Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2025

REPLACEMENT EXPLANATORY STATEMENT

This Explanator Statement replaces the Explanatory Statement registered on 22 August 2025 for the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2025 [F2025L00962] to provide further information about consultation in relation to the Security Uplifts for Muslim Communities Program.

Issued by the Authority of the Minister for Finance

Financial Framework (Supplementary Powers) Act 1997

Financial Framework (Supplementary Powers) Amendment

(Home Affairs Measures No. 3) Regulations 2025

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. 3) Regulations 2025 (the Regulations) amend Schedule 1AB to the Principal Regulations to establish legislative authority for government spending on activities to be administered by the Department of Home Affairs.

Funding will be provided for the:

African-Australian Communities Program to support the participation and integration of African-Australian communities in Australian society, enhance social cohesion and promote a sense of belonging ($20.0 million over four years from 2025-26); and
Security Uplifts for Muslim Communities Program to fund the Australian National Imams Council Limited to provide security upgrades to mosques, Islamic centres, Islamic schools, and other community facilities used and attended by the Muslim community in Australia ($27.9 million over four years from 2024-25).

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. 3) Regulations 2025

Section 1 – Name

This section provides that the title of the Regulations is the Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 3) Regulations 2025.

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 activities 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 two new table items to Part 4 of Schedule 1AB.

Table item 719 – African-Australian Communities Program

New table item 719 establishes legislative authority for government spending for the African-Australian Communities Program (the program).

The program responds to needs highlighted in the Multicultural Framework Review report, Towards Fairness: A multicultural Australia for all (the Review), relating to
African-Australian communities.

The Review (www.homeaffairs.gov.au/multicultural-framework-review/Documents/report-summary/multicultural-framework-review-report-english.pdf) is the first major examination of the state of Australian multiculturalism in a generation. It is a significant stocktake of the health of Australian multicultural society and it will influence Australia’s understanding of multiculturalism, and shape the future policy work of government for years to come.

The Government is committed to the following principles outlined in the Review that will underpin Australia’s continued multicultural success:

Connection – setting the foundations;
Identity and belonging – creating a welcoming Australia; and
Inclusion – working together to get services right.

The program aims to bolster assistance to African-Australian communities to support their participation, integration and sense of belonging in the Australian community and enhance social cohesion. This will be achieved through two streams of grant funding.

Stream 1 comprises a closed grant process where particular organisations, with proven experience in delivering support projects to African-Australian communities, would be invited to apply for funding for initiatives on one of the key focus areas below.

Stream 2 comprises an open competitive process with funding for community-led grassroots organisations to support and advocate for their communities and address community issues. While there would still be a preference for African-led organisations, other community-led grassroots organisations from multicultural communities could also apply, recognising that in many places they play an integral role in providing culturally appropriate assistance to communities.

Key focus areas of grants include:

youth programs that support African-Australian youth to participate in Australian society or re-engage following experiences in the criminal justice system through initiatives such as leadership programs, homework clubs, sporting or cultural programs and mentoring programs (youth programs);
mental health programs, particularly in light of the high suicide rate among
African-Australian youth (mental health programs);
employment services and employment opportunities that are culturally appropriate and tailored to the specific needs of African-Australians (employment services and opportunities);
family programs that provide parenting support and support for survivors of domestic violence and family violence (family programs);
establishing projects to build capacity and capability in grass-roots
African- Australian community organisations to engage with government, including advocating to government on the needs of their community and in relation to the provision of services and funding (capacity building); and
facilitating culturally appropriate access to Commonwealth services, such as Centrelink or Medicare (facilitating access to Commonwealth services).

Funding amount and arrangements, merits review and consultation

Funding of $20.0 million for the program was included in the 2025-26 Budget under the measure ‘Supporting Social Cohesion’ for a period of four years commencing in 2025-26. Details are set out in Budget 2025-26, Budget Measures, Budget Paper No. 2 at pages 61-62.

Funding for this item will come from Program 2.5: Multicultural Affairs and Citizenship, which is part of Outcome 2. Details are set out in the Portfolio Budget Statements 2025-26, Budget Related Paper No. 1.10, Home Affairs Portfolio at page 39.

The program will be administered through closed/non-competitive and open/competitive grant programs under two streams. The department has engaged the Department of Social Services’ Community Grants Hub to administer these grants.

All grants administration will be conducted 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 Grant 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.

Assessment will be undertaken by either the department or the Community Grants Hub, depending on the particular grant opportunity. Selection Advisory Panels will be convened to review applications and assessment outcomes and make final recommendations to the decision maker on which applications to approve for a grant.

The Selection Advisory Panels will be established by the department and may include a combination of employees of the department, experts from the sector, and other Commonwealth officers with relevant specialist expertise. The department may ask external experts/advisors to inform the assessment process. Any expert/advisor who is not a Commonwealth official will be required/expected to perform their duties in accordance with the CGRPs.

The Minister for Immigration and Citizenship or the Assistant Minister for Citizenship and Multicultural Affairs will be the decision maker for all grant opportunities under the program.

Based on the value of the grant opportunity, and in line with the department’s financial delegations under the Financial Framework (Supplementary Powers) Act 1997 (FFSP Act), the delegate to the Secretary of the department will approve grants funding. The delegate will be the Senior Executive Service (SES) Band 2 of the Office for Multicultural Affairs, with relevant skills and experience to administer the program.

The decision-maker decides which grants to approve based on the recommendations of the Selection Advisory Panel, taking into consideration any further information that may become known, including the availability of grant funds for the purposes of the grant program.

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

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

Grant opportunity guidelines and information about the grant will be made available on the GrantConnect website (www.grants.gov.au).

Merits review of decisions made in connection with the grants program would not be considered appropriate 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, 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 government spending decisions and report any concerns to the Parliament. These requirements and mechanisms help to ensure the proper use of Commonwealth resources and appropriate transparency around decisions relating to making, varying or administering arrangements to spend relevant money.

Further, the right to review under section 75(v) of the Constitution and review under section 39B of the Judiciary Act 1903 may be available. Persons affected by spending decisions would also have recourse to the Commonwealth Ombudsman where appropriate.

In delivering the Review report to the Australian Government, the Review was informed by 216 public consultations across Australia. The Review Panel also considered 796 public submissions (15 per cent in languages other than English) and conducted an art competition for children and young people, ensuring all generations were included.

Feedback received from communities nationwide including through multiple roundtables, community forums and more than 1,360 engagements by the department’s Community Liaison Officers over the last two years. The submissions to the Review, highlight that African-Australians face discrimination and racism in Australia; limited employment opportunities; and that African-Australian young people experience high rates of incarceration, indefinite detention, mental health concerns and suicide.

Further consultations have been, and will continue to be, held with relevant Commonwealth departments and state and territory government departments to inform the design of the grant opportunities.

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 aliens power (section 51 (xix));
the social welfare power (section 51(xxiiiA));
the immigration and emigration power (section 51(xxvii);
the external affairs power (section 51(xxix)); and
the express incidental power and the executive power (sections 51(xxxix) and 61), including the nationhood aspect.

Aliens power

Section 51(xix) of the Constitution empowers the Parliament to make laws with respect to ‘naturalization and aliens’.

The program will fund activities to support African-Australian communities, including to support the settlement of non-citizens into Australia or provide services to non‑citizens.

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 maternity allowances, widows’ pensions, child endowment, unemployment benefits, pharmaceutical benefits, family allowances, sickness and hospital benefits, benefits to students, and medical and dental services.

The program will fund supports that facilitate culturally-appropriate access to Commonwealth services, such as Centrelink and Medicare.

Immigration and emigration power

Section 51(xxvii) empowers the Parliament to make laws with respect to ‘immigration and emigration’.

The program will fund activities to support the settlement of non-citizens into Australia and provide services to non-citizens immigrating to Australia from Africa.

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 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)

Articles 1–3: define and require elimination of discrimination against women in all forms.
Article 5: calls for modification of social and cultural patterns that perpetuate gender stereotypes.
Article 16: addresses equality in family relations and marriage.

The program will fund family programs including parenting support and support for survivors of domestic violence, which directly contributes to gender equality and the elimination of discrimination against women. These efforts align with the CEDAW’s provisions, particularly in promoting equitable family and social structures.

Convention on the Rights of the Child (CRC)

Article 4: requires governments to implement children’s rights through legislative, administrative, and other measures.
Article 18: emphasises parental responsibilities and the role of governments in supporting parents.
Article 19: obligates protection of children from all forms of violence.
Article 29: focuses on education that develops the child’s personality, talents, and respect for human rights.

The program will support African-Australian youth (under 18) through initiatives such as leadership programs, homework clubs, mentoring, and mental health support. These activities directly contribute to the protection, development, and participation of children, aligning with Articles 4, 18, 19, and 29 of the CRC.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Article 2: requires progressive realisation of rights using maximum available resources.
Article 6: recognises the right to work and the need for policies promoting employment.
Article 12: recognises the right to the highest attainable standard of physical and mental health.

The program will fund culturally appropriate employment services and mental health programs tailored to African-Australian communities. These initiatives support the right to work and health, and demonstrate the use of public resources to progressively realise economic and social rights.

International Labour Organization’s Convention concerning Employment Policy
(ILO Convention No. 122)

Article 1: requires member states to declare and pursue an active employment policy.
Article 2: emphasises full, productive, and freely chosen employment.

The program includes employment services and opportunities that are culturally appropriate and tailored to the needs of African-Australians. This supports Australia’s commitment to inclusive employment policies under ILO Convention No. 122.

Executive power and express incidental 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 program funds the establishment of projects that build the capacity and capability of grass-roots African-Australian community organisations to engage with government and advocate for their communities. These activities promote civic participation, strengthen understanding of Australian values and responsibilities, and support national social cohesion. The program addresses systemic barriers faced by African-Australian communities across multiple jurisdictions and complements, rather than duplicates, state and territory initiatives.

Its design and delivery at the national level ensures consistency, equity, and coordination across Australia, particularly in areas such as multicultural policy, national identity, and civic integration – matters that are inherently national in character. As such, the program is peculiarly adapted to the Government of a nation and falls within the scope of both the executive and express incidental powers.

Table item 720 – Security Uplifts for Muslim Communities Program

New table item 720 establishes legislative authority for government spending for the Security Uplifts for Muslim Communities Program (the program).

The program responds to an increase in threats of violence against the Australian-Muslim community and a reported increase in Islamophobia across Australia due to the conflict in the Middle East. The Government will provide grant funding of $25.0 million over three years from 2024-25 to the Australian National Imams Council Limited (ANIC) to implement additional security measures at Muslim faith-based places to address community safety threats and safeguard vital community facilities.

The ANIC, established in 2006, is the peak representative body for Imams and Islamic scholars in Australia. Its mission is to provide religious leadership, promote Islamic values, and support the Muslim community in practising their faith while contributing positively to Australian society. The ANIC aims to foster social cohesion, interfaith dialogue, and mutual respect through various initiatives. It oversees the Australian Fatwa Council, issues religious rulings, organises national conferences and training for Imams, and engages with government, media, and civil society to represent Muslim perspectives on national issues.

Under the program, the ANIC will undertake activities which will enhance security resources for mosques, Islamic centres, Islamic schools and other community facilities utilised and attended by the Muslim community in Australia.

The ANIC will engage closely with the Muslin community to understand where security is required, raise awareness about potential security measures and the availability of security funding. The engagement will also provide assurance of the ANIC’s intention and capacity to administer the funding fairly and equitably.

The ANIC will design and administer a grant round for Muslim faith-based organisations to apply for funding to enhance their security resources, ensuring:

equitable distribution of funding across Australia in consideration of population density, security needs and demographic characteristics of the Muslim community; and
the Independent and Qualified Assessment Committee includes experts in security and risk management, representatives from diverse Muslim communities, probity professionals or governance specialists to ensure compliance with funding regulations, observers or participants from government agencies, if requested by the department.

The ANIC will establish and manage agreements with on-funded organisations and support them in the delivery of their funded activities and reporting. This will include the provision and arrangement of educational workshops and training programs for community leaders, staff and volunteers to recognise and respond to potential security threats, noting on-funded organisations must be required to participate.

As part of a co-design process, the ANIC will work in close consultation with the department or departmental contractors or consultants, on the design and implementation of grant activities, including negotiation of an Activity Work Plan which will include final agreed details of the project.

The intended outcomes of the program are to:

increase the sense of safety and inclusivity within the Muslim community in Australia;
protect vital community infrastructure and prevent disruptions to religious, educational, and cultural activities;
strengthen community resilience against hate crimes and targeted attacks; and
promote social cohesion.

Funding amount and arrangements, merits review and consultation

Total funding of $27.9 million for the program was included in the 2025-26 Budget under the measure ‘Supporting Social Cohesion’ for a period of four years commencing in 2024-25. Details are set out in Budget 2025-26, Budget Measures, Budget Paper No. 2 at pages 61-62.

Funding will be provided to the ANIC as a closed non-competitive grant. The ANIC will be directly invited to apply due to its unique position as a peak Muslim organisation with the necessary reach, trust, and expertise to deliver the program objectives. This approach is appropriate given ANIC’s established relationships with diverse Muslim communities across Australia and its demonstrated capacity to administer funding equitably and effectively.

The grant will be administered in accordance with the Commonwealth resource management framework, including the PGPA Act, the PGPA Rule and the CGRPs.

Consistent with the CGRPs, the department will develop grant opportunity guidelines and will have regard to the nine key principles in administering the grant.

The department will engage the Community Grants Hub within the Department of Social Services to administer the grant opportunity process. The ANIC will be responsible for delivering the program, including designing and administering a sub-grant process for Muslim faith-based organisations to enhance security at community facilities.

The department will first review the ANIC’s application for eligibility and compliance against the requirements of the application process. ANIC will be rated as eligible or ineligible, compliant or not compliant. The department’s delegate will provide a final determination on eligibility and/or compliance. If eligible, ANIC’s application will move to the next stage (assessment). The department will undertake an assessment of the eligible application against the published assessment criteria. This assessment will consider the application on its merits and provide a preliminary score to inform the decision maker.

The SES Band 2 of the Office for Multicultural Affairs is the decision maker responsible for approving the Commonwealth expenditure. The delegate will have the appropriate skills and experience to perform the administrative function in accordance with the FFSP Act. The decision will be based on the preliminary assessment and any other relevant information, including the availability of grant funds. Information about the grant opportunity, including guidelines and outcomes, will be published on the GrantConnect website (www.grants.gov.au).

Merits review of decisions made in connection with the grants program would not be considered appropriate 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, 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 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.

Consultation between ANIC and the department will occur as part of a co-design process to inform ANIC’s delivery of activities. The department used feedback provided through the continuous consultation mechanism from the department’s Community Liaison Officer network to inform the development of the program. Feedback related to concerns raised by the Muslim community in Australia in relation to urgent security needs, particularly in the context of the conflict in the Middle East. The department also engaged with the
Attorney-General’s Department (AGD) in relation to programs administered by AGD, including the Enhancing Security for Jewish Communities program, through which the Jewish peak body, the Executive Council of Australian Jewry, was provided funding to administer a grant round for Jewish organisations to apply for security funding.

The department, the Minister for Home Affairs (the Minister), the Special Envoy to Combat Islamophobia and peak bodies determined it would be an appropriate model to replicate in relation to Muslim security needs. It was considered that due to their established relationships and reach into the diverse Muslim community in Australia, a peak body would be better placed than the department to administer the funding in an equitable manner and support grantees in delivering their funded activities.

Informed by this engagement, the department and the Minister deemed the ANIC to be the most suitable peak body to administer Muslim security funding, as ANIC:

is a central body with key representation from Australian-based Muslim Imams, scholars and clerics;
has the broadest reach into the diverse Muslim communities in Australia, strengthened by its partnership with the Alliance of Australian Muslims, whose role is to foster collaboration among grassroots organisations, faith leaders and community advocates; and
has a good understanding of the security needs of Muslim communities, having established a Community Safety and Security Committee to assist and advise the Muslim community on security and emergency management programs and policies, which is complemented by valuable relationships with Australia’s law enforcement and intelligence agencies and the Australian Government.

Constitutional considerations

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

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

External affairs power

International Covenant on Civil and Political Rights (ICCPR)

Australia has obligations under the ICCPR, including under Articles 2, 18 and 27:

Article 2: requires States Parties to respect and ensure all rights in the Covenant without discrimination and to provide effective remedies for violations. Each State Party undertakes to take necessary steps to give effect to the rights recognised in the Covenant.
Article 18: provides that everyone shall have the right to freedom of thought, conscience and religion, including the freedom to manifest religion or belief in worship, observance, practice and teaching.
Article 27: affirms the rights of persons belonging to religious minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language in community with others.

The program provides targeted funding to the ANIC to enhance security at mosques, Islamic schools, and Muslim community facilities across Australia. These measures are designed to protect Muslim Australians from religiously motivated threats and ensure they can safely practise their faith and participate in community life.

The program protects against religious discrimination and ensures equal access to safety and public life for a religious minority in Australia, promotes the safe and free manifestation of religion in community settings and supports the rights of Muslim Australians to practise their religion and culture in community with others.

Executive power and express incidental power, including the nationhood aspect

The program provides one-off funding to the ANIC to enhance security at Muslim
faith-based community facilities in response to increased threats and incidents of Islamophobia. The program supports national social cohesion, community safety, and the protection of religious and cultural infrastructure across Australia.

The program addresses urgent and widespread security concerns that transcend state and territory boundaries and require a coordinated, Commonwealth-led response. Its design ensures consistency and equity in the delivery of support to Muslim communities across Australia, particularly in areas of multicultural policy, national unity, and social inclusion.

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. 3) Regulations 2025

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 amendments to Part 4 of Schedule 1AB:

adds table item 719 ‘African-Australian Communities Program’; and
adds table item 720 ‘Security Uplifts for Muslim Communities Program’.

Table item 719 – African-Australian Communities Program

Table item 719 establishes legislative authority for government spending for the
African-Australian Communities Program (the program).

The program aims to bolster the capacity of African-Australian community groups to deliver both settlement and mainstream services to their communities; and provide funding for key organisations in those states and territories with significant sized African communities for initiatives that complement and leverage existing state and territory initiatives.

Funding of $20.0 million over four years from 2025-26 will be provided for the program to achieve its intended outcome, to support African-Australian communities to further their participation, integration and sense of belonging in Australia and enhance social cohesion.

Human rights implications

Table item 719 engages the following rights:

the rights relating to the elimination of racial discrimination, and the development and protection of racial groups – Article 7 of the Convention on the Elimination of Racial Discrimination (CERD), read with Article 2;
the rights of individuals to the enjoyment of culture – Article 27 of the International Covenant on Civil and Political Rights (ICCPR), read with Article 2, and Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2;
the right to work – Article 6 of the ICESCR;
the right to health – Article 12 of the ICESCR;
the rights of the child to be educated and protected and the right of women against discrimination – Articles 18, 19 and 29 of the Convention on the Rights of the Child (CRC), read with Article 4, and Articles 1, 2, 3, 5 and 16 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), read with
Article 2.

Table item 719 broadly supports the above rights by providing a range of measures aimed at facilitating the participation and inclusion of migrants and multicultural communities in a way that promotes and is consistent with the above rights.

Rights relating to eliminating racial discrimination

Article 2 of CERD states, in particular:

1. 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, and, to this end: […]

(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization; […]

2. 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.

Article 7 of CERD states:

States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration of the Elimination of All Forms Racial Discrimination, and this Convention.

The program is intended to support African-Australian communities further their participation, integration and sense of belonging in the Australian community. This intention will be achieved through funding the following measures:

youth programs that support African-Australian youth to participate in Australian society;
mental health programs, particularly in light of the high suicide rate among Australian youth;
employment services and employment opportunities that are culturally appropriate and tailored to the specific needs of African-Australians;
family programs that provide, for example, parenting support and support for survivors of domestic violence;
enabling and developing the capacity of African-Australian community organisations to support and advocate for their communities, and address community issues; and
facilitating culturally appropriate access to Commonwealth services, such as Centrelink or Medicare.

These initiatives may therefore assist in combating racial prejudices and eliminating racial discrimination in accordance with Articles 2 and 7 of the CERD.

Rights of individuals to the enjoyment of culture

Article 2(2) of the ICCPR states:

Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

Article 27 of the ICCPR states:

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Article 2(1) of the ICESCR states:

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, including particularly the adoption of legislative measures.

Article 15 of the ICECSR states, relevantly:

1. The States Parties to the present Covenant recognise the right of everyone:

(a) To take part in cultural life; […]

Funding under the program, includes, but is not limited to, funding for supporting the sustainment of youth programs that support African-Australian youth to participate in Australian society, and the capacity of African-Australian community organisations to support and advocate for their communities and address community issues. These initiatives are aimed at, among other things, boosting civic participation, enabling new and established multicultural communities to connect with the wider Australian community, and promoting community resilience, inclusion and cohesion, and thereby broadly support the rights in Article 27 of the ICCPR and Article 15 of the ICESCR, as well as the rights in the CERD.

Rights to work

Article 6 of the ICESCR states:

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Funding for employment services and employment opportunities that are culturally appropriate and tailored to the specific needs of African-Australians supports the right in Article 6 of the ICESCR, by taking steps, including vocational guidance and training programs, to achieve the full realisation of the right to work.

These initiatives are designed to build skills, confidence, and access to meaningful work, contributing to steady economic and social development while promoting full and productive employment under conditions that safeguard fundamental freedoms. This approach aligns with Article 6 of the ICESCR and reflects Australia’s commitment to ensuring that individuals from culturally and linguistically diverse backgrounds have equitable opportunities to participate in the workforce and achieve economic inclusion.

Rights to health

Article 12 of the ICESCR relevantly states:

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:

[…]

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

The program supports Article 12 of the ICESCR by funding culturally appropriate mental health programs tailored to the needs of African-Australian communities. These initiatives respond to high youth suicide rates among Australian youth and promote early intervention and community-based support. By improving access to relevant mental health services, the program contributes to the realisation of the right to the highest attainable standard of health.

Rights of the child to be educated and protected and the right of women against discrimination

Article 4 of the CRC states:

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Article 18 of the CRC states, relevantly:

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.

Article 19 of the CRC states:

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 29(1) of the CRC states, relevantly:

States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

[…]

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own […]

Article 1 of the CEDAW states:

For the purposes of the present Convention, the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil and any other field.

Article 2 of the CEDAW relevantly states:

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake […]:

e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

Article 3 of the CEDAW states:

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Article 5 of the CEDAW relevantly states:

States Parties shall take all appropriate measures:

a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudice and customary and all other practices which are based on the idea of inferiority of the superiority of either of the sexes or on stereotyped roles of men and women;

[…]

Article 16(1) of the CEDAW relevantly states:

States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations...

Initiatives for families are directed at parenting supports which assist in the realisation of the rights in Article 18 of the CRC, including on the basis that those parenting supports would assist parents in the performance of child-rearing responsibilities and assist in promoting other rights under the CRC.

The program is designed to strengthen African-Australian communities by supporting initiatives that enhance family wellbeing, including culturally appropriate parenting support. These initiatives aim to build the capacity of families to provide safe, nurturing environments for children, which is essential for their development and protection. By fostering stronger family units and equipping parents with the tools to support their children, the program contributes to the child’s right to grow up in a supportive setting that enables the full realisation of their rights under the CRC.

Initiatives for youth supports the development of respect for the child’s cultural identity, language and values, for the national values of the country in which the child is living and the country from which he or she may originate (Art 29(1)(c) of the CRC) and the child’s personality, talents and mental and physical abilities to their fullest potential (Art 29(1)(a) of the CRC) and therefore supports the rights in Article 29 of the CRC when read with Article 4.

The program’s youth-focused initiatives are grounded in a strengths-based, culturally responsive approach that recognises the unique experiences and identities of
African-Australian children and young people. By supporting early intervention and community-led engagement, the program creates safe, empowering environments where youth can build confidence, resilience, and a sense of belonging. These initiatives not only address barriers to participation but also promote inclusion and leadership, enabling young people to thrive within both their cultural communities and broader Australian society. This approach reinforces the program’s broader goals of fostering integration, social cohesion, and long-term community wellbeing.

The funding of family initiatives providing support for survivors of domestic violence supports the implementation of Articles 1, 2, 3, 5(a) and 16 of the CEDAW and Article 19 of the CRC with respect to survivors who are women and children. The program supports culturally appropriate family programs that respond to the needs of African-Australian women and children affected by domestic violence. These initiatives help overcome barriers to accessing support by building trust and delivering services in a culturally safe and community-led manner. They also strengthen the capacity of grassroots organisations to provide trauma-informed care. This contributes to long-term safety, empowerment, and gender equality. In doing so, the program advances Australia’s obligations under CEDAW and the CRC.

Table item 719 is compatible with human rights as it supports the elimination of racial discrimination and the promotion of understanding and tolerance in accordance with Articles 2 and 7 of the CERD, while also advancing the rights of ethnic minorities to enjoy their culture and practise their religion under Articles 2 and 27 of the ICCPR, and to participate in cultural life under Articles 2 and 15 of the ICESCR. Through funding for youth engagement, mental health support, employment services, family programs, and community capacity building, the program enables African-Australian communities to participate fully and equally in Australian society, promoting inclusion, resilience and the realisation of fundamental human rights.

Table item 720 – Security Uplifts for Muslim Communities Program

Table item 720 establishes legislative authority for government spending for the Security Uplifts for Muslim Communities Program (the program).

Under the program, the ANIC will:

assess and have regard to security needs of the Muslim community across Australia;
engage with the Muslim community to raise awareness about potential security measures;
design and administer grants for Muslim faith-based organisations to enhance their security resources; and
arrange educational workshops and training programs for community leaders, staff and volunteers, from funded organisations, to recognise and respond to potential security threats.

Human rights implications

Table item 720 engages the right to freedom of religion – Articles 18 and 27 of the ICCPR, read with Article 2.

Table item 720 broadly supports these rights by providing funding for the ANIC to implement additional security measures for the Muslim community in the context of the conflict in the Middle East.

Right to freedom of religion

Article 2 of the ICCPR states:

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

Article 18(1) of the ICCPR states:

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

Article 27 of the ICCPR states:

The program supports the above rights by authorising targeted funding to the ANIC to enhance security at mosques, Islamic schools, and other Muslim community facilities. These measures are a direct response to increased threats and incidents of Islamophobia and are designed to ensure that Muslim Australians can safely and freely practise their religion and participate in cultural life without fear of discrimination or violence, thereby broadly supporting the rights in Articles 2, 18 and 27 of the ICCPR.

Further, the program also supports community engagement, education, and training initiatives that promote understanding and inclusion, thereby reinforcing the rights of religious minorities and contributing to broader social cohesion.

Table item 720 is compatible with human rights as 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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