EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Financial Framework (Supplementary Powers) Act 1997
Financial Framework (Supplementary Powers) Amendment
(Health Measures No. 6) Regulations 2017
The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) 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 FF(SP) Act applies to Ministers and the accountable authorities of non‑corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013.
Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.
Section 32B of the FF(SP) 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. Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs.
The Regulations amend Schedule 1AB to the Principal Regulations to establish legislative authority for the Government to provide a grant of $2.1 million to Lifeline Australia to increase the capacity and reach of their Suicide ‘Hotspot’ Crisis Line Service, and promote help seeking messages to prevent suicide at high‑risk (‘hotspot’) locations. This initiative will be administered by the Department of Health.
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 the instrument is registered 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.
A regulation impact statement is not required as the Regulations only apply to non‑corporate Commonwealth entities and do not adversely affect the private sector.
Details of the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 6) Regulations 2017
Section 1 – Name
This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Health Measures No. 6) Regulations 2017.
Section 2 – Commencement
This section provides that the Regulations commence on the day after the instrument is registered 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 are amended as set out in the Schedule to the Regulations.
Schedule 1 – Amendments
Item 1 – In the appropriate position in Part 4 of Schedule 1AB (table)
This item adds a new table item to Part 4 of Schedule 1AB to establish legislative authority for government spending on an initiative that will be administered by the Department of Health.
New table item 250 establishes legislative authority for the Government to provide a grant of $2.1 million over three years from 2017-18 to Lifeline Australia to expand their suicide prevention activities at suicide ‘hotspot’ locations. Suicide ‘hotspots’ are areas and specific locations where repeat suicide incidents occur.
Lifeline Australia’s activities to prevent suicides at ‘hotspot’ locations include:
- the operation of the Suicide ‘Hotspot’ Crisis Line Service, a 24-hour dedicated telephone crisis support line for people who may be contemplating suicide at suicide ‘hotspots’ in Australia;
- engagement with local councils and other relevant stakeholders that have established or are seeking to establish a ‘hotspot’ program; and
- promotion of help seeking messages through signage at ‘hotspot’ sites.
The grant will enable Lifeline Australia to undertake a scoping activity to identify additional areas or sites of risk, build relationships at the community level to improve help seeking strategies, and further develop the capacity and reach of the Suicide ‘Hotspot’ Crisis Line Service.
Funding for this initiative was included in the 2017-18 Budget under the measure ‘Prioritising Mental Health – suicide prevention support programs’ for a period of three years commencing in 2017-18. Details are set out in Budget 2017-18, Budget Measures, Budget Paper No. 2 2017-18 at page 121.
Funding to Lifeline Australia will be provided by way of a grant via direct offer. As the funded activities build on the existing work undertaken by Lifeline Australia to provide help seeking messages through signage at ‘hotspot’ locations and crisis line support, new program guidelines are not required. Existing program guidelines are available at
www.health.gov.au/internet/main/publishing.nsf/Content/mental-teleweb.
The Department of Health will request Lifeline Australia to undertake an initial scoping activity to identify specific locations where repeat suicide incidents have occurred. Lifeline Australia would be expected to work with local, state and territory governments and relevant stakeholders, including Aboriginal Community Controlled Health Services and the National Indigenous Critical Response Service, to determine locations of high risk. The department will also request Lifeline Australia to build relationships at the local community level to improve help seeking strategies and promote the availability of the Suicide ‘Hotspot’ Crisis Line Service at identified locations. Lifeline Australia would be expected to work with local councils to ensure signage is culturally appropriate and safe for Aboriginal and Torres Strait Islander people.
Lifeline Australia is an established service provider with a track record in suicide prevention activities. Key performance indicators for the grant funded activities will include reporting on the number of calls received, the number of calls deemed as crisis calls, the nature of referrals, and the regions where calls originated.
The grant will be managed by the department, with the grant funding approved by the delegate of the Secretary of the department in accordance with the Commonwealth Grants Rules and Guidelines. The grant decision will be reported at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-grantsreporting no later than 14 working days after the grant funding agreement takes effect. Relevant details of the grant funding agreement will also be included in the department’s annual report.
The decision to provide funding to Lifeline Australia to continue and expand their Suicide ‘Hotspot’ Crisis Line Service is not considered suitable for independent merits review because the funding is targeted, non-competitive and for a specific purpose. Lifeline Australia is the only organisation with the experience and infrastructure in place to meet the objectives of this initiative.
To reconsider this decision under merits review would substantially delay implementation of the initiative in a market environment where there are no alternative providers with similar capacity and expertise to provide the service nationally.
The department’s Grant and Procurement Complaints Procedures apply to complaints that arise in relation to grant and procurement processes. This information is available at www.health.gov.au/internet/main/publishing.nsf/Content/pfps-complaintsprocedures. Complaints can be lodged by contacting the relevant departmental contact officer within six months of the outcome of a process. Complaints will be acknowledged within ten days of lodging. The departmental contact officer and their supervisor will try to resolve the matter and advise the decision within a reasonable timeframe.
If a complainant is not satisfied with the department’s decision, then they can apply for an independent internal departmental review of the complaint. Persons are also able to lodge a complaint with the Commonwealth Ombudsman or seek judicial review.
Funding for this item will come from Program 2.1: Mental Health, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2017-18, Budget Related Paper No. 1.10, Health Portfolio at pages 29 and 63.
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.
Under section 51(v) of the Constitution, the Commonwealth has power to legislate with respect to ‘postal, telegraphic, telephonic and other like services’.
Funding will be provided to Lifeline Australia so that they can expand access to their Suicide ‘Hotspot’ Crisis Line Service. Access to the telephone line will be expanded through increased promotion, particularly through signage in identified areas of repeated suicide incidents and increased engagement with local councils.
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 Measures No. 6) Regulations 2017
These Regulations are 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 FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) 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 FF(SP) Regulations specify the arrangements, grants and programs. The FF(SP) Act applies to 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 Regulations amend Schedule 1AB to the FF(SP) Regulations to establish legislative authority for the Government to provide a grant of $2.1 million to Lifeline Australia to increase the capacity and reach of their Suicide ‘Hotspot’ Crisis Line Service, and promote help seeking messages to prevent suicide at high‑risk (‘hotspot’) locations. This initiative will be administered by the Department of Health.
The Minister for Health has portfolio responsibility for this matter.
Human rights implications
The Regulations do not engage any of the applicable rights or freedoms.
Conclusion
These Regulations are compatible with human rights as they do not raise any human rights issues.
Senator the Hon Mathias Cormann
Minister for Finance