Financial Framework (Supplementary Powers) Amendment (Home Affairs 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

(Home Affairs 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 (Home Affairs Measures No. 2) Regulations 2026 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on the Bondi Terrorist Attack Response and Recovery program (the program). The program will be administered by the Department of Home Affairs.

The program forms part of the Government’s broader supports package in response to the antisemitic terrorist attack at Bondi Beach on 14 December 2025 (Bondi attack).

The purpose of the program is to support the short to medium-term recovery needs of individuals and communities (in particular, the Jewish community) affected by the Bondi attack. Grant funding of $3.0 million in 2025-26 will be provided to Jewish House and Jewish Care to quickly respond to the needs of the victims and community members who have experienced diverse impacts following the attack.

Immediate support could include:

transportation including flights for attending funerals, memorials and reunions between victims, their families and their support persons;
short term accommodation;
counselling, psychosocial supports and other mental health services; and
essential needs such as clothing, medications, toiletries and so on.

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 Home Affairs.

Attachment A

Details of the Financial Framework (Supplementary Powers) Amendment

(Home Affairs Measures No. 2) Regulations 2026

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs 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 item in Schedule 1 amends Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on an activity to be administered by the Department of Home Affairs (the department).

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

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

Table item 772 – Bondi Terrorist Attack Response and Recovery

New table item 772 establishes legislative authority for government spending on the Bondi Terrorist Attack Response and Recovery program (the program).

The program forms part of the broader supports package announced by the Government on 18 December 2025 following the devastating antisemitic terrorist attack at Bondi Beach on 14 December 2025 (Bondi attack). The package includes supports for victims and family, business and community and mental health. The media release is available at https://www.pm.gov.au/media/support-package-announced-wake-bondi-attacks.

Jewish House is a long-established Sydney-based charity providing crisis support and social services to people in need, regardless of religion or background. Founded in1983, it has grown into a significant community service provider across New South Wales (NSW).

The organisation offers 24/7 crisis support via a telephone helpline, emergency and transitional accommodation for individuals and families experiencing homelessness or domestic and family violence, and professional counselling and mental health services. Jewish House also delivers family and youth programs, including support for children, parenting assistance, and wellbeing initiatives, as well as employment and life-skills programs to help people rebuild stability and independence.

Jewish House operates with a person-centred, dignity-focused approach, combining immediate crisis intervention with longer-term support to ensure people are not left to face hardship alone.

Jewish Care is a major not-for-profit aged and community care organisation based in Sydney, serving people of all backgrounds across NSW and the Australian Capital Territory. It provides a comprehensive range of services designed to support wellbeing, independence and quality of life across the lifespan.

The organisation’s core services include residential aged care, home care packages and
in-home support to help older Australians live independently, disability support and respite services, wellbeing, allied health and counselling services and community programs that reduce social isolation and improve connection. Jewish Care also offers culturally appropriate services tailored to the needs of Jewish and broader multicultural communities.

With a focus on dignity, choice and person-centred care, Jewish Care aims to enhance wellbeing, promote independence and support people to remain connected, safe and supported in their homes and communities.

The objectives of the grant are to:

provide financial support to the victims and community members who have been impacted by the Bondi attack;
support individuals and the community who have been impacted by the Bondi attack to recover from its devastating impact through a collaborative, trauma-informed approach; and
support community organisations in responding to the needs of the Bondi attack victims and the community.

The intended outcomes of the grant are:

victims and community members impacted by the Bondi attack are provided immediate support to relieve financial pressures caused by the tragedy;
the community impacted by the Bondi attack receives appropriate support to recover from the diverse impacts of the tragedy; and
strengthened sense of belonging and safety for the Australian Jewish Community.

Funding under the grant will be used for:

reimbursement of costs incurred from 14 December 2025 by victims and community members. These may include:

transportation including flights for attending funerals, memorials and reunions between victims, their families and their support persons;
short term accommodation;
counselling, psychosocial supports and other mental health services;
essential needs which may include clothing, medications, toiletries and so on;
other expenses related to the Bondi attack on 14 December 2025 as agreed in writing by the department as appropriate; and

administration costs to support the organisations in administering the funds and providing other supports related to the Bondi attack.

To be eligible for funding, the grant activity must:

reimburse costs and the provision of financial assistance for expenses incurred by the victims, victim family members, victim support persons and community members for travel, accommodation, counselling services, essential needs and other services as agreed to by the department;
provide information and support to the community in relation to the funding available;
provide referrals to other supports where necessary and to support transition when the grant funding has been exhausted and expired;
grant financial support to victims and their relatives to access supports and services in line with the grant’s objectives; and
design and deliver supports through a collaborative, trauma-informed approach to help victims recover and transition to longer term supports beyond the grant funding.

Funding amount and arrangements, merits review and consultation

Funding of $3.0 million in 2025-26 for the item will be included in the 2026-27 Budget and the Portfolio Budget Statements for the Home Affairs portfolio. Funding will come from Program 2.5: Multicultural Affairs and Citizenship, which is part of Outcome 2.

Funding will be provided through a one-off ad hoc grant process 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 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. 

Jewish House and Jewish Care will be invited to participate in the grant opportunity as they are Sydney based organisations with the appropriate skills, experience and relationships required to provide supports to Jewish and non-Jewish community members impacted by the Bondi attack and have demonstrated ability in providing immediate support to the victims and community members.

Grant opportunity guidelines and information about the grants will be made available on the GrantConnect website as appropriate (www.grants.gov.au).The grant will be administered by the Community Grants Hub, which is part of the Department of Social Services.

Final spending decisions will be made by a delegate of the Secretary of the department under the Financial Framework (Supplementary Powers) Act 1997, consistent with the PGPA Act and the Accountable Authority Instructions. The delegate will be at Senior Executive Service Band 1 level and have appropriate experience and knowledge to exercise this function.

The decision maker’s decision is final in all matters, including the:

approval of the grant;
grant amount to be awarded; and
terms and conditions of the grant.

Consistent with the CGRPs, the grantee will be responsible for:

achieving the objectives of the grant program;
meeting the terms and conditions of the grant agreement and managing the grant activity efficiently and effectively;
complying with record keeping, reporting and acquittal requirements as set out in the grant agreement; and
participating in a grant program evaluation, including providing information to assist with the evaluation as specified in the grant agreement.

The department will evaluate the grant to measure how well the outcomes and objectives have been achieved.

Funding decisions for the grants are not considered suitable for independent merits review because these decisions relate to the allocation of finite resources, and for which all potential claims for a share of the resource cannot be met. In addition, any funding that has already been allocated would be affected if the original decision was overturned. The Administrative Review Council has recognised that it is justifiable to exclude merits review in relation to decisions of this nature (see paragraphs 4.11 to 4.19 of the guide, What decisions should be subject to merit review?).

The review and audit process undertaken by the Australian National Audit Office provides a mechanism to review Government spending decisions and report any concerns to Parliament. Judicial review may also be available under section 39B of the Judiciary Act 1903 and section 75(v) of the Australian Constitution.

The program was developed through targeted consultation with Jewish House and Jewish Care, drawing on their direct communication with victims and community members following the Bondi attack, including requests for assistance.

Given their extensive frontline experience supporting individuals, families and communities affected by crisis, trauma and vulnerability, both organisations have been able to articulate what needs should be addressed by the program and how they will be able to meet them if provided funding to do so.

This consultation ensured the program design has been informed by lived experience and community-identified priorities, strengthening its relevance, responsiveness and capacity to deliver the urgent practical, person-centred support needed by people impacted by the tragedy.

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 express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect; and
the external affairs power (section 51(xxix)).

Express incidental power and the executive power, including the nationhood aspect

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. Section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth.

The Bondi attack is an event of national significance threatening national security and social cohesion. An objective of the funding is to provide support to individuals and the community who have been impacted by the attack to assist them in their recovery, and to assist the Australian Jewish Community to obtain a strengthened sense of belonging and safety.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia.

The funding provided by the Government will be used by the grantees to reimburse the cost of flights for victims, family members and support persons to attend funerals, memorials and reunions. This may include the cost of international flights both to and from Australia.

The funding may also be used to reimburse the cost of international medevacs so that victims can be provided with specialist medical services overseas.

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 (Home Affairs 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 program forms part of the Government’s broader supports package in response to the antisemitic terrorist attack at Bondi Beach on 14 December 2025 (the Bondi attack).

The purpose of the program is to support the short to medium term recovery needs of individuals and communities (in particular, the Jewish community) affected by the Bondi attack. Grant funding of $3.0 million in 2025-26 will be provided to Jewish House and Jewish Care to quickly respond to the needs of the victims and community members who have experienced diverse impacts following the attack.

Immediate support could include:

transportation including flights for attending funerals, memorials and reunions between victims, their families and their support persons;
short term accommodation;
counselling, psychosocial supports and other mental health services; and
essential needs such as clothing, medications, toiletries and so on.

Human rights implications

This Disallowable Legislative Instrument engages with the following rights;

the right to the highest attainable standard of physical and mental health – Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, and;
right to non-discrimination and equality – Article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

Right to health

Article 2(1) of the ICESCR provides:

‘Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means….’

Articles 12(1) and (2) of the ICESCR provide:

‘1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;
The improvement of all aspects of environmental and industrial hygiene;
The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
The creation of conditions which would assure to all medical service and medical attention in the event of sickness.’

The UN Committee on Economic, Social and Cultural Rights in their General Comment No. 14 explain that Article 12(2)(d) of the ICESCR includes the provision of timely access to both physical and mental health services.

This Disallowable Legislative Instrument promotes the right to the highest attainable standard of physical and mental health for the victims and community following the Bondi attack. It does so by enabling timely access to appropriate health care and counselling services, including the travel, accommodation, essential needs.

Jewish House and Jewish Care are both Sydney based charities which provide crisis support, social services and community care for people of all backgrounds. The funding will ensure that Jewish House and Jewish Care are able to continue to provide support to the victims and community following the Bondi attack. Jewish House operates with a person-centred, dignity-focused approach, combining immediate crisis intervention with longer-term support to ensure people are not left to face hardship alone. With a focus on dignity, choice and person-centred care, Jewish Care aims to enhance wellbeing, promote independence and support people to remain connected, safe and supported in their homes and communities.

This Disallowable Legislative Instrument also covers travel and short-term accommodation costs accrued by victims and their family in the aftermath. This creates the conditions that those impacted by the Bondi attack have timely access to the physical and mental health services they need by ensuring that travel and accommodation costs are not a barrier, this includes the funding for overseas medical evacuation and transfer of victims of the attack.

This Disallowable Legislative Instrument seeks to support individuals and the community who have been impacted by the Bondi attack to recover from its devasting impact through a collaborative, trauma-informed approach.

This Disallowable Legislative Instrument supports the right to health to the extent that is directed towards improving the health of victims, their families, and the wider community ensuring that they receive appropriate and adequate health services treatment and that travel and accommodation are not a barrier.

Right to non-discrimination and equality

Article 2 of the CERD states:

States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races …
States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.

This Disallowable Legislative Instrument also promotes the right to non-discrimination and equality through providing broad authority to fund community organisations which respond to the Bondi attack. This allows the department to promote a strengthened sense of belonging and safety for the Australian Jewish Community in the aftermath of the antisemitic terror attack. This is consistent in particularly with Article 2(2) of the CERD which provides for State Parties to respond to certain inequalities or discrimination experienced by a racial group.

This Disallowable Legislative Instrument broadly supports the right to non-discrimination and equality by authorising the funding of community organisations in the aftermath of the Bondi attack. To the extent that any of the measures may be considered unequal or separate rights, the Disallowable Legislative Instrument is peculiarly adapted to the incident and for the short to medium-term objective of meeting recovery needs, and not an ongoing maintenance of the supports.

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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