned with the needs of First Nations and culturally and linguistically diverse (CALD) individuals.

The grant funding also aligns with the following national strategies and frameworks:

Australian National Breastfeeding Strategy: 2019 and Beyond (www.health.gov.au/
topics/pregnancy-birth-and-baby/breastfeeding-infant-nutrition/australian-national-breastfeeding-strategy), which includes support for the Helpline as a specific action area;
Early Years Strategy 2024-2034 (www.dss.gov.au/early-years-strategy/resource
/early-years-strategy-2024-2034), which recognises how critical the early years are for children’s development and continued success over their lifetime;
National Obesity Strategy 2022-2032 (www.health.gov.au/resources/publications/
national-obesity-strategy-2022-2032);
National Preventive Health Strategy 2021-2030 (www.health.gov.au/resources/
publications/national-preventive-health-strategy-2021-2030); and
National Women’s Health Strategy (www.health.gov.au/resources/publications/
national-womens-health-strategy-2020-2030), which include actions to support breastfeeding in Australia.

Funding amount and arrangements, merits review and consultation

Funding of $8.9 million for the grant was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Equitable Healthcare for Men, Women and Families’ for a period of four 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 244-245.

Funding for this item will come from Program 1.5: Preventive Health and Chronic Disease Support, 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 27 and 47.

Funding will be provided to the ABA as a closed, non‑competitive, grant process. The ABA is eligible for the grant opportunity on the basis that the organisation has:

the capability to deliver the specified grant activities (the ABA established, and currently manage, the Helpline and LiveChat);
existing infrastructure and relationships to undertake the grant activities; and
demonstrated history of performance of its current activities and reporting arrangements.

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 ABA 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 ABA submitted data to the department in August 2025 which demonstrated the value of their service, with exit surveys and annual user surveys undertaken by ABA showing a 94 per cent customer satisfaction rate, with 95 per cent indicating the support and information received assisted them in their needs and 98 per cent of callers stating they would recommend the service to others.

The most recent meeting between the department and ABA was in April 2026 with the objective of strengthening existing networks and explore opportunities for further collaboration. As recommended in HMA’s evaluation report, the services delivered could be strengthened by further collaboration between ABA and priority group organisations to ensure that services are culturally safe and better aligned with the needs of First Nations and CALD individuals. Collaboration with priority group organisations will be incorporated into the program’s design and the development of the grant opportunity guidelines.

The department will continue to work with the ABA and other key stakeholders, as appropriate, and ongoing consultation will continue throughout the life of the grant agreement.

Constitutional considerations

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

Communications power

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

Grant funding to the ABA will provide education and training about breastfeeding to new parents through telephone and online services, being the Helpline and the LiveChat.

Table item 115 – Grant to FightMND Ltd-Neale Daniher MND Clinical Network

New table item 115 establishes legislative authority for the Government to provide a grant to FightMND Ltd (FightMND) to establish the Neale Daniher MND Clinical Network (the Clinical Network).

The establishment of the Clinical Network was announced by the Prime Minister on 25 January 2026 (www.pm.gov.au/media/australian-year-awards-ceremony-2026), with a more detailed announcement by the Minister for Health and Ageing on 29 January 2026 (www.health.gov.au/ministers/the-hon-mark-butler-mp/media/establishing-the-neale-daniher-national-mnd-clinical-network).

FightMND is a not-for-profit organisation, founded in 2014 by Neale Daniher AO, Pat Cunningham, and the late Dr Ian Davis OAM, to raise awareness and fund vital research to improve the quality of life and find treatments and a cure for those living with motor neurone disease (MND). The Clinical Network is positioned as a key legacy initiative associated with Neale Daniher AO and aims to benefit Australians living with MND now and into the future.

MND is a progressive and fatal neurodegenerative disease. In 2025, approximately 2,750 Australians were living with MND. Diagnosing MND is complex and there are no specific tests to diagnose the condition.

Grant funding of $40.1 million over four years from 2025-26 aims to accelerate the development and delivery of effective treatments, and ultimately a cure, for MND, and support research to improve the care of people living with MND. The Clinical Network will accelerate research, expand clinical trials and transform outcomes for people living with MND, and funding will be established across the following four pillars:

Pillar 1 – Clinical trials network

Pillar 1 is aimed at establishing Australia as a core destination for global MND clinical trials including:

expand and formalise FightMND’s current trial activity into a national clinical network with enhanced governance, unified standards and greater workforce capacity;
build scale by increasing trial sites and patient participation, including large
multi-centre trials;
increase Australia’s attractiveness to pharmaceutical sponsors and enable more cutting-edge MND drug trials to be run locally;
improve equitable access for people living with MND including those in regional, rural and remote areas and First Nations peoples, potentially through teletrials or other methods that link local sites with primary sites; and
complement broader Government initiatives to streamline trials.

Pillar 2 – Data-led diagnostics and therapy development

Pillar 2 is aimed at leading MND diagnostic and therapy development through data including:

develop a national MND data strategy and data governance framework to underpin world-leading research;
develop a plan (and business case) to explore a potential MND databank, including technical, legal, privacy and security considerations;
address data gaps for First Nations peoples as part of the strategy and planning work; and
fund a national incidence and prevalence study and an environmental risk study to address major evidence gaps.

Pillar 3 – Workforce development

Pillar 3 is aimed at developing world-leading clinicians and researchers through research and clinician fellowships including:

invest in the workforce capability and capacity required for world-leading MND research in Australia;
support Docter of Philosophy (PhD) scholarships and early-to mid-career researcher fellowships;
support clinician fellowships for qualified clinicians (e.g. doctors, nurses and allied health professionals) with a mandatory clinical research component; and
enable clinician-researchers to lead innovative studies, translate evidence into practice, and accelerate uptake of new diagnostics, treatments and models of care.

Pillar 4 – Clinical care research

Pillar 4 is aimed at research into MND models of care and care pathways including:

research projects to investigate and improve clinical care pathways for people living with MND; and
develop, implement and/or evaluate scalable and sustainable models of care, with a focus on improving care for people living with MND in regional, rural and remote areas.

The overall intended outcomes of the grant to FightMND are to:

establish the Clinical Network to accelerate research and expand clinical trials;
position Australia as a preferred location for global MND clinical trials;
strengthen national data infrastructure to underpin research and therapy development;
identify and test improved clinical care pathways and scalable models of care; and
build the capability and capacity of clinicians and researchers through fellowships.

Funding amount and arrangements, merits review and consultation

Funding of $40.1 million over four years from 2025-26 will be included in the 2026-27 Budget and the Portfolio Budget Statements for the Health, Disability and Ageing portfolio. Funding for this item will come from Program 1.1: Health Research, Coordination and Access, which is part of Outcome 1.

Funding will be provided to FightMND as a closed, non‑competitive, grant process. FightMND is eligible for the grant opportunity on the basis that the organisation has:

capability and capacity to deliver the grant activities;
existing infrastructure and relationships to support delivery of the activities; and 
knowledge of and capability to deliver the objectives and 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 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, which is part of DSS. A delegate of the Secretary of the department under the FFSP Act will be responsible for approving Commonwealth funding provided to the eligible organisation. The delegate will be at the SES Band 1 level and will have the appropriate experience and knowledge to exercise this function.

The provision of funds to FightMND 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 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 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 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.

Commencing in August 2025 and ongoing through 2025-26, the department has consulted with FightMND and MND Australia, the national peak body for MND care, advocacy and research, to inform the design and development of the Clinical Network.

Ongoing consultation within the sector is a key part of the grant monitoring and governance mechanisms and FightMND will be required to consult and collaborate broadly with MND Australia and other key MND stakeholders including clinicians, researchers and consumers. Consultation with FightMND will continue throughout the life of the grant agreement.

Constitutional considerations

Noting that it is not a comprehensive statement of relevant constitutional considerations, the purpose 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.

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) 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 grant to FightMND will establish the Clinical Network, which will accelerate research into MND, expand clinical trials and support activities to improve treatment and outcomes for people with MND.

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 in relation to benefits to students.

The grant will fund PhD scholarships through research fellowships. This would attract applicants from high talent students and develop talent in MND research areas to foster research excellence and secure the next generation of MND researchers.

Table item 116 – Grants to the National Allergy Council Limited

New table item 116 establishes legislative authority for the Government to provide grants to the National Allergy Council Limited (NAC).

The NAC is a partnership between the Australasian Society of Clinical Immunology and Allergy and Allergy & Anaphylaxis Australia, Australia’s leading medical and patient support organisations for allergy, and works to implement the National Allergy Strategy (the Strategy) through projects aimed at improving support and outcomes for individuals living with allergic disease.

Allergic disease is one of Australia’s fastest growing chronic health issues affecting an estimated 8.2 million people (30 per cent of Australians), which has more than doubled since 2007. Based on the findings of a 2025 report by Deloitte Access Economics (commissioned by the NAC) on the social and economic costs of allergic disease in Australia, the annual economic burden in Australia of allergic disease is estimated at $64.0 billion in 2025. This comprises financial costs of $18.9 billion and a further $44.6 billion
non-financial costs through loss of wellbeing.

Allergic disease spans all age groups, with one in ten babies diagnosed with food allergies, one in 20 adults reporting medication allergies, and one in four Australians experiencing hay fever, up from one in seven in 2008. The burden of allergic diseases negatively impacts quality of life for affected individuals and families. Living with the constant risk of severe allergic reactions contributes to anxiety, isolation, and poor mental health. Allergic diseases are often complex and co-occurring within families, requiring a coordinated approach to care, education, and research to improve prevention, diagnosis and management.

Since 2022, the NAC has improved awareness, access to care and safety across communities with 166,000 families and professionals supported annually through the ‘Nip allergies in the Bub’ program which involves 233,000 individuals trained in life-saving anaphylaxis management and more than 207,000 food service staff trained to provide safe food for people with food allergies. The NAC has also delivered programs to train nurses in allergy care, prevent food allergies in babies, and improve allergy management in schools. The NAC is leading work on the creation of a national anaphylaxis reporting system to improve safety and data collection and working on advanced digital health tools for allergy care coordination.

In August 2019, the issue of allergies and anaphylaxis in Australia was referred to the House of Representatives Standing Committee on Health, Aged Care and Sport (the Committee). In May 2020, the Committee handed down its Report ‘Walking the allergy tightrope’, available at: www.aph.gov.au/Parliamentary_Business/Committees/House/Former_Committees/
Health_Aged_Care_and_Sport/Allergiesandanaphylaxis/Report. The Report made 24 recommendations. The NAC was established in response to Recommendation 1 of the Report, that the Australian Government work with the states and territories to establish a National Centre for Allergies and Anaphylaxis in Australia. Grant activities to be undertaken by the NAC address or partially address several recommendations from the Report, including in relation to the education and training of health professionals, anaphylaxis reporting and food allergen management training.

Grant funding of $8.1 million over two years from 2026-27 will support the delivery of the following allergy-related preventive health and education programs and support services to the public:

operating and maintaining certain platforms/resources such as allergy assist and the ‘Nip allergies in the Bub’ program;
implement and improve digital health allergy documentation and implementing a national anaphylaxis reporting system; and
provide allergy-related training and resources for health professionals, early childhood educators, schools, food services, and school-aged children/young adults living with allergies and promoting antibiotic allergy awareness.

The purpose of the grant funding is to continue to support NAC to coordinate a national approach to addressing allergic disease and anaphylaxis including:

expanding existing allergy prevention programs and develop new programs based on research findings;
understanding the requirements of a national allergy reporting system to capture live reporting of hospital presentations for anaphylaxis;
providing training and resources to support anaphylaxis management in schools, early childhood education and care and the community;
improving and expanding accredited food safety training courses for food service staff;
implementing the Strategy shared care model, including national standards of care, clinical care guidelines and referral pathways;
providing evidence-based, best-practice education resources for health professionals and undergraduate students;
providing advocacy and a phone and web support/information service for allergy patients, consumers and carers;
implementing the findings of the Strategy drug allergy scoping report through the standardisation of clinical education and improving allergy information in patient records;
providing support and mentoring for young people with allergies; and
investigating the breadth of allergy treatments and their cost effectiveness to help progress a Medicare Benefits Schedule item number review for food and drug challenges.

Funding amount and arrangements, merits review and consultation

Funding of $14.6 million was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Preventive Health’ for a period of two years from 2026-27. 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 255-256.

Funding of $8.1 million for this item will come from Program 1.5: Preventive Health and Chronic Disease Support, 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 30 and 51.

Funding will be provided to the NAC as a closed, non‑competitive, grant process. The NAC is eligible for the grant opportunity on the basis that the organisation has:

the capability to deliver the specified grant activities – the NAC has been operating since 2022 and supports evidence-based public health initiatives, education, training and support to improve the health and wellbeing of people with allergic disease;
existing infrastructure and relationships to undertake the grant activities; and
demonstrated experience, knowledge of and capability to deliver the grant objectives and outcomes.

The grant will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and 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 will be made available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, which is 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 the SES Band 1 level and have appropriate experience and knowledge to exercise this function.

The provision of funds to the NAC is not considered suitable for independent merits review because the funding will be delivered through a closed, non-competitive grant process to an organisation the department has assessed as suitable.

Funding decisions made in connection with the grant are not considered suitable for independent merits review as they are decisions relating to the allocation of finite resources, 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 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).

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 engages on a regular basis with the NAC including through quarterly meetings in relation to the management of its current funding agreement. The NAC and the Murdoch Children’s Research Institute, which hosts the National Allergy Centre of Excellence (NACE), jointly submitted data to the department in August 2025, which demonstrated the impact of their funded programs including:

2.6 billion people reached globally by media coverage, raising awareness of its government-funded programs;
166,000 parents and healthcare professionals provided with practical information, recipes, food ideas and videos each year through the ‘Nip allergies in the Bub’ program;
207,982 food service staff trained to provide safe food for people with food allergies;
233,000 school, children’s education and care, and healthcare professionals completed life-saving anaphylaxis training; and
designed the NACE Allergy BioRepository (ALBI), an innovative platform to integrate fragmented allergy datasets into a nationally accessible research asset that will accelerate discovery and improve health.

There are limited eligible organisations in the market that can deliver the grant activities. The NAC has a proven track record of service delivery and the necessary capacity and capability to move quickly to implementation. The department considers broader consultation with the public is not necessary.

In addition, the department will commission an evaluation in 2026-27 to inform the development and implementation of future grant opportunities and in line with requirements under the Commonwealth resource management framework including the CGRPs. Future evaluation models will be designed to align with the department’s established requirements for grant evaluation and performance monitoring.

Ongoing consultation within the sector is a key part of the grant monitoring and governance mechanisms and consultation with the NAC will continue throughout the life of the grant agreement.

Constitutional considerations

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

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

External affairs power

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 States 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 purpose of the grant funding to the NAC is to improve the prevention and treatment of chronic conditions through the direct provision of preventative health initiatives.

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 grant funding will support the NAC to provide some of its support services to participants wholly through the internet, including online resources to mitigate chronic conditions.

Table item 117 – Grants to the Murdoch Children’s Research Institute

New table item 117 establishes legislative authority for the Government to provide grants to the Murdoch Children’s Research Institute (MCRI) to facilitate the National Allergy Centre of Excellence (NACE).

The NACE, hosted by the MCRI, is Australia’s peak allergy research body and supports a national network of nearly 500 researcher experts in drug, food, insect, and respiratory allergies. The NACE has become one of the largest and most productive centres of its kind globally and was recently recognised as a European Academy of Allergy and Clinical Immunology Advanced Research Centre.

Since 2022, the NACE has launched research projects embedded in clinical care across drug, food, insect and respiratory allergic disease, including the world-first, national, standardised peanut oral immunotherapy program (ADAPT OIT). The NACE works together with the NAC as a world-leading allergy collaboration to drive new knowledge and improve evidence-based care and public health programs to address allergic disease in Australia.

The NACE was established in response to Recommendation 2 of the ‘Walking the allergy tightrope’ Report, that the Australian Government dedicate additional funding into food allergies and anaphylaxis research.

Grant funding of $6.2 million over two years from 2026-27 will support critical national allergy research infrastructure and collaboration to deliver evidence-based consumer centred allergy care, including by:

operating the NACE Clinical Trials Network, providing support to the allergy research workforce and undertaking assessments of NAC programs;
operating and maintaining certain resources (such as the NACE ALBI) and the NACE-led allergy living evidence collection); and
addressing research gaps in, and informing updates to, allergy prevention and treatment guidelines.

The purpose of the grant funding is to continue to support NACE to centralise research on food, drug, vaccine, insect and respiratory allergies by:

communicating clear objectives and deliverables for the NACE;
standardising the approach for clinical trials within the NACE Clinical Trials Network;
embedding national multi-site trial platforms in routine clinical care for food, drug, insect and respiratory allergies;
scoping and establishing a national allergy repository;
monitoring and continually updating evidence for prevention, diagnosis, treatment and management of allergies; and
supporting, training and mentoring the next generation of allergy researchers.

Funding amount and arrangements, merits review and consultation

Funding of $14.6 million was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Preventive Health’ for a period of two years commencing in 2026-27. 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 255-256.

Funding of $6.2 million for this item will come from Program 1.5: Preventive Health and Chronic Disease Support, 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 30 and 51.

Funding will be provided to the MCRI as a closed, non‑competitive, grant process. The MCRI is eligible for the grant opportunity on the basis that the organisation has:

the capability to deliver the specified grant activities – the NACE has been operated by the MCRI since 2022 and supports critical national allergy research infrastructure and collaboration to deliver evidence-based consumer centred allergy care;
existing infrastructure and relationships to undertake the grant activities – the NACE has become one of the largest and most productive centres of its kind globally and supports a national network of nearly 500 researcher experts in drug, food, insect, and respiratory allergies; and
demonstrated experience, knowledge of and capability to deliver the grant objectives and outcomes.

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, which is 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 the SES Band 1 level and have appropriate experience and knowledge to exercise this function.

The provision of funds to the MCRI 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.

The department engages on a regular basis with the MCRI including through quarterly meetings in relation to the management of its current funding agreement. The MCRI and the NAC jointly submitted data to the department in August 2025, which demonstrated the impact of their funded programs including:

2.6 billion people reached globally by media coverage, raising awareness of its government-funded programs;
166,000 parents and healthcare professionals provided with practical information, recipes, food ideas and videos each year through the ‘Nip allergies in the Bub’ program;
207,982 food service staff trained to provide safe food for people with food allergies;
233,000 school, children’s education and care, and healthcare professionals completed life-saving anaphylaxis training; and
designed the NACE ALBI, an innovative platform to integrate fragmented allergy datasets into a nationally accessible research asset that will accelerate discovery and improve health.

There are limited eligible organisations in the market that can deliver the grant activities. The MCRI has a proven track record of service delivery and the necessary capacity and capability to move quickly to implementation. The department considers broader consultation with the public is not necessary.

Ongoing consultation within the sector is a key part of the grant monitoring and governance mechanisms and consultation with the MCRI will continue throughout the life of the grant agreement.

Constitutional considerations

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

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

External affairs power

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 States 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 purpose of the grant funding to the MCRI is to improve the prevention and treatment of chronic conditions through research.

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 grant funding will support the MCRI to provide some of its support services to participants wholly through the internet, including online resources to mitigate chronic conditions.

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

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

Table item 787 – Birthing on Country Services

New table item 787 establishes legislative authority for government spending on the Birthing on Country (BoC) Services program (BoC program) to provide maternal care services throughout the perinatal period to First Nations women and women who are pregnant with a First Nations child.

BoC refers to a range of culturally safe, First Nations-led models of care, that provide continuity of maternal health services throughout the perinatal period, to First Nations women or women carrying a First Nations baby. BoC service models include both clinical and non-clinical forms of delivery, noting that midwifery care incorporates both elements. In addition, BoC service models can also include workforce capacity building, education, training and research.

BoC principles are:

First Nations community based and governed;
provide for inclusion of traditional practices, such as access to community, language, culture and birth ceremonies;
involve connections with land and country that the birthing woman is from, whether this connection be physical or spiritual (if physical presence on country is not possible for birth);
incorporate a holistic and culturally relevant definition of health;
value First Nations ways of knowing, learning and being; and
are risk assessed to ensure service delivery is culturally competent and safe.

Since 2021, the Australian Government has funded ten BoC services across nine organisations, to deliver a range of activities in urban, rural, remote and very remote settings, reaching approximately 1,100 mother baby pairs per year. Most of these services are delivered by Aboriginal Community Controlled Health Services (ACCHS), with two activities being delivered by universities who work in partnership with ACCHS, including:

Charles Darwin University – BoC Workforce Innovation Hub+ (National);
Charles Darwin University – Djakamirr Program (Northern Territory (NT));
The Institute for Urban Indigenous Health – Birthing in Our Community Program (Queensland (Qld));
Waminda – South Coast Womens’ Health and Wellbeing Aboriginal Corporation and Waminda’s BoC Minga Gudjaga Midwifery Group Practice – Workforce Readiness Program (New South Wales (NSW));
Southern Cross University – BoC expansion and ISISTQUIT support (NSW);
Aboriginal Health Council of South Australia (SA) Limited – The Aboriginal Maternal Infant Care Program (SA);
First Peoples Health and Wellbeing (formerly Access Services for Koories Ltd) – Birthing on Country in Frankston (Victoria);
South-West Aboriginal Medical Service Aboriginal Corporation – The Positive Indigenous Birth Program for Women, Families and community of the Southwest (Western Australia);
Galangoor Duwulami Aboriginal and Torres Strait Islander Corporation – Healthy Living, Healthy Communities, Healthy Future (Qld); and
Central Australian Aboriginal Congress – Alukura Midwifery Group Practice (NT).

Where trialled, BoC models of care for First Nations women have been shown to result in a 50 per cent reduction in preterm birth rates and a 63 per cent lower chance of babies being removed by child protection services, compared to women who receive standard maternity care. This is due to the protective factors and holistic wraparound supports provided through BoC. This evidence has been based off academic, peer reviewed research undertaken by Charles Darwin University in partnership with existing BoC pilot sites listed above.

In addition, since 2021-22, site level performance reports which track bi-annual outcomes related to five performance indicators (healthy birthweight, breastfeeding, smoking cessation, antenatal checks and preterm birth), have shown that women who have accessed BoC services demonstrate:

increased and earlier attendance at antenatal appointments;
fewer adverse maternal and infant outcomes, including low birthweight and preterm births;
higher rates of breastfeeding; and
lower rates of smoking during pregnancy (smoking is the number one contributing factor to healthy birthweight).

BoC programs aim to improve maternal and infant health outcomes for First Nations people, and specifically, to improve progress against the National Agreement on Closing the Gap (the National Agreement) (www.closingthegap.gov.au/national-agreement)‘Outcome 2 – Babies are born healthy and strong’, and its associated ‘Target 2: By 2031, increase the proportion of Aboriginal and Torres Strait Islander babies with a healthy birthweight to 91 per cent’, and ‘Outcome 12 – Aboriginal and Torres Strait Islander children are not overrepresented in the child protection system’ and its associated ‘Target 12: By 2031, reduce the rate of overrepresentation of First Nations children in out of home care by 45 per cent’. Additional National Agreement targets will also be positively influenced by BoC, recognising that being born healthy and strong has lifelong benefits for health, education, and economic participation.

Investment in BoC is also strongly aligned with multiple Government reform agendas, including:

the Australian Government’s response in February 2025 to the Senate Community Affairs References Committee report: ‘Ending the Postcode Lottery – Addressing barriers to sexual, maternity and reproductive healthcare in Australia’;
Woman-Centred Care: Strategic Directions for Australian Maternity Services (www.health.gov.au/resources/publications/woman-centred-care-strategic-directions-for-australian-maternity-services) which advocates for culturally responsive, community-led models of care inclusive of BoC; and
National Syphilis Response Plan 2023 to 2030 (www.cdc.gov.au/resources/
publications/national-syphilis-response-plan-2023-2030) and subsequent action plans to reduce the number of mothers contracting syphilis, and whose infants are diagnosed with congenital syphilis late in pregnancy or after delivery due to lack of antenatal care.

Eligible BoC program activities include:

Aboriginal and Torres Strait Islander midwifery group practices;
birthing in a tertiary hospital with a known Aboriginal or Torres Strait Islander midwife;
birthing in an Aboriginal and Torres Strait Islander birth centre with a known midwife;
work to build the capability and capacity of an organisation/s to deliver BoC services to Aboriginal and Torres Strait Islander communities, such as scoping, planning and research; and
Indigenous childbirth companions or Doulas (non-clinical service).

Funding amount and arrangements, merits review and consultation

Funding of $44.4 million over four years from 2025-26 for the BoC program will be included in the 2026-27 Budget and the Portfolio Budget Statements for the Health, Disability and Ageing portfolio. Funding for this item will come from Program 1.3: First Nations Health, which is part of Outcome 1.

Funding will be provided to eligible organisations through a closed, non-competitive grant process. The purpose of the funding is to ensure the continued delivery of BoC services for First Nations women or women who are pregnant with a First Nations child.  The above listed organisations are eligible for funding as they have been assessed by the department to have:

demonstrated experience, knowledge of and capability to deliver the grant objectives and outcomes;
existing infrastructure and relationships to support the grant activities – the organisations have a positive reputation within their communities, and their established administrative arrangements and infrastructure will help ensure service continuity; and
capability and capacity to provide and operate the BoC 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 grants.

Grant opportunity guidelines and information about the grants will be made available on the GrantConnect website (www.grants.gov.au), and the grants will be administered by the Community Grants Hub, which is 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 the SES Band 1 level and have appropriate experience and knowledge to exercise this function.

Funding decisions made in connection with the BoC 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 grants 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 grants, by their nature, are unlikely to affect the interests of a sole individual and any funding 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 department meets with key BoC program stakeholders on a regular basis to discuss the ongoing progress and management of the BoC service model, including:

ACCHS delivering BoC activities to confirm future planning of their service, operational impacts, workforce needs and insurance cost pressures;
Partner universities delivering BoC activities on activity progress and future and capacity building for First Nations maternal health workforce needs;
the National Aboriginal Community Controlled Health Organisation (NACCHO) on strategic alignment with the NACCHO Maternal and Child Health strategic plan;
NSW Ministry of Health on alignment with jurisdictional maternity care strategies and the transition of partial funding for one BoC activity (Waminda);
National Indigenous Australians Agency; and
DSS on grant administration processes and compliance requirements.

Ongoing consultation within the sector is a key part of the program’s monitoring and governance mechanisms. Consultation with BoC program funded organisations and other key stakeholders, as appropriate, will continue throughout the life of the grant agreements. 

In addition, the department will commission an independent evaluation in 2027-28 to inform the development and implementation of future grant opportunities and in line with requirements under the department’s Evaluation Strategy 2023-2026 which outlines a consistent, robust and transparent approach to the evaluation of programs and policies, and 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 BoC program activities will be directed at providing maternal care services throughout the perinatal period to First Nations women, or women who are pregnant with a First Nations child.

Table item 788 – Chronic Conditions Grant Program

New table item 788 establishes legislative authority for government spending on the Chronic Conditions Grant Program (the program) to support investment in chronic health conditions.

Chronic conditions are the leading cause of illness, disability and premature death in Australia. Common chronic conditions in Australia include arthritis, asthma, back problems, cancer, chronic kidney disease, Chronic Obstructive Pulmonary Disease, diabetes, osteoporosis or osteopenia, and various heart, stroke and vascular diseases. As Australia’s population ages, more people are living longer with one or more chronic conditions, placing increasing demand on the health system and driving higher health care expenditure.

Historically, Australian Government funding for chronic conditions projects has been provided through closed, non-competitive processes across a large number of separate measures. This ad hoc, disease-specific approach has limited the ability to support integrated, person-centred care, particularly for people living with multiple, chronic conditions. The program is intended to address these limitations by introducing a streamlined, coordinated and competitive grants model aimed at improving health outcomes and quality of life for Australians with chronic conditions.

The program will consolidate 31 measures to a new grants program targeting investment for chronic conditions. Guided by the National Strategic Framework for Chronic Conditions 2026–2035 (the Framework) (www.health.gov.au/resources/publications/national-strategic-framework-for-chronic-conditions), funding of $117.6 million over four years from 2025-26 will support the following program objectives:

health promotion and education;
embedding prevention and early detection;
system integrated, multidisciplinary and person-centred continuity of care;
managing multimorbidity; and
enhanced and target support for health equity.

This approach will enable more targeted and coordinated investment, focusing on prevention and early detection, continuity of care, management of multiple chronic conditions, and advancing health equity for priority populations.

The intended outcomes of the program include:

delivery of effective, evidence based and collaborative initiatives across health systems to improve the coordination of care, and support improving long term management needs and inequities associated with chronic conditions (including determinants of health);
improved availability and access of knowledge, tools or resources to support self- management and self-optimisation of condition/s through the care continuum;
improved equity of access to prevention, early intervention and other care services for priority populations, which are culturally safe and targeted at reducing health disparities; and
sustainable, scalable and enduring activities that continue to deliver impact beyond the grant period, including sustainable workforce, governance, financial and environmental practices.

Funding will be awarded to initiatives that demonstrate measurable impact and contribute to long-term, sustainable improvements in chronic conditions health outcomes based on the following two funding tiers:

Tier 1: National Multi-component Integrated Activities – will run for four years and support large-scale, national activities that address multiple chronic conditions and/or shared risk factors comprehensively and meet at least two program objectives. These approaches support person centred and collaborative approaches for the prevention, diagnosis early intervention, care, and management of conditions.
Tier 2: Single component/Standalone Interventions – will run for two years and be targeted to discrete, time-limited activities (including pilot projects), focused on one or more program objectives.

Various requirements will apply to both tiers of funding, including that the activity must deliver:

systemic reform in alignment with one or more focus areas of the Framework, and be able to be evaluated or produce useful data, so that progress against program objectives can be demonstrated;
policy linkages, promoting networks, partnerships and co-operation within the health sector such as, developing partnerships with other organisations, particularly those representing priority populations, and co-designing activities;
patient and/or clinician support – consumer awareness, health professional education, quality improvement, ongoing update/development of clinical guidelines, and standards of care;
dedicated chronic condition health services, including priority population targeted services;
community engagement, co-design and consultation activities;
data collection and analysis;
community collaboration and communication; and
specific workforce development and training strategies.

Funding amount and arrangements, merits review and consultation

Funding of $119.8 million over four years from 2025-26 (and $38.7 million in 2029-30 and $38.3 million per year ongoing) to establish an ongoing, competitive grant program to improve health outcomes and quality of life for Australians with chronic conditions, was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Delivering Funding Certainty for the Drug and Alcohol and Chronic Condition Programs’. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26 Appendix A: Policy decisions taken since the 2025 PEFO at page 243.

Funding of $117.6 million over four years from 2025-26 for this item will come from Program 1.5: Preventive Health and Chronic Dease Support, 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 27 and 47. 

Funding will be provided through an open, competitive grant process. The grants will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs. Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grants.

Grant opportunity guidelines and information about the grants will be made available on the GrantConnect website (www.grants.gov.au), and the grants will be administered by the Community Grants Hub, which is 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 the SES Band 3 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 grants 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 grants, by their nature, are unlikely to affect the interests of a sole individual and any funding 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 refresh of the Framework, which strongly aligns with the program, was informed by a structured consultation process that included targeted engagement with key stakeholders and an open public consultation which ran from 8 March to 29 April 2024. The public consultation invited feedback via a consultation paper and 17 survey questions, with over 400 responses received from a range of consumers, non-government organisations, health professionals, academics and government representatives, providing diverse perspectives to inform the refreshed framework. Feedback from the public consultation informed the development of the program, with feedback emphasising prevention, early detection, integrated care and self-management, and it also supported the importance of addressing structural and systemic barriers by prioritising equity, culturally safe approaches and targeted support for priority populations.

In the lead up to the commencement of the program in late-2026, there will be frequent engagement with the sector ahead of the transition to the new competitive funding model.

Ongoing consultation within the sector is a key part of the program’s monitoring and governance mechanisms. Consultation with funded organisations and other key stakeholders, as appropriate, will continue throughout the life of the grant agreements. 

The department will also develop a monitoring and evaluation framework to measure the program's performance in achieving its objectives over the life of the program which will include collecting program performance information, and evaluation/s conducted periodically to assess the program's performance. In addition, the Framework 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 external affairs power (section 51(xxix)) of the Constitution.

External affairs power

ICESCR

The program will provide support and promote a healthy lifestyle to individuals affected by or at risk of a chronic health condition through prevention, treatment, detection, intervention and control of a range of chronic health conditions.

Table item 789 – LGBTIQA+ Safe Spaces Grant Program

New table item 789 establishes legislative authority for government spending on the LGBTIQA+ Safe Spaces Grant Program (the program) to fund a provider, or a consortium led by a provider, to promote the provision of respectful and culturally safe primary health care services to LGBTIQA+ people.

The program will implement the 2025 Federal election commitment to provide $10.0 million over three years to support primary healthcare providers to improve their skills and knowledge to deliver inclusive LGBTIQA+ healthcare.

It is estimated 4.5 per cent of Australians aged 16 years and over (910,600 people) are LGBTIQA+(ABS, 2022). LGBTIQA+ community-led services are often in high-demand and limited by geographical availability and capacity to support LGBTIQA+ people. As a result, LGBTIQA+ people tend to mostly use mainstream healthcare providers for their primary care needs, but commonly experience mistreatment, constrained access to care, refusal of care and substandard care. Primary care is generally the first point of contact for healthcare outside of a hospital or specialist and includes diagnosis and treatment of health conditions and
long-term care and also covers health promotion and prevention services.

The program supports implementation of the National Action Plan for the Health and Wellbeing of LGBTIQA+ People 2025-2035 (Action Plan) (www.health.gov.au/resources/
publications/national-action-plan-for-the-health-and-wellbeing-of-lgbtiqa-people-2025-2035), and aligns with the Government’s Strengthening Medicare agenda by improving access for LGBTIQA+ Australians to inclusive, culturally safe primary care.

A single provider, or a consortium led by a provider (in recognition of the depth of experience of several entities undertaking similar activities), will deliver a national LGBTIQA+ affirming training and accreditation program for primary health care providers. The provider will have relevant expertise and a demonstrated track record working with LGBTIQA+ communities and experience in training and assessing health professionals.

The program recognises that LGBTIQA+ inclusion requires systemic change, not just cursory awareness or competency training. Through the program, primary health care providers will have access to subsidised training and, following the accreditation process, will be recognised as ‘LGBTIQA+ safe’.

Preliminary modelling by the department suggests approximately 100 primary health care providers will be supported to attain accreditation, which includes training for up to 600 staff. The training and accreditation elements of the program are voluntary for participating primary care providers. The program is in no way linked to, or contingent on, mandatory training and/or accreditation requirements (medical, regulatory or safety) relating to clinical care. The program is focused on cultural safety, inclusion and service experience, rather than on clinical practice or clinical skill assessment and training. Accreditation through this program is not intended to assess or credential clinical competence, clinical decision-making, or condition-specific clinical skills.

The key objective of the program is to improve cultural safety in primary care settings and improve health outcomes for LGBTIQA+ people. This will be achieved by assisting primary care service providers:

to improve cultural safety in primary care settings for LGBTIQA+ individuals through workforce training that is evidence-based and patient-centred, guided by evidence-based best practice and the Action Plan;
to reduce financial barriers for primary care providers and organisations to develop skills and be formally recognised as competent in providing health care that is safe and appropriate for LGBTIQA+ clients;
for LGBTIQA+ people to be able to readily identify and access safe and inclusive mainstream primary care services;
to increase prevention and early intervention care episodes and improve overall health and wellbeing for LGBTIQA+ people; and
to establish a financially sustainable plan for ongoing delivery of the program’s objective.

Eligible grant activities to be delivered by the program include:

developing and delivering training activities and accreditation processes for the primary care workforce (including clinicians, receptionists, and administration and support roles) to help staff create respectful, culturally safe, and welcoming environments for LGBTIQA+ clients;
subsidising the costs of training and accreditation activities for health service providers;
developing and delivering a program that is scalable nationally and will remain sustainable;
consultation activities on program development with relevant stakeholders;
participant monitoring and compliance activities, especially for health service providers that complete accreditation; and
evaluation and continuous improvement activities, including use of an external, independent evaluator.

Funding amount and arrangements, merits review and consultation

Funding of $10.1 million over three years from 2025-26 was included in the 2025-26 Mid‑Year Economic and Fiscal Outlook under the measure ‘Delivering Election Commitments in the Health, Disability and Ageing Portfolio’ for a primary healthcare training and accreditation program to deliver a national network of LGBTIQ+ safe accredited primary care providers. 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 242-243.

Funding for this item will come from Program 1.5: Preventive Health and Chronic Disease Support, 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 27 and 47.

Funding will be provided through an open, competitive grant process. 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 applications from consortia will be encouraged, providing there is a lead organisation that is solely accountable to the Commonwealth for the delivery of grant activities and is an eligible entity. Only a lead organisation will be permitted to submit a grant application and enter into a grant agreement with the Commonwealth. If an application from a consortium is successful, formal arrangements with all parties – evidenced by letters of support – must be established prior to the execution of the agreement.

Grant opportunity guidelines and information about the grant will be available on the GrantConnect website (www.grants.gov.au), and the grant will be administered by the Community Grants Hub, which is 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 the 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 grant is 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 a sole individual and any funding 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 development of the Action Plan was informed by a significant national consultation on LGBTIQA+ health and wellbeing across 2023 and 2024, led and conducted by the department. Consultations involved 26 roundtables in every state and territory and included intersectional members of the many LGBTIQA+ communities and involved hundreds of people from LGBTIQA+ communities having a voice to share their unique experiences and ideas on what they would like to see included in the Action Plan.

The LGBTIQA+ Health and Wellbeing 10 Year National Action Plan Expert Advisory Group (Expert Advisory Group) was established by the Australian Government to ensure the development of the Action Plan was co-designed with community, in a culturally informed and sensitive way. Membership of the now dissolved Expert Advisory Group included a diverse range of stakeholders working in the LGBTIQA+ health sector across Australia and was chaired by the then Assistant Minister for Health and Aged Care and Assistant Minister for Indigenous Health, the Hon Ged Kearney MP. The Expert Advisory Group provided advice on the national consultation process as well as health and wellbeing issues that impact LGBTIQA+ people.

The department engaged two organisations, Health Equity Matters (formerly the Australian Federation of AIDS Organisations) and LGBTIQ+ Health Australia, to support national consultations with LGBTIQA+ people in 2023. These organisations were commissioned to inform understanding of the unique health and mental health issues and barriers to accessing health care for LGBTIQA+ people, and from this work, two landmark reports were produced.

Across all elements of the consultation process, LGBTIQA+ people consistently reported not feeling safe in healthcare settings due to experiences of stigma or not being affirmed in their identity, including misgendering, judgement of sexual history, being denied agency over their own identity, and being given information that was not relevant to them. Many consultation participants also felt the health system has evolved without considering the needs of LGBTIQA+ people, with barriers to accessing health care services such as location, cost, safety, confidentiality, inclusivity, appropriateness and capability of staff. This was driven by past negative experiences in accessing health care, and the fear of continued negative experiences.

The consistent feedback from these consultations highlighted the need to ensure workforce capability and capacity across both mainstream and LGBTIQA+ led services. The program will support the delivery of action 7(c) of the Action Plan by supporting the upskilling of healthcare providers and enabling LGBTIQA+ people to identify and access safe and inclusive services, through evidence-based, community-informed training and accreditation for the provision of LGBTIQA+ health care.

Ongoing consultation with the funded organisation and other key stakeholders, as appropriate, 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 external affairs power (section 51(xxix)) of the Constitution.

External affairs power

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 States 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 will create a culturally safe space for LGBTIQA+ persons accessing medical services. This is achieved through a national training and accreditation program to help healthcare providers and organisations to develop skills to deliver safe, appropriate medical services for LGBTIQA+ persons.

Table item 790 – National Institute for Youth Mental Health

New table item 790 establishes legislative authority for government spending to establish and operate a National Institute for Youth Mental Health (the National Institute).

Orygen was officially appointed by the Australian Government as the National Centre of Excellence in Youth Mental Health (NCEYMH) in 2014. The remit of the NCEYMH was to undertake clinical trials, invest in research, provide training, support and information to mental health clinicians and service planners, and develop new ways to treat people. Since its establishment, the NCEYMH has provided advice and guidance to government in the development of evidence-based policy and mental health service models, national leadership in youth mental health research design and delivery, and workforce development and support.

Funding of $43.3 million over three years from 2026-27 will be provided to transform the existing NCEYMH into the National Institute, which will drive implementation, translational research, data and economic analysis to underpin a learning health system for youth mental health. The establishment of the National Institute responds to increasing prevalence and complexity of mental illness among Australian youth and aims to help close gaps and reduce fragmentation in youth mental health services by providing national leadership, consistent policy advice, and evidence-based research to support service improvement.

The establishment of the National Institute will contribute to the implementation of the 2025 Federal election commitment to fill the gaps in support with new free mental health services that are better matched to the needs of each Australian and aligns with the Government’s Strengthening Medicare agenda, which involves expanding free public mental health care and addressing the ‘missing middle’ for Australia’s youth.

The NCEYMH currently supports youth aged 12–25, the age cohort the National Institute will continue to focus on. According to the National Study of Mental Health and Wellbeing, released by the ABS in 2023, young people had the highest prevalence of disorder across all age groups, with 38.8 per cent of those aged 16-24 experiencing a 12-month mental disorder between 2020-22. The National Institute is intended to influence system change to better meet the needs of the youth population.

The objectives of the National Institute are to continuously improve the delivery of mental health services and mental health outcomes for Australian youth aged 12–25 through:

providing evidence-based advice to the Government in the field of youth mental health;
improving the quality of youth mental health services by providing training, information and capacity building to people who work in the field of youth mental health;
conducting research in the field of youth mental health; and
collecting and analysing data and other evidence about youth mental health.

An independent evaluation of the current NCEYMH is currently being undertaken by Scyne Advisory Pty Ltd (Scyne), in partnership with the University of Canberra and the Western Sydney University. The evaluation, which is expected to be completed by late-2026, will further inform the remit of the National Institute including making recommendations about its intended scope.

The National Institute contributes to the Government’s broader policy agenda to fill gaps, providing free mental health services that are better matched to the needs of Australia’s youth and aligns with the National Mental Health Workforce Strategy 2022–2032 and the National Mental Health and Suicide Prevention Agreement (available at: www.health.gov.au/resources
/collections/national-mental-health-workforce-strategy-2022-2032 and www.federalfinancialrelations.gov.au/agreements/mental-health-suicide-prevention-agreement).

Funding amount and arrangements, merits review and consultation

Funding of $43.3 million over four years from 2025-26 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 PEFO at pages 253-254.

Funding for this item will come from Program 1.2: Mental Health, 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 29 and 46.

Funding will be provided through a closed, non-competitive grant process. 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.

The purpose of the funding is to ensure the continuity of services delivered by Orygen. Orygen is eligible for grant funding as they have been assessed by the department to have:

demonstrated experience, knowledge of and capability to deliver the grant objectives and outcomes – Orygen possesses both the capability and readiness to rapidly implement the new National Institute, ensuring continuity of care and uninterrupted support for youth accessing mental health support;
existing infrastructure and relationships to support the specified grant activities; and
an established and proven track record – Orygen has been funded by the department since 2014 to operate the NCEYMH and is recognised as a world-leading mental health organisation, with a focus on youth mental health, through specialised clinical services, research and evidence-based education and training.

As part of an independent evaluation of the NCEYMH currently being undertaken by Scyne Advisory Pty Ltd (Scyne), in partnership with the University of Canberra and the Western Sydney University, a scoping report was delivered to the department in February 2026. Scyne has consulted with representatives from Western Sydney University, the University of Canberra, youth representatives, Orygen, headspace National and representatives from the department, and also drew on a desktop literature review, analysis of international best practice, and examination of comparable research centres. The findings from the scoping report prepared by Scyne will inform the design and development of the grant opportunity guidelines.

Ongoing consultation with Orygen 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 executive power (section 61).

External affairs power

ICESCR

The National Institute will conduct youth mental health research and provide training, information and capacity building to people who work in the field of youth mental health to enable the highest standard of mental health care to affected youth.

Executive power

The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. The executive power in section 61 of the Constitution supports activities that form part of the ordinary and
well-recognised functions of government.

The National Institute will provide evidence-based advice to the Australian Government on youth mental health.

Table item 791 – Rural Locum Program

New table item 791 establishes legislative authority for government spending on the Rural Locum Program (the program).

Rural and remote health services across Australia require locum support to maintain essential service delivery when permanent staff are on leave or when short‑term vacancies arise. Locum support helps reduce burnout, overwork, and fatigue among permanent staff, allowing them to take necessary leave while ensuring services continue to operate safely. These services operate in a range of settings, including general practices and community health clinics.

The overall objectives of the program are to support health professionals:

practising in rural, regional and remote Australia to take leave and undertake continuing professional development activities; and
deliver locum services in rural, regional and remote Australia, including in rural, regional and remote areas in the NT, including through the continuing professional development of metropolitan-based health professionals.

The program comprises the Rural Locum Assistance Program (RLAP) and the Remote Northern Territory Locum Program (RNTLP) and is currently administered by Aspen Medical. Health services requiring locum support contact Aspen Medical directly to request workforce assistance and suitable locum candidates are then identified by Aspen Medical by advertising the vacancy and/or drawing from its existing locum workforce database.

RLAP

The RLAP, established in 2016, provides temporary staffing arrangements to allow health professionals in Modified Monash (MM) 2-7 areas (which includes regional centres, rural towns and remote communities) to take leave or to undertake continuing professional development. This includes nurses, allied health professionals, specialist GPs (GP obstetricians and GP anaesthetists), and specialists (obstetricians and anaesthetists).

In 2023-24, the RLAP delivered 11,508 placement days against a target of 12,850 days, with strong performance in nursing, midwifery, and allied health. Performance improved in
2024-25, with 12,695 placement days delivered, exceeding the annual target. Across all professions, RLAP program activity in 2025-26 has delivered 9,245 placement days as of 30 March 2026 against the annual target of 12,850 days.

RNTLP

The RNTLP, formerly known as the Remote Area Health Corps (RAHC), was created in 2008 under the Indigenous Australians’ Health Programme: Stronger Futures NT. The RNTLP provides locum support exclusively for the NT (in MM3-7 areas) in rural and remote locations to address ongoing and chronic workforce shortages in remote Aboriginal communities. This includes GPs, registered nurses, and allied health professionals including audiologists, dentists and dental therapists.

Since 1 July 2024, 448 placements have been completed under the RNTLP Program. It is anticipated that approximately 300 locum placements will be delivered in 2025–26.

The program will support continued service delivery whilst work to redesign the program into one consolidated national program occurs. The program aims to support the Government’s broader policy objective of improving health outcomes for Australians living in rural and remote communities and address critical workforce shortages in health.

Funding amount and arrangements, merits review and consultation

Funding of $17.1 million in 2026-27 for this 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 on page 47.

The purpose of the funding is to ensure the continuity of activities to support existing rural and remote health care service networks across Australia. Aspen Medical is eligible for grant funding as they have been assessed by the department to have:

the capability to deliver the specified grant activities – Aspen Medical has delivered locum programs for the department since 2008 and currently administers the RLAP and the RNTLP;
existing infrastructure and relationships to support the specified grant activities; and
an established and proven track record in delivering locum support services to rural and remote areas across Australia.

The department has engaged extensively with stakeholders since April 2024 to inform the work to redesign the program into one consolidated national program. More than 21 stakeholders including First Nations organisations, Primary Health Networks (PHNs), health and aged care providers, and peak bodies, were consulted, including:

Aboriginal Medical Services Alliance Northern Territory;
Aged Care Workforce Remote Accord;
Ageing Australia;
Aspen Medical;
Australian Regional and Remote Community Services;
Central Australian Aboriginal Congress;
Congress of Aboriginal and Torres Strait Islander Nurses and Midwives;
Danila Dilba Health Service;
Katherine West Health Board;
Mala’la Health Service Aboriginal Corporation;
Marthakal Homelands Resource Centre Aboriginal Corporation;
Miwatj Health Aboriginal Corporation;
National Rural Health Alliance;
Northern Territory Government;
Northern Territory PHN;
Office of the National Rural Health Commissioner;
Queensland Health;
Rural Doctors Association Australia;
Sunrise Health Service Aboriginal Corporation; and
Tangentyere Council Aboriginal Corporation.

The following evaluations of the RLAP and RNTLP were undertaken in 2022 and 2023:

University of Queensland (March 2022) was engaged to conduct an evaluation of the RLAP. Findings include that it was meeting the critical needs of organisations and clients in rural and remote areas.
Nous Group (February 2023) was engaged to conduct an evaluation of the former RAHC program. The findings and recommendations fed into the development of the RNTLP.

In addition, the department will commission a future evaluation of the program once the consolidated national program has been established to inform the development and implementation of future grant opportunities and in line with requirements under the Commonwealth resource management framework including the CGRPs.

Consultation with Aspen Medical and other key stakeholders, as appropriate, 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 social welfare power (section 51(xxiiiA));
the external affairs power (section 51(xxix)); and
the territories power (section 122).

Social welfare power

The program will allow continued access to health services funded by the Commonwealth for Australians in rural, regional and remote areas. Australians in these areas will have access to medical services delivered by specialists, procedural GPs, nurses, midwives and allied health professionals who are undertaking locum placements.

External affairs power

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 States 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 will provide Australians in rural, regional and remote areas with continued access to health professionals to ensure that they receive medical services and medical attention in the event of sickness.

Territories power

Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’.

The RTNLP will support the delivery of locum services by health professionals to rural, regional and remote areas exclusively in the NT.

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. 2) Regulations 2026

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

Overview of the legislative instrument

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

The Financial Framework (Supplementary Powers) Amendment (Health, Disability and Ageing Measures No. 2) 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 114 ‘Grant to the Australian Breastfeeding Association’;
adds table item 115 ‘Grant to FightMND Ltd-Neale Daniher MND Clinical Network’;
adds table item 116 ‘Grants to the National Allergy Council Limited’;
adds table item 117 ‘Grants to the Murdoch Children’s Research Institute’;

and the following amendments to Part 4 of Schedule 1AB:

adds table item 787 ‘Birthing on Country Services’;
adds table item 788 ‘Chronic Conditions Grant Program’;
adds table item 789 ‘LGBTIQA+ Safe Spaces Grant Program’;
adds table item 790 ‘National Institute for Youth Mental Health’; and
adds table item 791 ‘Rural Locum Program’.

Table item 114 – Grant to the Australian Breastfeeding Association

Rates of exclusive breastfeeding in Australia are currently lagging at under 40 per cent, compared to the international average of nearly 50 per cent. Providing professional support to mothers can empower women with evidence-based guidance to navigate breastfeeding challenges and increase breastfeeding adherence.

The purposes of the grant are to:

provide evidence-based education, information and support to breastfeeding mothers and their partners, and families;
provide evidence-based education and training on breastfeeding to health professionals and volunteer breastfeeding counsellors; and
address low engagement rates with priority populations.

Grant funding of $8.9 million over four years from 2025-26 to the ABA will be provided for the following activities:

operation of the Helpline and LiveChat;
end-of-life upgrades to ABA’s call centre infrastructure;
provide nationally recognised training and continuing education to counsellors, educators and health professionals in support of the Helpline and LiveChat (with activities delivered via the phone or online), including scholarships for women from low and disadvantaged communities;
collection, monitoring and reporting of data relating to the operation of the Helpline and LiveChat;
Registered Training Organisation accreditation, compliance and maintenance;
undertaking quality assurance activities to assess whether the Helpline and LiveChat are meeting the needs of callers/users;
developing and updating marketing collateral to promote the Helpline, including translating materials into languages other than English; and
collaboration with priority group organisations, to ensure services are culturally safe and better aligned with the needs of First Nations and culturally and linguistically diverse individuals.

Human rights implications

Table item 114 engages the following rights:

the right to health –Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2;
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;

the rights of women – Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), read with Article 2, and Article 22 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

the rights of the child – Article 24 of the Convention on the Rights of the Child (CRC), read with Article 4.

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’.

The grant funding will promote the right to health by supporting mothers to initiate and maintain breastfeeding. Women experience increased vulnerability during the maternity period, and the service provides timely support and/or reassurance and consistent information. Providing professional support to mothers can empower women with evidence-based guidance to support their own health and the health of their babies.

Breastfeeding supports the health of children as it is a safe, low cost, nutritionally complete source of nourishment for infants. Breastfeeding has been shown to reduce rates of infectious diseases, respiratory illnesses, asthma and obesity in children. It also has significant health benefits for mothers, reducing the risk of several types of cancer, diabetes, and overweight and obesity.

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 grant funding will promote the right to self-determination by supporting mothers and families to exercise autonomy over infant feeding, taking into consideration cultural and social practices.

Rights of women

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 11 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.

Article 22 of the UNDRIP recognises ‘Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.’

The grant will promote the rights of women, particularly the right to non-discrimination in the field of employment, by ensuring women and their right to return to work is protected. By offering specialised support, the Helpline and Livechat act as a necessary supporting social service that enables mothers to effectively manage family obligations alongside their work responsibilities.

The Helpline and Livechat services empower mothers with accessible, evidence-based guidance, helping them navigate breastfeeding challenges while balancing work, caregiving and health – contributing to more equitable participation in family, community and economic life. Breastfeeding rates are lower in First Nations populations, and the ABA has identified a need to increase engagement with this priority group.

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 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.

The grant funding will support the rights of the child, including the right to the highest attainable standard of health. Breastfeeding supports the health of children as it is a safe, low cost, nutritionally complete source of nourishment for infants and has been shown to reduce rates of infectious diseases, respiratory illnesses, asthma and obesity in children. It also has significant health benefits for mothers, reducing the risk of several types of cancer, diabetes, and overweight and obesity.

Table item 114 is compatible with human rights because it promotes the protection of human rights.

Table item 115 – Grant to FightMND-Neale Daniher MND Clinical Network

New table item 115 establishes legislative authority for the Government to provide a grant to FightMND Ltd (FightMND) to establish the Neale Daniher MND Clinical Network (the Clinical Network).

Motor neurone disease (MND) is a progressive and fatal neurodegenerative disease. In 2025, approximately 2,750 Australians were living with MND. Diagnosing MND is complex and there are no specific tests to diagnose the condition.

The Clinical Network will accelerate research, expand clinical trials and transform outcomes for those living with MND, and will be established across the following four pillars:

Pillar 1 – Clinical Trials Network, aimed at establishing Australia as a core destination for MND clinical trials globally – expanding access to emerging therapies, attracting international trials and improving participation for people in regional, rural and remote communities;
Pillar 2 – Data-led diagnostics and therapy development, aimed at leading MND diagnostic and therapy development through data – to establish a national MND data strategy and governance framework and a development plan for a potential MND databank;
Pillar 3 – Workforce development, aimed at developing the world's best clinicians and researchers through research and clinical fellowships – support PhD scholarships and early to mid-career researchers and clinician fellowships to support advanced training for qualified clinicians; and
Pillar 4 – Clinical care research, aimed at research into MND models of care and care pathways – projects aimed at investigating clinical care pathways that would optimise care for people living with MND.

Grant funding of $40.1 million over four years from 2025-26 to FightMND aims to accelerate the development and delivery of effective treatments, and ultimately a cure, for MND, and support research to improve the care of people living with MND.

Human rights implications

Table item 115 engages the following rights:

the right to health – Article 12 of the ICESCR, read with Article 2; and
the rights of people with disability – Article 8 of the Convention on the Rights of Persons with Disabilities (CRPD), read with Article 4.

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’.

The grant will promote the right to health by improving MND research with an aim to find effective treatments and a cure for MND. The grant activities will also raise awareness and care initiatives for MND which will support better health outcomes for Australians.

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. 

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 8 of the CRPD requires that States Parties adopt immediate, effective and appropriate measures to “raise awareness throughout society, including at the family level, regarding persons with disabilities”, which includes “initiating and maintaining effective public awareness campaigns”.

The grant funding will support FightMND to continue to raise awareness for MND through national campaigns which will improve consumer knowledge, diagnosis rates and promote respect for people living with MND.

Table item 115 is compatible with human rights because it promotes the protection of human rights.

Table item 116 – Grants to the National Allergy Council Limited

New table item 116 establishes legislative authority for the Government to provide a grant to the National Allergy Council Limited (NAC).

The NAC is a partnership between the Australasian Society of Clinical Immunology and Allergy, and Allergy & Anaphylaxis Australia, Australia’s leading medical and patient support organisations for allergy. Since 2022, the NAC has improved awareness, access to care, and safety across communities with 166,000 families and professionals supported annually through the ‘Nip allergies in the Bub’ program.

Grant funding of $8.1 million over two years from 2026-27 will support evidence-based public health initiatives, education, training and support, to improve the health and wellbeing of people with allergic disease. The NAC will deliver the following allergy-related preventive health and education programs and support services:

operating and maintaining certain platforms/resources such as allergy assist and the ‘Nip allergies in the Bub’ program;
implement and improve digital health allergy documentation and implementing a national anaphylaxis reporting system; and
provide allergy training and resources for health professionals, early childhood educators, schools, food services, and school-aged children/young adults living with allergies and promoting antibiotic allergy awareness.

Human rights implications

Table item 116 engages the right to health –Article 12 of the ICESCR, read with Article 2.

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’.

The burden of allergic diseases negatively impacts health and wellbeing for affected individuals and families and contributes to morbidity and mortality in Australia. Living with the constant risk of severe allergic reactions can also cause poor mental health by contributing to anxiety and isolation. The grant funding will support the NAC to deliver evidence-based consumer-centred allergy care that can significantly improve the health and wellbeing of Australians. The grants have the potential to benefit 8.2 million Australians impacted by allergic disease with beneficial flow-on effects to the broader health system.

Table item 116 is compatible with human rights because it promotes the protection of human rights.

Table item 117 – Grants to the Murdoch Children’s Research Institute

New table item 117 establishes legislative authority for the Government to provide a grant to the Murdoch Children’s Research Institute (MCRI) to facilitate the National Allergy Centre of Excellence (NACE).

The NACE is Australia’s peak allergy research body and is hosted by the MCRI. The NACE has been funded by the Government since 2022 and works together with the NAC as a world-leading allergy collaboration to drive new knowledge and improve evidence-based care and public health programs to support allergic disease in Australia. The NACE supports a national network of nearly 500 researcher experts in drug, food, insect, and respiratory allergies.

operating a national allergy clinical trials network, providing support to the allergy research workforce and undertaking assessments of NAC programs;
operating and maintaining certain resources (such as the NACE Allergy BioRepository) and the NACE-led allergy living evidence collection); and
addressing research gaps in, and informing updates to, allergy prevention and treatment guidelines.

Human rights implications

Table item 117 engages the right to health –Article 12 of the ICESCR, read with Article 2.

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’.

The burden of allergic diseases negatively impacts health and wellbeing for affected individuals and families and contributes to morbidity and mortality in Australia. Living with the constant risk of severe allergic reactions can also cause poor mental health by contributing to anxiety and isolation. The grant funding will support the MCRI to deliver allergy research that can significantly improve the health and wellbeing of Australians. The grants have the potential to benefit 8.2 million Australians impacted by allergic disease with beneficial flow-on effects to the broader health system.

Table item 117 is compatible with human rights because it promotes the protection of human rights.

Table item 787 – Birthing on Country Services

New table item 787 establishes legislative authority for government spending on the Birthing on Country (BoC) Services program (BoC program)) to provide maternal care services throughout the perinatal period to First Nations women and women who are pregnant with a First Nations child.

BoC refers to a range of culturally safe, First Nations-led models of care, that provide continuity of maternal health services throughout the perinatal period, to First Nations women or women carrying a First Nations baby. BoC service models include both clinical and non-clinical forms of delivery, noting that Aboriginal and Torres Strait Islander midwifery care incorporates both elements. In addition, BoC service models can also include workforce capacity building, education, training and research.

Funding of $44.4 million over four years from 2025-26 will be provided to support eligible BoC program activities including:

Aboriginal and Torres Strait Islander midwifery group practices;
birthing in a tertiary hospital with a known Aboriginal or Torres Strait Islander midwife;
birthing in an Aboriginal and Torres Strait Islander birth centre with a known midwife;
work to build the capability and capacity of an organisation/s to deliver BoC services to Aboriginal and Torres Strait Islander communities, such as scoping, planning and research; and
Indigenous childbirth companions or Doulas (non-clinical service).

Human rights implications

Table item 787 engages the following rights:

the right to self-determination – Article 1 of the ICESCR, Article 1 of the ICCPR, read with Article 2, and Article 3 of the UNDRIP;
the right to enjoy and benefit from culture – Article 15 of the ICESCR, read with Article 2, and Articles 5, 11 and 12 of the UNDRIP;
the rights to equality and non-discrimination – Article 26 of the ICCPR, and Article 2 of the UNDRIP;
the right to informed consent relating to legislative or administrative measures that may affect them – Articles 19 and 23 of the UNDRIP;
the rights of the child – Article 24 of the CRC, read with Article 4;
the rights of women – Article 12 of the CEDAW, read with Article 2, and Article 22 of the UNDRIP; and
the right to health –Article 12 of the ICESCR, and Article 7 of the UNDRIP.

Right to self determination

Article 3 of the UNDRIP states that ‘Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’.

The BoC program will promote the right to self-determination through empowering ACCHSs, their patients and communities to better exercise choice, control and participation to make informed decisions about maternal and infant health care, in particular by making BoC models of care accessible, and through the co-design approach and establishment of genuine, formal partnership with ACCHSs.

Right to enjoy and benefit from culture

Article 15(1)(a) of the ICESCR recognises the right of everyone to take part in cultural life.

Article 5 of the UNDRIP recognises that ‘Indigenous peoples have the right to maintain and strengthen their distinct, political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State’.

Article 11 of the UNDRIP states ‘Indigenous peoples have the right to practice and revitalize their cultural traditions and customs’.

Article 12 of the UNDRIP recognises ‘Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies…’.

In alignment with the National Agreement on Closing the Gap (National Agreement), the BoC program acknowledges that the integration of strong First Nations cultures in service delivery is fundamental to improved life outcomes for First Nations peoples. Promoting and prioritising First Nations cultures demonstrates the promotion of this right.

The BoC program will promote the right to enjoy and benefit from culture by:

providing for inclusion of traditional practices, such as access to community, language, culture and birth ceremonies;
involving connections with land and Country that the birthing women are from, whether this connection be physical or spiritual (if physical presence on Country is not possible for birth);
incorporating a holistic and culturally relevant definition of health;
valuing First Nations ways of knowing and learning; and
risk assessment to ensure service delivery is culturally competent.

Right to equality and non-discrimination 

Article 26 of the ICCPR recognises the right to equality and non-discrimination on, among other grounds: race, sex, colour, language, national origin or ‘other status’. 

Article 2 of the UNDRIP states ‘Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

Through its alignment with the National Agreement, the BoC program will promote the right to equality and non-discrimination by acknowledging the strength of First Nations people and their cultures, that have prevailed and endured despite the experience of entrenched disadvantage, political exclusion, intergenerational trauma and ongoing institutional racism.

First Nations mothers and babies disproportionately experience adverse perinatal outcomes compared with non-Indigenous mothers and babies; and birthweight is a key determinant of infant morbidity, mortality, growth and development. Preterm and low birthweight remain the leading cause of death for First Nations babies.

First Nations-led maternal health programs such as the BoC program are the primary mechanism for increasing the proportion of Aboriginal and Torres Strait Islander babies with a healthy birthweight.

Right to informed consent relating to legislative or administrative measures that may affect them 

Article 19 of the UNDRIP states that ‘States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.’ 

Article 23 of the UNDRIP recognises ‘Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programs affecting them, and as far as possible, to administer such programs through their own institutions’. 

BoC models of care are community developed and implemented an align with all four Priority Reforms of the National Agreement. The BoC program will promote the right to informed consent relating to legislative or administrative measures that may affect them by:

ensuring partnerships are accountable and representative, and decision-making is transparent and shared between government and First Nations people;
participation in decision-making is done by First Nations people appointed by First Nations people in a transparent way, based on their own structures, organisations and communities; and
embedding cultural safety and supporting the identification and elimination of racism.

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.

The BoC program promotes the rights of the child through the delivery of First Nations-led, culturally safe care across the perinatal period and into infancy to give First Nations children the best start to life.

In alignment with the National Agreement, the BoC program will contribute to increasing the proportion of Aboriginal and Torres Strait Islander children born healthy and strong, reductions in child protection involvement and reduced removals of First Nations babies. Where measured, the odds of removal are 63 per cent lower for mothers in BoC compared to standard care. As a preventive measure, BoC is disrupting generational cycles of child protection contact, trauma, and maltreatment, and contributing to short and long-term health and wellbeing benefits for mothers and babies.

Rights of women

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.

The BoC program supports the rights of women by increasing the availability and accessibility of culturally safe maternal and infant health care, including by:

affirming women’s rights to cultural identity and practices during childbirth;
enabling self-determination in how and where they give birth;
respecting each woman’s cultural, emotional and spiritual needs;
empowering women to better themselves; and
supporting informed decision-making and autonomy.

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 7 of the UNDRIP states that ‘Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.’

The BoC program promotes the right to health by increasing access to culturally safe, acceptable and high-quality maternal and infant health services, to improve maternal and infant health outcomes. Program design and service delivery aligns with First Nations holistic concept of health, including physical, emotional, spiritual and cultural wellbeing, as well as the health of the individual, family and community.

Table item 787 is compatible with human rights because it promotes the protection of human rights.

Table item 788 – Chronic Conditions Grant Program

New table item 788 establishes legislative authority for government spending on the Chronic Conditions Grant Program (the program) to support investment in chronic health conditions.

Chronic conditions are the leading cause of illness, disability and premature death in Australia. As Australia’s population ages, more people are living longer with one or more chronic conditions, placing increasing demand on the health system and driving higher health care expenditure.

Historically, Australian Government funding for chronic conditions projects has been provided through closed, non-competitive grant processes across a large number of separate measures. This ad hoc, disease-specific funding approach has limited the ability to support integrated, person-centred care, particularly for people living with multiple chronic conditions.

The program will consolidate 31 measures to a new grants program targeting investment for chronic conditions. Funding of $117.6 million over four years from 2025-26 will support the following program objectives:

health promotion and education;
embedding prevention and early detection;
system integrated, multidisciplinary and person-centred continuity of care;
managing multimorbidity; and
enhanced and target support for health equity.

The intended outcomes of the program include:

delivery of effective, evidence based and collaborative initiatives across health systems to improve the coordination of care, and support improving long term management needs and inequities associated with chronic conditions (including determinants of health);
improved availability and access of knowledge, tools or resources to support self- management and self-optimisation of condition/s through the care continuum;
improved equity of access to prevention, early intervention and other care services for priority populations, which are culturally safe and targeted at reducing health disparities; and
sustainable, scalable and enduring activities that continue to deliver impact beyond the grant period, including sustainable workforce, governance, financial and environmental practices.

Human rights implications

Table item 788 engages the right to health –Article 12 of the ICESCR, read with Article 2.

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’.

The program promotes the right to health by improving support for people living with or at risk of chronic conditions, including their families and carers, through activities, education and support services aimed at prevention, treatment, detection, intervention and control of a range of chronic health conditions, and through improving outcomes and management of the chronic conditions.

Table item 788 is compatible with human rights because it promotes the protection of human rights.

Table item 789 – LGBTIQA+ Safe Spaces Grant Program

New table item 789 establishes legislative authority for government spending on the LGBTIQA+ Safe Spaces Conditions Grant Program (the program) to fund a provider, or a consortium led by a provider, to promote the provision of respectful and culturally safe primary health care services to LGBTIQA+ people.

The program will provide funding of $10.0 million over three years from 2025-26 for the design and delivery of a national voluntary training and accreditation program. The key objective of the program is to improve cultural safety in primary care settings and improve health outcomes for LGBTIQA+ people. Primary health care providers will have access to subsidised training and following the accreditation process, will be recognised as ‘LGBTIQA+ safe’.

Eligible grant activities to be delivered by the program include:

developing and delivering training activities and accreditation processes for the primary care workforce (including clinicians, receptionists, and administration and support roles) to help staff create respectful, culturally safe, and welcoming environments for LGBTIQA+ clients;
subsidising costs for health service providers to participate in the training and accreditation activities;
developing and delivering a program that is scalable nationally and will remain sustainable at the completion of the grant;
consultation activities on program development with relevant stakeholders
participant monitoring and compliance activities, especially for organisations that complete accreditation; and
evaluation and continuous improvement activities, including use of an external, independent evaluator.

Human rights implications

Table item 789 engages the following rights:

the rights to equality and non-discrimination – Article 26 of the ICCPR, read with Article 2, and Article 2 of the UNDRIP; and
the right to health –Article 12 of the ICESCR, read with Article 2.

Right to equality and non-discrimination 

Article 26 of the ICCPR recognises the right to equality and non-discrimination on, among other grounds: race, sex, colour, language, national origin or ‘other status’. 

Through its alignment with the Action Plan, the program will promote the right to equality and non-discrimination for LGBTIQA+ people who continue to experience systemic discrimination in healthcare settings, by improving access to culturally safe and appropriate health care and support.

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’.

The program will promote the right to health by aiming to reduce stigma-related barriers to healthcare and increasing access to culturally safe and appropriate access to health and wellbeing services for LGBTIQA+ people.

Table item 789 is compatible with human rights because it promotes the protection of human rights.

Table item 790 – National Institute for Youth Mental Health

New table item 790 establishes legislative authority for government spending to establish and operate a National Institute for Youth Mental Health (the National Institute).

Orygen was officially appointed by the Australian Government as the National Centre of Excellence in Youth Mental Health (NCEYMH) in 2014.

The establishment of the National Institute responds to increasing prevalence and complexity of mental illness among Australian youth and aims to help close gaps and reduce fragmentation in youth mental health services by providing national leadership, consistent policy advice, and evidence-based research to support service improvement.

The objectives of the National Institute are to continuously improve the delivery of mental health services and mental health outcomes for Australian youth (aged 12–25) through:

providing evidence-based advice to the Government in the field of youth mental health;
improving the quality of youth mental health services by providing training, information and capacity building to people who work in the field of youth mental health;
conducting research in the field of youth mental health; and
collecting and analysing data and other evidence about youth mental health.

Human rights implications

Table item 790 engages the following rights:

the rights of the child – Articles 6, 18, 24, 27 and 28 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 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 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 requires States Parties to ensure to the maximum extent possible, the survival and development of the child.

Article 18 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 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 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 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 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.

Rising youth mental health needs have prompted the need for reforms in the child and youth mental health space. Orygen has received funding to establish and operate the NCEYMH since 2014, leading research, clinical innovation, and workforce development. In turn the National Institute will expand on the remit of the current NCEYMH and drive and guide youth mental health reform.

The National Institute will play a crucial role in advancing and safeguarding the rights of children and adolescents as set out in the CRC. By driving policy leadership and improvements to quality of care, the National Institute will help ensure that children’s rights to survival, development, and the highest attainable standard of health are prioritised. In addition, through commissioning services and improving the quality of care, the National Institute will work to make sure no child is deprived of necessary medical assistance or health care.

The National Institute will also assist parents and guardians by developing services and resources that support them and help to secure an adequate standard of living for children’s physical, mental, and social development. By making vocational and educational information and guidance accessible to all young people, the National Institute will support the right of the child to education and contribute to the development of children’s abilities to their fullest potential.

Right to work

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 National Institute will support the right to work by leading research and policy work and using data to improve health outcomes. This will support service providers to improve quality of care to ensure Australian youth get the right level of mental health and support their development.

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’.

The National Institute will support the right to health by helping to improve the delivery of mental health services and mental health outcomes for youth through training, information and capacity building for workforces supporting young people, by making services fair and including youth in decisions.

Rights of people with disability

Article 19 recognises the equal right of persons with disabilities to live in the community and requires State 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 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 requires States Parties to take steps to fully realise the rights 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 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.

The National Institute will play a pivotal role in upholding the rights of people with disability by advocating for, and contributing to, policy measures that advance the rights of all young people, including those with disabilities.

Table item 790 is compatible with human rights because it promotes the protection of human rights.

Table item 791 – Rural Locum Program

New table item 791 establishes legislative authority for government spending on the Rural Locum Program (the program).

The program comprises the Rural Locum Assistance Program (RLAP) and the Remote Northern Territory Locum Program (RNTLP) and is currently administered by Aspen Medical:

RLAP - established in 2016, provides temporary staffing arrangements to allow health professionals practising in rural, regional and remote Australia to take leave or to undertake continuing professional development. This includes nurses, allied health professionals, specialist general practitioners (GP obstetricians and GP anaesthetists), and specialists (obstetricians and anaesthetists).
RNTLP - created in 2008 under the Indigenous Australians’ Health Programme: Stronger Futures NT, provides locum support exclusively for the NT in rural and remote locations. This includes GPs, registered nurses, and allied health professionals including audiologists, dentists and dental therapists.

Funding of $17.1 million in 2026-27 will support continued service delivery whilst work to redesign the program into one consolidated national program occurs. The program aims to support the Government’s broader policy objective of improving health outcomes for Australians living in rural and remote communities and address critical workforce shortages in health.

Human rights implications

Table item 791 engages the following rights:

the right to self-determination – Article 1 of the ICESCR and Article 1 of the ICCPR, read with Article 2, and Article 3 of the UNDRIP;
the right to work – Article 6 of the ICESCR, read with Article 2, and Articles 1 to 4 of the ILO Convention 142; and
the right to health – Article 12 of the ICESCR and Article 7 of the UNDRIP.

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.”

The program promotes the right to self-determination by supporting the continuity and accessibility of primary health care services in rural and remote communities, many of which have a significant Aboriginal population. By ensuring the availability of a culturally responsive locum medical workforce, the program will enable ACCHS and local health services to maintain service delivery in accordance with community identified needs and priorities. This further supports the capacity of individuals and communities to exercise choice, control and meaningful participation in decisions affecting their health care, and to pursue their social and cultural development through access to appropriate, locally delivered health services.

Right to work

The program will support the right to work by expanding access to employment and vocational opportunities for health professionals in rural and remote areas. The program provides funded locum placements, including travel and accommodation, enabling workers to undertake short‑term roles while supporting skill development through required cultural and clinical training. By ensuring safe workloads for permanent staff and maintaining essential service delivery in underserviced communities, the program contributes to the progressive realisation of the right to work and supports a sustainable, skilled workforce in rural and remote Australia.

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 7 of the UNDRIP states that ‘Indigenous individuals have the right to life, physical and mental integrity, liberty and security of person.’

The program will promote the right to health by increasing access to culturally safe, acceptable and high-quality health services, to improve health outcomes. Program design and service delivery aligns with First Nations’ holistic concept of health, including physical, emotional, spiritual and cultural wellbeing, as well as the health of the individual, family and community.

Table item 791 is compatible with human rights because it promotes the protection of human rights.

Conclusion

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

Senator the Hon Katy Gallagher

Minister for Finance

Administered by Department of Finance

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