Financial Framework (Supplementary Powers) Amendment (Health, Disability and Ageing Measures No. 3) 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. 3) 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. 3) 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 Jean Hailes Foundation to undertake research and educate health professionals and consumers in the prevention, early detection, and management of diseases affecting women ($8.4 million over two years from 2026-27);
Mental Health Measures–Eating Disorders to support the operation of the Eating Disorder Credential, which formally recognises clinician qualifications and experience required to meet the national minimum standards for the delivery of safe and effective eating disorder treatment ($0.8 million over two years from 2025-26);
the Strengthening First Nations Health–Renal Care and Services for First Nations Peoples program to deliver culturally safe dialysis closer to home in remote and very remote communities ($53.0 million over four years from 2026-27); and
the Support for the Health Workforce to Integrate Digital Mental Health Tools program to engage general practitioners and other health professionals in the use of digital mental health supports ($5.3 million over two years from 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. 3) 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. 3) 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 certain 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 one new table item to Part 3 of Schedule 1AB.

Table item 119 – Grant to the Jean Hailes Foundation

New table item 119 establishes legislative authority for the Government to provide a grant to the Jean Hailes Foundation (Jean Hailes) to continue delivering its National Women’s Health Initiative (the grant).

Jean Hailes is a national not-for-profit organisation founded in 1992 in honour of Dr Dorothy Jean Hailes AM, a pioneering Australian general practitioner (GP) who dedicated her career to improving women’s health. Jean Hailes provides trusted information, vital research, and practical tools to drive better health outcomes for every woman and is committed to empowering women with the knowledge, skills and confidence to enjoy their best health and wellbeing at every stage of life.

The grant aligns with the National Women’s Health Strategy 2020-2030 (www.health.gov.au/
resources/publications/national-womens-health-strategy-2020-2030), which provides a national approach to improving health outcomes for all women and girls, particularly those at greatest risk of poor health, and aims to reduce inequities in the health system.

Since 2019, the Government has funded Jean Hailes to support the implementation of its National Women’s Health Initiative. Key successes to date include:

more women than ever reached through community events, partnerships and digital channels in Women’s Health Week 2025, with over 94 million views across earned, owned and paid media channels;
launched its new digital health check tool ‘Her Health Check’ in September 2025, with over 30,000 women and over 500 First Nations women completing their checks;
creation of new health resources, professional education and national awareness campaigns that have reached millions; and
developed in-language menopause videos with real women sharing how they have navigated menopause which have received over 100,000 views since their launch in October 2025.

The purpose of the grant is to provide Australian women with gender specific information to ensure that they receive support, through providing gender-responsive care and health education to women to help them make informed health decisions. The grant also aims to fill critical gaps in women’s health care, especially in areas that are often overlooked or
under-discussed and contribute towards a more equitable health system for all women. More specifically, grant funding to Jean Hailes will support the following activities under the National Women’s Health Initiative:

undertaking research on the prevention, early detection and management of diseases affecting women;
development of information and resources on women’s health matters;
management of the national digital gateway for women’s health, delivered via a dedicated website;
promoting women’s health issues through the annual national women’s health week, including delivering health messages by women from culturally and linguistically diverse (CALD) backgrounds; and
delivering the annual Jean Hailes National Women’s Health Survey, including on critical topics such as early pregnancy loss and migraine.

The intended outcomes of the grant include to:

identify and address women’s health issues by education and providing information for women and health professionals;
improve women’s health across the life course;
improve women’s access to vital health information, regardless of the location in Australia; and
reduce the incidence of preventable mortality and morbidity caused by health inequalities and specific women’s population group health issues.

Funding amount and arrangements, merits review and consultation

Funding of $8.8 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 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 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 Jean Hailes as a closed, non‑competitive, grant process. Jean Hailes is eligible for the grant opportunity on the basis that the organisation has:

demonstrated capability to deliver the grant activities, supported by national reach, existing infrastructure, governance, and stakeholder relationships;
knowledge of and capability to deliver the grant objectives and outcomes – Jean Hailes has an established profile and networks, through its operations nationally and in the local community, that will be leveraged to determine local health needs; and
an established and proven track record of delivering similar projects effectively, aligning with the grant’s objectives and outcomes, and offering value for money in the current market.

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 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 Jean Hailes 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 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.

Previous evaluations have been conducted on programs delivered by Jean Hailes, including an independent evaluation undertaken by Urbis in 2019, for the National Women’s Health initiative (2016-2019). Urbis undertook a mixed methodology approach combining qualitative and quantitative data, which included consultation with key stakeholders including women, health professionals, subject matter experts within the department, health peak bodies and research organisations.

Evaluation outcomes included that:

women and health professionals used Jean Hailes resources as a reliable and trustworthy source of information relating to women’s health with resources likely to contribute to improved health literacy and positive behaviour change for women and health professionals; and
the presence of a trusted Australian website with reliable evidence-based information was greatly appreciated by users.

In addition, the evaluation suggested improvements for building greater visibility and awareness of the platform nationally (especially outside of Victoria) and producing more culturally appropriate resources for First Nations women and women from CALD backgrounds.

The evaluation outcomes and suggested improvements fed into the development of the existing grant agreement between the department and Jean Hailes (ends 30 June 2026) and will be incorporated into the design and the development of the new grant opportunity guidelines. An independent evaluation will also be conducted of the National Women’s Health Initiative in 2026-27 which will cover performance, benefits and outcomes of the entire activity against performance indicators and targets. Future evaluation models will be designed to align with the department’s established requirements for grant evaluation and performance monitoring.

In accordance with the requirements under the CGRPs 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, the department may evaluate the grant opportunity to measure how well the outcomes and objectives have been achieved. The department may use information from the application and reports provided by the grantee for this purpose. The department may also interview or seek further information from the grantee to assist in understanding how the grant impacted the grantee and to evaluate how effective the program was in achieving its outcomes.

The department has engaged regularly on an ad hoc basis with Jean Hailes since May 2025 regarding funding support for programs that align with its National Women’s Health Initiative. The department last met with Jean Hailes in March 2026. Discussions included what might be included in the activity work plan and evaluation activities and to inform the design and development of the grant opportunity guidelines.

There is a very limited pool of organisations with the capability, experience and reach to deliver the grant activities. Jean Hailes has a proven track record of service delivery in successfully delivering the National Women’s Health initiative at the required scale and standard. In addition, Jean Hailes has consistently demonstrated strong outcomes and the operational capacity and capability to meet the purpose of the grant funding and move quickly to implementation. Due to these factors, the department considers broader consultation is not necessary as it would unlikely identify a provider with equivalent capability. Engaging Jean Hailes will ensure continuity, quality and value for money. Ongoing consultation with Jean Hailes 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 external affairs power (section 51(xxix)) of the Constitution.

External affairs power

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

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Australia is a party to the CEDAW [1983] ATS 9. Article 2 provides the general obligation of States Parties to condemn discrimination against women in all its forms, and to pursue by all appropriate means a policy of eliminating discrimination against women.

Article 3 provides that States Parties shall take all appropriate measures to ensure the advancement of women for the purpose of guaranteeing women the exercise and enjoyment of human rights and fundamental freedoms, particularly in political, social, economic and cultural fields.

Article 10 provides that States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education. This includes access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Article 12 provides that States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

The grant to Jean Hailes will fill critical gaps in women’s access to quality healthcare, especially in areas that are often overlooked or under-discussed and contribute to a more equitable health system for women in Australia, through the provision of gender-responsive care and health education to women across Australia to help them make informed health decisions.

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 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 grant to Jean Hailes will provide Australian women with gender specific information to ensure that they receive medical services and medical attention in the event of sickness and support the prevention, early detection and management of diseases affecting women.

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

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

Table item 792 – Mental Health Measures–Eating Disorders

New table item 792 establishes legislative authority for government spending on the Mental Health Measures–Eating Disorders initiative to support the operation of the Eating Disorder Credential (the Credential).

The Credential was established in 2019 in response to findings from the 2018 Medicare Benefits Schedule (MBS) Review Taskforce (the Taskforce), which reviewed over 5,700 items, including for the treatment needs of Australians with eating disorders, to ensure alignment with contemporary clinical evidence and best practice. The MBS Review aimed to enhance health outcomes by identifying obsolete, outdated, or potentially unsafe services and provides recommendations to update or remove items to ensure better patient outcomes. The Taskforce established the Eating Disorders Working Group, which reviewed treatment and supports, as well as proposed new approaches to addressing the challenges of eating disorders in Australia.

The Credential was developed in 2019 by the Australia and New Zealand Academy for Eating Disorders (ANZAED), the peak body representing and supporting all professionals working in the field of eating disorders prevention, treatment and research, in partnership with the National Eating Disorders Collaboration (NEDC), the peak body representing the sector.

The Credential provides national minimum standards for health professionals (including mental health professionals, dietitians and GPs) who treat eating disorders, to receive the appropriate training, carry out supervised consultations and maintain qualifications that align with the NEDC Workforce Core Competencies and the ANZAED practice and training standards. This recognition helps people experiencing an eating disorder, as well as their families and carers, search for treatment pathways and find the right health professionals who are qualified in delivering eating disorder care.

ANZAED has received total funding of $3.3 million since 2019-20 to initially develop and implement the Credential, and in 2023-24 to expand the scope to include GPs as a core component of the diagnosis and early intervention stage and improve the self-sustainability of the Credential system. The Credential directly improves access to treatment, improves early intervention and strengthens the national workforce in eating disorders, and since 2019, ANZAED has credentialed more than 2,000 clinicians across mental health professionals, dietitians and GPs. Currently, there are 1,141 credentialed eating disorder clinicians.

Commencing in 2026-27, the Credential will build a workforce that ensures all eating disorder health professionals deliver consistent and effective eating disorder care and treatment for those suffering, or at risk of, eating disorders. This iteration of work from the Credential contributes to the department’s objectives under Program 1.2: Mental Health, which is part of Outcome 1, in improving the mental health and wellbeing of people living in Australia. This is met by driving national reforms to the mental health and suicide prevention systems and improving equity of access to high quality, free and low-cost mental health services through the Credential.

Specifically, funding for the Credential will support the following activities:

continued operation of the Credential for health professionals;
continued operation of the secure and stable connect·ed website – a platform that provides resources and a pathway to professionals in getting credentialed, as well as a directory of credentialed eating disorder clinicians, governed by ANZAED;
delivery of professional development packages to health professionals to further strengthen the workforce – packages will be offered to new clinicians, and will include introduction and treatment provision training, as well as one series of online consultation;
delivery of a targeted public awareness campaign for consumers and families highlighting the benefits of engaging with a credentialed clinician;
an evaluation of the effectiveness of the Credential for health professionals; and
continued provision of details of credentialled health professionals to Services Australia.

The Credential aligns with the National Eating Disorders Strategy 2023-2033 (the Strategy) (www.health.gov.au/resources/publications/national-eating-disorders-strategy-2023-33), a major government priority in ensuring that a nationally consistent model of care is provided for the prevention, identification and treatment of eating disorders. It sets out minimum standards and priority actions that are effective, equitable and coordinated across state and territory governments, Primary Health Networks (PHNs), communities and the broader sector, and provides support in addressing the gaps in the mental health system by reducing risk factors associated with suicide and severe morbidity.

The Credential supports the implementation of the Strategy by building workforce capability and promotes access to evidence-based practice and quality care across the stepped system. A core component of the Strategy is strengthening the workforce so people with eating disorders can access high-quality, evidence-based care across any stage of their recovery journey. Workforce training, capability and consistency of care across professionals and practices is fundamental to provide safe and effective care for people with an eating disorder and improve clinical outcomes.

The Strategy also aligns with broader national mental health reform, including the National Mental Health and Suicide Prevention Agreement, by addressing and prioritising prevention, early intervention, coordinated care and equitable access in mental health. The Strategy provides support in addressing the gaps in the mental health system by reducing risk factors associated with suicide and severe morbidity.

Funding amount and arrangements, merits review and consultation

Funding of $0.8 million was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Mental Health’ for a period of two years commencing in 2025-26. Details are set out in the Mid-Year Economic and Fiscal Outlook 2025-26, Appendix A: Policy decisions taken since the 2025 PEFO at pages 250-253.

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 17, 29 and 46.

Funding will be provided to ANZAED as a closed, non‑competitive, grant process. The purpose of the funding is to ensure the continued delivery of the Credential by ANZAED for health professionals and to grow workforce capability when working with people who have eating disorders. ANZAED is eligible for grant funding as they have been assessed by the department to have:

demonstrated capability to deliver the grant activities, objectives and outcomes – ANZAED has developed and continued the implementation of the Credential since 2019;
existing infrastructure and stakeholder relationships to support implementation of the specified activities; and
an established and proven track record of delivering similar projects effectively.

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 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 are 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 ANZAED for the Credential. The delegate will be the Assistant Secretary (SES Band 1), Child, Youth and Priority Populations Branch, who has the appropriate experience and knowledge to exercise this function.

The provision of funds to ANZAED 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.

Whilst the Credential has not yet been evaluated, ANZAED has undertaken feedback from peer reviews which has been positive.

In accordance with the requirements under the CGRPs 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, the department will evaluate the grant opportunity to measure how well the Credential’s outcomes and objectives have been achieved. The department may use information from the application and reports provided by the grantee for this purpose. The department may also interview or seek further information from the grantee to assist in understanding how the grant impacted the grantee and to evaluate how effective the program was in achieving its outcomes.

ANZAED has engaged with the department since 2024 to support continued delivery of the Credential. ANZAED has emphasised the urgency for government support to ensure the
self-sustainability of the Credential and its ongoing implementation to reduce economic burden of eating disorders in Australia and improve the lives of individuals and families affected.

The department will consult with the ANZAED and NEDC on the role of the Credential and its alignment with the Strategy to ensure the minimum standards are being met through the grant activities. The Credential aligns with the following workforce priorities under the Strategy:

Standard 1: Engagement in eating disorder practice by the current and future health and mental health workforce is increased and barriers are reduced; and
Standard 2: Eating disorders are a workforce priority in mainstream health and mental health services.

Further consultation with peak bodies and the broader sector will be undertaken by the department during bi-monthly stakeholder meetings from July 2026 to understand the impact and effectiveness of the Credential and whether the Credential provides improvements on workforce capability and impacts on patient outcomes from different programs across the sector. Organisations to be consulted may include, but are not limited to:

The Butterfly Foundation;
The InsideOut Institute;
headspace National;
Eating Disorders Families Australia; and
Eating Disorders Queensland.

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

Social welfare power

The social welfare power in section 51(xxiiiA) of the Constitution empowers the Parliament to make laws with respect to the provision of certain social welfare benefits, including medical services (but not as to authorise any form of civil conscription).

The Credential will provide professional standards for all eating disorder health professionals to ensure consistent and effective eating disorder care and treatment for those suffering, or at risk of, eating disorders. This helps people experiencing an eating disorder, as well as their families and carers, search for pathways to eating disorder treatment and receive treatment from the right health professionals who are qualified in delivering eating disorder care.

External affairs power

ICESCR

The Credential will improve the mental health and wellbeing of people living in Australia by driving national reforms to the mental health and suicide prevention systems and improving equity of access to high quality, free and low-cost mental health services.

Table item 793 – Strengthening First Nations Health–Renal Care and Services for First Nations Peoples

New table item 793 establishes legislative authority for government spending on the Strengthening First Nations Health–Renal Care and Services for First Nations Peoples program (the program).

The program was announced in the 2022-23 Budget to address access to dialysis services for First Nations people living with chronic kidney disease in remote and very remote communities as defined in the Modified Monash Model (MMM), through the construction of up to 30 new or upgraded dialysis units and associated workforce accommodation.

In 2023-24, the Government provided additional funding for workforce accommodation to support the delivery of the dialysis units. There is currently a total of 17 dialysis units, 16 under construction and one completed. An extension of the program for four years from 2026-27 will enable the construction of the 16 incomplete dialysis units and associated accommodation to be completed.

The Aboriginal community-controlled model of care underpinning remote dialysis delivery involves wraparound clinical, cultural, workforce and logistical supports that are not covered by the MBS. This is a well‑established and longstanding feature of Commonwealth health funding arrangements, reflected in decades of supplementary operational funding for Aboriginal Community Controlled Health Services (ACCHS). These arrangements recognise that MBS‑only funding is insufficient to sustain safe, culturally appropriate service delivery for First Nations peoples.

The program will be delivered in partnership with ACCHS, including the Western Desert Nganampa Walytja Palyantjaku Tjutaku (Purple House), and is intended to support nurse-led haemodialysis provision in locations where access to treatment has historically been limited, resulting in patients travelling or relocating away from their communities.

The dialysis units will be delivered by the following organisations:

Purple House (nine services):

Coober Pedy (completed in 2024) and Yalata, South Australia (SA);
Atitjere, Ti Tree, Borroloola, Ali Curung and Yuendumu (eight chairs counted as two sites), Northern Territory (NT); and
Balgo, Western Australia (WA);

Pilbara Aboriginal Health Alliance - Tom Price, WA;
Ngangganawili Aboriginal Health Service - Wiluna, WA;
Wakaid Tribal Council - Badu Island, Queensland (QLD);
Miwatj Health Aboriginal Corporation - Galiwin’ku, NT;
Mala’la Health Service Aboriginal Corporation - Maningrida, NT;
Puntukurnu Aboriginal Medical Service Aboriginal Corporation - Jigalong, WA;
Ngaanyatjarra Health Service - Warburton, WA; and
North West Hospital and Health Service - Normanton, QLD.

The objective of the program is to reduce avoidable morbidity, mortality and social disruption associated with kidney failure by enabling access to life‑sustaining dialysis on Country and will support the construction of the 16 incomplete dialysis units and associated workforce accommodation including site planning and design, land tenure costs, construction or purchase of clinic facilities and staff housing. The program will also support the following activities as units progressively become operational:

workforce costs (nursing, technical and support staff);
clinical consumables and dialysis supplies;
equipment servicing and maintenance; and
utilities and day‑to‑day facility operations.

The program will align with the National Agreement on Closing the Gap (the National Agreement) (www.closingthegap.gov.au/national-agreement) including Priority Reform One, which focuses on shared decision‑making and partnerships between governments and Aboriginal and Torres Strait Islander people and organisations.

Funding amount and arrangements, merits review and consultation

Funding of $53.0 million for the item was included in the 2026-27 Budget under the measure ‘Closing the Gap – further investments’ for a period of five years from 2025-26. Details are set out in Budget 2026-27, Budget Measures, Budget Paper No. 2 at pages 60-62.

Funding for this item will come from Program 1.3: First Nations Health, which is part of Outcome 1. Details are set out in the Portfolio Budget Statements 2026-27, Budget Related Paper No. 1.9, Health, Disability and Ageing Portfolio at pages 36 and 52.

Funding will be provided to eligible organisations through a closed, non‑competitive, grant process. The use of a non‑competitive grant process is consistent with the CGRPs, as funding relates to the continuation of existing activities and delivery partners previously assessed as suitable to deliver services in remote locations.

The purpose of the funding is to ensure the continuity of activities to support Indigenous Australians in remote and very remote communities to access culturally safe dialysis closer to home. The nine organisations listed above 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; and 
capability and capacity to deliver the specified grant activities to ensure a consistent and integrated service delivery approach.

Grant opportunity guidelines and information about the grant are made available on the GrantConnect website (www.grants.gov.au). The department will be responsible for administering the grant arrangements and overseeing delivery of the program with grant administration supported 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 SES Band 1 level and have appropriate experience and knowledge to exercise this function. 

Grant allocation decisions made in connection with the program are not considered suitable for independent merits review, as they are decisions relating to the allocation of a finite resource, from which all potential claims for a share of the resource cannot be met. In addition, the benefits of the program are not directed towards the circumstances of particular persons, but rather applies generally to the community, and is therefore considered to be unsuitable for review. The program, by its nature, is unlikely to affect the interests of a sole individual. Any funding that has already been allocated would be affected if the original decision was overturned. The ARC has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the ARC guide). 

Program outcomes and measures of success to date, have been focused on whether proposed sites could deliver safe and sustainable services over time, demonstrate readiness to progress, address communities of highest unmet need, and be supported within the governance, funding and implementation framework of the program.

Persons likely to be affected by the program have been consulted through their representative organisations (which includes ACCHS delivering dialysis services and supporting affected communities) as part of the Expression of Interest process conducted by the department for the Steering Committee’s selection advice. Issues raised through this process included community need and demand for dialysis services, sustainability and operational viability, readiness to proceed (including land tenure, workforce and infrastructure), equity across jurisdictions, and eligibility settings (including MMM classification and MBS eligibility). This feedback has informed the design of the program, including the decision to focus on operational funding.

Ongoing consultation has been undertaken through the Better Renal Services Steering Committee (Steering Committee), which makes recommendations to the Minister for Health and Ageing, since September 2023 to provide advice on the implementation of the program and to support shared decision‑making consistent with the National Agreement.

The Steering Committee includes representatives from the ACCHS sector, peak bodies, renal service providers, clinical experts, and jurisdictional representatives. It is co‑chaired by the department and the National Aboriginal Community Controlled Health Organisation. Persons with relevant expertise have been consulted through this forum, including experienced renal clinicians, ACCHS sector leaders, technical advisors, and representatives of organisations responsible for delivering dialysis services in remote communities.

Consultation has focused on delivery experience, operational sustainability, workforce challenges, and the feasibility of completing and operating already approved dialysis units. The department has supported this consultation by compiling and testing potential site lists informed by direct approaches from communities and discussions with state and territory health departments (including QLD Health). The Steering Committee last met on 3 November 2025.

Feedback from consultations was generally supportive and will be incorporated into the final development and design of the grant opportunity guidelines.

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

Race power

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

The purpose of the program is to address access to dialysis services for First Nations people living with chronic kidney disease in remote and very remote communities.

External affairs power

ICESCR

The program aims to increase access to safe, reliable and culturally appropriate dialysis services for First Nations people living in remote and very remote areas. By supporting the operation of dialysis units, the program ensures that completed infrastructure can be commissioned and used as intended, supporting continuity of care and reducing preventable illness, mortality and social disruption associated with kidney failure.

Table item 794 – Support for the Health Workforce to Integrate Digital Mental Health Tools

New table item 794 establishes legislative authority for government spending on the Support for the Health Workforce to Integrate Digital Mental Health Tools program (the program), to engage GPs and other health professionals in the use of digital mental health supports.

The program will support the Government’s broader mental health and digital mental health reforms with the integration of digital services in the stepped-care continuum, including the e-Mental Health in Practice (eMHPrac) program. eMHPrac was established in 2013 and is led by the Queensland University of Technology (QUT) in a consortium with the University Centre for Rural Health North Coast and Menzies School of Health Research. eMHPrac was designed to improve the mental health and wellbeing of Australians by supporting GPs and other health professionals to use evidence-based digital mental health tools with their clients and help-seekers. Under eMHPrac, GPs and other healthcare professionals are able to build their capacity and confidence in recommending and integrating digital mental health supports into clinical practice.

QUT has consistently performed and achieved program funding objectives and provided invaluable advice to the Government on how to support the sector adopt digital services and how to promote new and emerging technologies. Through an established referral network, eMHPrac drives the uptake of government-funded digital mental health services and provides data-driven insights on engagement, demand, access and workforce readiness. With a decade of proven outcomes, eMHPrac is a key enabler in supporting the health system as it responds to increasing workforce pressure and demand.

Some of the key impacts of the eMHPrac to date include:

224 per cent increase in health practitioner referrals to digital mental health services from 2015 to 2024, totalling 327,327 referrals in that period;
151 per cent increase in registrations across seven government-funded digital mental health services;
over 154,000 health practitioners trained;
reached 202,000 health professionals via 750+ educational activities;
distributed more than 196,000 digital and print resources to support clinical practice;
an average of 8,000 sessions per month on the eMHPrac website; and
an average of 8,500 sessions per month on the WellMob website (an innovative library of online social and emotional wellbeing resources, Indigenous-led and
co-designed with First Nations people across the nation), featuring 600+ culturally relevant resources.

The program will build on the existing eMHPrac and will complement the department’s Digital Mental Health Program (DMHP). The program will support the health workforce in the use of digital mental health tools with their clients/help-seekers by increasing referrals to digital mental health services and promoting these options to provide greater choice for
help-seekers and reducing pressure on face-to-face services.

Funding for the program will support the following activities:

development and distribution of training material, webinars, and resources;
collection of data and development of reports on digital mental health service access and usage;
increasing visibility and awareness of eMHPrac trainings and resources (including by attending conferences), and reporting key insights, learnings, and advice to the Government;
delivering promotional activities on the use of digital mental health options and Medicare Mental Health, including engagement with PHNs; and
undertaking engagement, co-design, collaboration, research and design activities.

The program will align with the National Agreement – ‘Target 14: Significant and sustained reduction in suicide of Aboriginal and Torres Strait Islander people towards zero’, by strengthening early intervention, prevention, and accessible digital supports for Aboriginal and Torres Strait Islander people, including in rural and remote areas where access to
face-to-face services may be limited.

Funding amount and arrangements, merits review and consultation

Funding of $5.3 million was included in the 2025-26 Mid-Year Economic and Fiscal Outlook under the measure ‘Mental 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 250-253.

Funding for the program 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.

QUT is eligible for grant funding (as the lead provider of the current eMHPrac consortium) on the basis that the organisation has:

the capability to deliver the specified grant activities;
existing infrastructure and relationships, including successful partnership arrangements to undertake the grant activities; and
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 under the FFSP Act will be responsible for approving Commonwealth funding. 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 QUT 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 eMHPrac team, led by QUT, regularly consults with GPs, allied health professionals, and the Aboriginal and Torres Strait Islander health workforce to co-design resources and training programs. This includes the launch of WellMob in 2020, an innovative library of online social and emotional wellbeing resources, Indigenous-led and co-designed with First Nations people across the nation. eMHPrac utilise a number of existing channels and groups (for example, Clinical Psychology Facebook group, GPs Down Under group, and LinkedIn) to facilitate professional development, network building and collaboration and is recognised as an evidence-based, trusted and impartial resource with a database of several thousand health professionals.

Extensive consultation was undertaken by the department in 2022 and 2023 in the redesign of the DMHP which included organisations funded under the DMHP, peak bodies, lived experience groups, and primary health care providers and clinicians. Shaped by findings from the Productivity Commission’s 2020 Inquiry into Mental Health and the University of Melbourne’s independent evaluation of digital mental health services, the outcomes of those consultations marked the first phase of mental health reforms following the evaluation of the Better Access initiative and the Government’s 2023 digital mental health announcements. Guided by the Mental Health Reform Advisory Committee, established in 2023 to shape and support the Government’s response to the Better Access evaluation and broader mental health reforms, digital mental health reforms prioritise improving the quality of digital mental health services as a foundational step.

Key feedback and messaging from these consultations included:

the need for better integration between service providers and clearer navigation pathways for consumers;
build awareness of digital mental health services with health practitioners to support referrals to digital as a complement to, or instead of, face-to-face services where appropriate; and
current information technology (IT)/digital capability between providers is variable and future iterations should consider how integrated IT infrastructure can support better navigation for consumers.

The outcomes and suggested improvements from the consultations have fed into the redesign of the DMHP and will be incorporated into the design and the development of the new grant opportunity guidelines for the program. Regular quarterly stakeholder meetings, the new DMHP Stakeholder forums which are held on an annual basis, in addition to a number of topic-based forum workshops held throughout the year, remain as key contributors to ongoing dialogue between the sector and the government.

Consultation between the department and QUT and their partner organisations, in addition to other key stakeholders including organisations funded under the DMHP, is ongoing and 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 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’.

The program will provide online delivery of mental health services and is directed at improving the mental health and wellbeing of Australians by engaging health professionals in the use of digital mental health supports for their clients and help-seekers. The program aims to upskill GPs, and other healthcare professionals in using digital mental health supports with their clients through providing resources, training, and other forms of information.

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. 3) 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.

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

adds table item 119 ‘Grant to the Jean Hailes Foundation’;

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

adds table item 792 ‘Mental Health Measures–Eating Disorders;
adds table item 793 ‘Strengthening First Nations Health–Renal Care and Services for First Nations Peoples’; and
adds table item 794 ‘Support for the Health Workforce to Integrate Digital Mental Health Tools’.

Table item 119 – Grant to the Jean Hailes Foundation

Table item 119 establishes legislative authority for the Government to provide a grant to the Jean Hailes Foundation (Jean Hailes) to continue delivering its National Women’s Health Initiative (the grant).

Jean Hailes, a national not-for-profit organisation dedicated to empowering women across Australia to enjoy their best health and wellbeing at every life stage, has been funded by the Government since 2019 to support activities under the National Women’s Health Initiative.

Grant funding of $8.4 million over two years from 2026-27 to Jean Hailes will support the following activities:

undertaking research on the prevention, early detection and management of diseases affecting women;
development of information and resources on women’s health matters;
management of the national digital gateway for women’s health (website);
promoting women’s health issues through the annual national women’s health week, including delivering health messages by women from culturally and linguistically diverse backgrounds; and
delivering the annual Jean Hailes National Women’s Health Survey, including on critical topics such as early pregnancy loss and migraine.

Human rights implications

Table item 119 engages the right to health – Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2.

Right to health

Article 2 of the ICESCR requires each State Party to ‘take steps…to the maximum of its available resources, with a view to achieving progressively the full realisation’ of the rights recognised in the ICESCR ‘by all appropriate means, including particularly the adoption of legislative measures’.

Article 12(1) of the ICESCR recognises the ‘right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.

Article 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for the ‘prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.

The grant funding will improve the health of Australian women by providing
gender-responsive care to ensure they have the knowledge and information on women’s health matters that support the prevention, treatment and control of diseases. By ensuring Australian women have access to health information so that they can make informed decisions about their health, the grant funding will contribute to achieving the highest attainable standard of physical and mental health for Australian women.

Table item 119 is compatible with human rights because it promotes the protection of human rights.

Table item 792 – Mental Health Measures–Eating Disorders

Table item 792 establishes legislative authority for government spending on the Mental Health Measures–Eating Disorders initiative to support the operation of the Eating Disorder Credential (the Credential).

The Credential was developed in 2019 by the Australia and New Zealand Academy for Eating Disorders, the peak body representing and supporting all professionals working in the field of eating disorders prevention, treatment and research, in partnership with the National Eating Disorders Collaboration, the peak body representing the sector.

The Credential formally recognises clinician qualifications and experience required to meet the national minimum standards for the delivery of safe and effective eating disorder treatment. This recognition helps people experiencing an eating disorder, as well as their families and carers, search for pathways to eating disorder treatment and find the right health professionals who are qualified in delivering eating disorder care.

Funding of $0.8 million over two years from 2025-26 for the Credential will support the following activities:

continued operation of the Credential for health professionals;
continued operation of the secure and stable connect·ed website;
delivery of professional development packages to health professionals to further strengthen the workforce - packages will be offered to new clinicians, and will include introduction and treatment provision training, as well as one series of online consultation;
delivery of a targeted public awareness campaign for consumers and families highlighting the benefits of engaging with a credentialed clinician;
an evaluation of the effectiveness of the Credential for health professionals; and
continued provision of details of credentialled health professionals to Services Australia.

Human rights implications

Table item 792 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’. Article 12(2)(c) and 12(2)(d) of the ICESCR requires Australia to take steps necessary for the ‘prevention, treatment and control of epidemic, endemic, occupational and other diseases’ and ‘the creation of conditions which would assure to all medical service and medical attention in the event of sickness’.

Table item 792 will promote the right to health by building workforce capability in general practitioners (GPs), dietitians and mental health professionals to deliver the appropriate eating disorder care to the community. The Credential ensures that people suffering from eating disorders, as well as their families and carers, can find a credentialed practitioner who has the expertise to deliver safe and effective eating disorder services and supports. This will increase practitioner confidence in providing the best possible care for eating disorders and boost recovery rates in people suffering from eating disorders across Australia.

Table item 792 is compatible with human rights because it promotes the protection of human rights.

Table item 793 – Strengthening First Nations Health–Renal Care and Services for First Nations Peoples

Table item 793 establishes legislative authority for government spending on the Strengthening First Nations Health–Renal Care and Services for First Nations Peoples program (the program)

The program was announced in the 2022-23 Budget to address access to dialysis services for First Nations people living with chronic kidney disease in remote and very remote locations. In 2023-24, the Government provided additional funding for workforce accommodation to support the delivery of the dialysis units. There is currently a total of 17 dialysis units, 16 under construction and one completed. A grant of $53.0 million over four years from 2026-27 for an extension of the program will enable the construction of the 16 incomplete dialysis units and associated accommodation to be completed.

The program will be delivered in partnership with Aboriginal Community Controlled Health Services (ACCHS), including the Western Desert Nganampa Walytja Palyantjaku Tjutaku, and is intended to support nurse-led haemodialysis provision in locations where access to treatment has historically been limited, resulting in patients travelling or relocating away from their communities. The program will also support the following activities as dialysis units progressively become operational:

workforce costs (nursing, technical and support staff);
clinical consumables and dialysis supplies;
equipment servicing and maintenance; and
utilities and day‑to‑day facility operations.

Human rights implications

Table item 793 engages the following rights:

the right to self-determination – Article 1 of the ICESCR, read with Article 2, Article 1 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2, and Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP);
the right to enjoy and benefit from culture – Article 15 of the ICESCR, 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; and
the right to health – Article 12 of the ICESCR and Article 7 of the UNDRIP.

Article 2 of the ICESCR and the ICCPR, require that each State Party undertake to take steps to the maximum of its available resources to realise the rights recognised, particularly through legislative measures.

Right to self-determination

Article 1 of the ICESCR and 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 realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations’.

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’.

Table item 793 will promote this right by supporting ACCHS to deliver dialysis services in accordance with community‑determined priorities and local models of care. Decisions about service delivery, workforce, and day‑to‑day operations are led by community‑controlled organisations with established governance and accountability to the communities they serve which supports meaningful choice, control and participation in decisions affecting health care delivery. The program’s governance arrangements, including the Better Renal Services Steering Committee and alignment with the National Agreement on Closing the Gap (the National Agreement), will further support shared decision‑making and genuine partnership with First Nations organisations.

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…’.

The program will support culturally safe, community‑based dialysis services that enable people to receive life‑sustaining treatment closer to home and on Country, reducing the need for prolonged relocation to metropolitan centres. Access to dialysis on Country supports ongoing connection to family, culture, language and community, and reflects a holistic understanding of health that includes cultural, spiritual and social wellbeing.

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 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.

Aboriginal and Torres Strait Islander people experience significantly higher rates of chronic kidney disease and kidney failure than non‑Indigenous Australians, with poorer health outcomes driven by geographic isolation, limited-service availability and systemic disadvantage. The program will promote substantive equality by targeting resources to address these entrenched disparities and improve access to essential health services in remote and very remote communities.

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’. 

In alignment with all four Priority Reforms of the National Agreement, the department is
co-designing the program by:

working collaboratively and in genuine, formal partnership with ACCHS and the Better Renal Services Steering Committee to provide program advice and oversight;
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.

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 program will promote the right to health by increasing access to safe, reliable and culturally appropriate dialysis services for First Nations people living in remote areas. By supporting the operation of dialysis units, the program ensures that completed infrastructure can be commissioned and used as intended, supporting continuity of care and reducing preventable illness, mortality and social disruption associated with kidney failure.

Table item 793 is compatible with human rights because it promotes the protection of human rights.

Table item 794 – Support for the Health Workforce to Integrate Digital Mental Health Tools

Table item 794 establishes legislative authority for government spending on the Support for the Health Workforce to Integrate Digital Mental Health Tools program (the program) to engage GPs and other health professionals in the use of digital mental health supports.

Established in 2013, e-Mental Health in Practice (eMHPrac), is a long-standing program led by the Queensland University of Technology in a consortium with the University Centre for Rural Health North Coast and Menzies School of Health Research. eMHPrac was designed to improve the mental health and wellbeing of Australians by supporting GPs and other health professionals to use evidence-based digital mental health tools with their clients and
help-seekers.

The program will build on the existing eMHPrac and will complement the department’s Digital Mental Health Program. Funding of $5.3 million over two years from 2026-27 is available for the program to support the health workforce in the use of digital mental health tools with their clients/help-seekers by increasing referrals to digital mental health services and promoting these options to provide greater choice for help-seekers and reducing pressure on face-to-face services.

Human rights implications

Table item 794 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 will improve the mental health and wellbeing of Australians by engaging health professionals in the use of digital mental health supports for their clients and help-seekers. It aims to upskill GPs and other healthcare professionals in using digital mental health supports with their clients through providing resources, training, and other forms of information. This creates conditions for health professions to upskill to be able to provide medical services and medical attention for Australians experience mental health sickness and is consistent with the right to everyone to the enjoyment of the highest attainable standard of health.

Table item 794 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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